ORDER 6 WRITS OF SUMMONS: GENERAL PROVISIONS Form of Writ 1. Every writ must be in Form No. 1, 2, 3, 4 or 5 in Appendix A, whichever is appropriate. Indorsement of Claim 2. (1) Before a writ is issued it must be indorsed- (a) with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby; (b) where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant- (i) except in either of the cases mentioned in paragraph (2), pays the amount so claimed to the plaintiff, his solicitor or agent; (ii) in either of the said cases, pays that amount into court; (c) where the claim made by the plaintiff is for possession of land with a statement showing whether or not his right to possession is subject to any statutory restriction. (2) The case referred to in paragraph (1)(b) are- (a) a case where the plaintiff (or, if there are more plaintiffs than one, any of them) is a non-resident as defined in section 2(1) of the Exchange Control Act, 1970 or is acting by order or on behalf of such of a person so resident; (b) a case where the defendant is making the payment by order or on behalf of such a person so resident. (3) A defendant who pays money into court under this rule must give notice (in Form No. 6 in Appendix A) to the plaintiff, his solicitor or agent. Indorsement as to Capacity 3. (1) Before a writ is issued it must be indorsed- (a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued. (2) Before a writ is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person who is a non-resident as defined under section 2(1) of the Exchange Control Act, 1970 it must be indorsed with a statement of that fact and with the address of that person so resident. Indorsement as to Solicitor and Address 4. (1) Before a writ is issued it must be indorsed- (a) Where the plaintiff sues by a solicitor, with the plaintiff's address and the solicitor's name or firm and a business address of his within 3 miles of the Registry or Sub-Registry out of which the writ is to be issued, and also (if the solicitor is the agent of another) the name or firm and business address of his principal; -
(b) where the plaintiff sues in person, with (i) the address of his place of residence and, if his place of residence is not within 3 miles of the Registry or Sub-Registry out of which the writ is to be issued, or if he has no place of residence, the address of a place within 3 miles of the Registry or Sub-Registry or at or to which documents may be delivered or sent, and (ii) his occupation. (2) The address for service of a plaintiff shall be- (a) where he sues by a solicitor, the business address of the solicitor indorsed on the writ or where there are two such addresses so indorsed, the business address of the solicitor who is acting as agent for the other; (b) where he sues in person, the address within 3 miles of the Registry or Sub-Registry indorsed on the writ. (3) Where a solicitor's name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity. (4) If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ. Concurrent Writ 5. (1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid. (2) Without prejudice to the generality of paragraph (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one, notice of which is to be served out of the jurisdiction, and a writ, notice of which is to be served out of the jurisdiction, may be issued as a concurrent writ with one for service within the jurisdiction. (3) A concurrent writ it is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued. Issue of Writ 6. (1) No writ, notice of which is to be served out of the jurisdiction, shall be issued without the leave of the Court: Provided that if every claim made by a writ is one which by virtue of an enactment the High Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provision shall not apply to the writ. (2) A writ may be issued out of the Registry or a Sub-Registry. (3) Issue of a writ takes place upon its being sealed by an officer of the Registry or Sub-Registry out of which it is issued. (4) The officer by whom a concurrent writ is sealed must mark it as a concurrent writ with an official stamp. (5) No writ shall be sealed unless at the time of the tender thereof for sealing the person tendering it leaves at the office at which it is tendered a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his solicitor. Duration and Renewal of Writ 7. (1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for twelve months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ. (2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if any application for extension is made to the Court before that day or such later day (if any) as the Court may allow. (3) Before a writ, the validity of which has been extended under this rule, is served, it must be marked with an official stamp showing the period for which the validity of the writ has been so extended. (4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order. |