Order 4 — ENDORSEMENT OF CLAIM AND OF ADDRESS

Rule 1 Endorsement

Every originating process shall contain the claim, the relief or remedy sought and the full names and address of the Claimant or Applicant as the case may be.

Rule 2 Endorsement to Show Representative Capacity

Where a claimant sues, or the Defendant or any of several Defendants is sued in a representative capacity, the originating process shall state that capacity.

Rule 3 Probate Actions

In probate actions the originating process shall state whether a claimant or Applicant claims as creditor, executor, administrator, beneficiary, next of kin or in any other capacity.

 

Rule 4 What Is Endorsed Where the Claim Is Liquidated

Where the claim is for debt or liquidated demand only, the originating process shall state the amount claimed for debt or in respect of such demand with costs and shall further state that the defendant may pay the amount with costs to the claimant’s Legal Practitioner within the time allowed for appearance and that upon such payment the Proceedings shall terminate.

Rule 5 Ordinary Account

In all cases where a claimant in the first instance desires to have an account taken, the originating process shall so state.

Rule 6 Endorsement of Address by Claimant or by Legal Practitioner

(1) A claimant suing in person, shall state on the originating process his residential or business address as his address for service and shall include his telephone numbers and e-mail address. If he lives and carries on business outside the jurisdiction he shall state an address within jurisdiction as his address for service, and shall also include his telephone numbers and e-mail address.

(2) Where a claimant sues through a Legal Practitioner the Legal Practitioner shall state on the originating process, his chamber’s address as the address for service, and shall include his telephone numbers and e-mail address, if the Legal Practitioner is based outside the jurisdiction he shall state a chamber’s address within jurisdiction as his address for service and shall include his telephone numbers and e-mail address.

Rule 7 Endorsement of an Address

Where an originating process is to be served on a defendant outside the jurisdiction the process shall state the address as required in Rule 6.

Rule 8 Originating Process Without an Address or with Fictitious Address

If the originating process does not state an address for service, it shall not be accepted and if any such address is illusory, fictitious or misleading the process may be set aside by a Judge on the application of the defendant.

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