Order 15 — Defences

(1) Where a party served with a Complaint or any other originating process and the accompanying documents as stipulated in Order 3 of these Rules intends to defend and/or counter-claim in the action, the party shall not later than fourteen (14) days or any other time prescribed for defence in the Complaint, file:
(a) a statement of defence and counter-claim, (if any), which may include any preliminary objection the party wishes to raise to the Claimant’s action;
(b) a list of witnesses;
(c) a list and copies of documents and other exhibits to be relied upon at the trial
(d) Written Statements on oath of all witnesses listed to be called by the Defendant other than witnesses to be subpoenaed.

(2) Notwithstanding the provisions of sub-rule 1 of this rule, a party in a matter before the Court may apply for leave to call additional or substitute witness(es) after filing the list of the party’s witnesses and tender additional exhibits or documents.
Provided that such a party shall file along with the application for leave, the said witness(es)’ written statement on oath and additional exhibits or documents.

(1) A party served as a Defendant/Respondent with a Complaint or any other Originating Process and accompanying documents and who intends to defend and/or counter-claim in the action, shall, after complying with Rule 1 of this Order, state in the party’s defence and/or counter-claim; the party’s contact addresses (residential or business), telephone number(s) and e-mail address(es) as the party’s contact information for service of any Court process.

(2) Where a party has appointed or instructed a counsel to appear on the party’s behalf and represent the party, and the counsel has entered an appearance, all processes filed in the matter shall be served on counsel, except as the Court may otherwise direct.

(3) Where a party served as a Defendant/Respondent with a Complaint or any other originating process intends to defend and/or counter-claim through a Counsel, the Counsel shall state in the defence and/or counter-claim the address, telephone number(s) and e-mail address(es) of the Counsel’s chambers as the contact information for service on the Counsel of any Court process.
Provided that where counsel is based or resident outside the Judicial Division or State Registry where the defence and/or counter-claim is filed, the Counsel shall in addition, state an address, telephone numbers and other contact information of chambers within the Judicial Division of the Court as Counsel’s contact information

(4) Where a defendant is served with an originating process as required by Order 3 of the Rules of this Court, the defendant shall explicitly and clearly state in details in the defendant’s statement of defence:
(a) whether the defendant admits the claim in whole or in part;
(b) if the defendant admits the claim in part, the defendant shall state what part of the claim is admitted and how the defendant intends to pay the part or amount admitted;
(c) if the defendant has a counter-claim or set-off against the claim, the defendant shall clearly state this in a defence and proceed to plead the defendant’s counter-claim which shall be treated as claim;

(5) Where Claimant intends to defend a counter-claim or set off, the Claimant shall file a defence to the counter claim or set-off within seven (7) days of receipt of the counter-claim and/or the set-off.

(6) Where the defendant admits part of the claim, the claimant may by motion on notice request the Court to give judgment against the defendant on that sum of money (where the claim is monetary) or part of the claim admitted by the defendant.

(7) The Court may thereafter enter judgment for the payment of the part admitted by the Defendant and may order that the action proceeds in respect of the unadmitted or contested part of the claim.

(8) Where the defendant fails to deny or contest any of the claims of the claimant as contained in the statement of claims, the Claimant may by motion on notice to the Court indicate that the defendant has disclosed no defence and therefore request for judgment.

Where a defendant/respondent is served with a schedule of documents or any recording by an electronic device to be relied on at the trial by the claimant, in compliance with Order 3 rules 9 and 10 of these Rules, the defendant(s) shall file and serve along with the defence a schedule that indicates:
(a) the document(s) or any recording by an electronic device the admissibility of which the defendant shall not be objecting to at the trial; and
(b) the document(s) or any recording by an electronic device which the defendant shall be objecting to at the trial.

(1) Any document or recording by an electronic device contained in the schedule which is not objected to by the Defendant shall be deemed admitted except the Court otherwise directs.
Provided at all times that a party that has signified an intention to object to the admissibility of a document or documents or any recording by an electronic device sought to be tendered by the other party shall file separately a short but succinct Written Address stating the ground(s) of objection and legal argument and authority for same.
Provided also that a party to whose document and or any recording by an electronic device an objection has been raised, upon being served with the notice of objection together with the written argument in support of same, shall accompany such party’s reply process(es) which shall be on point of law with a written address in response to the objector’s argument, within fourteen (14) days of service of the objector’s process(es).
Provided further that at the commencement of trial, the Court may first take and dispose of all arguments on the admissibility and non-admissibility of the documents or any recording by electronic device of all parties.
Nothing in the foregoing shall preclude the Court from taking the arguments on admissibility and evidential value of documents and exhibits alongside arguments as to the substantive suit at the close of evidence at the stage of Final Addresses.

(2) The defendant(s) shall file and serve on the Claimant along with the statement of defence, a schedule of all documents and or any recording by an electronic device the defendant shall be relying on at the trial and the Claimant shall be required to indicate:
(a) The document(s) and or any recording by an electronic device the admissibility of which the Claimant shall not be objecting to at the trial;
(b) The document and or any recording by an electronic device the Claimant shall be objecting to at the trial.

(3) Any document and or any recording by an electronic device contained in the schedule which is not objected to by the Claimant shall not be allowed to be objected to at the trial except the Court otherwise directs.

Where a party served with an Originating Summons with any other accompanying documents and or any recording by an electronic device as stipulated in Order 3 Rule 16 of these Rules intends to contest the Originating Summons, such party shall not later than fourteen (14) days thereafter or any other time prescribed, file a Counter Affidavit thereto, which shall be accompanied by:
(a) other relevant document(s), if any

The Applicant may file a written reply on point(s) of law within seven (7) days of service of the Respondent’s Affidavit (if any) and a Written Address.

Where a Claimant has served the Defendant/Respondent with the Claimant’s Originating Process in compliance with Order 3 rules 9 and 10 of these Rules, and the Defendant/Respondent has filed a defence and served same on the Claimant in compliance with Rule 1 of this Order, the Claimant may file and serve a reply to the statement of defence and serve same on the Defendant within seven (7) days from the date of receipt of the defence.
Provided that the Claimant shall have the right to reply only to new issues raised by the Defendant in the statement of defence.

Where notice has been served on a party to file a notice of response within the time allowed by rule 1 of this Order and that party fails to comply, the matter shall nevertheless be set down for hearing and if on the day of hearing, the defaulting party:
(1) appears and shows good cause why the party did not file a notice of response, the Court may according to the nature of the case, or as the justice of the case requires:
(i) postpone the matter to enable the defaulting party to comply, or;
(ii) proceed to hear and determine the matter; or
(2) does not appear or show good cause why the party did not file a response, the Court may, according to the nature of the case, or as the justice of the case may require:
(a) enter a default judgment against the defaulting party; or
(b) proceed to hear and determine the matter.