Order 4 β€” Indorsement

Rule 1 Indorsement

Every originating process shall contain the claim, the relief or remedy sought and the full names, without the use of initials, and address of the Plaintiff.

Rule 2 Indorsement to show representative capacity

Where a Plaintiff 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 Plaintiff claims as creditor, executor, administrator, beneficiary, next of kin or in any other capacity.

Rule 4 What is indorsed 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 Plaintiff’s Legal Practitioner within the time allowed for appearance and that upon such payment the proceedings shall terminate.

Rule 5 Endorsement for account

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

Rule 6 Indorsement of address by Plaintiff or the Legal Practitioner

 

  1. (1) A Plaintiff suing in person shall state on the originating process:

(a) the Plaintiff’s residential or business address as the address for service;

(b) the Plaintiff’s mobile telephone number;

(c) email address (where available);

(d) If the Plaintiff lives and carries on business outside the jurisdiction, the Plaintiff shall state an address within the jurisdiction as the address for service.

(2) Where a Plaintiff sues through a Legal Practitioner, the Legal Practitioner shall state on the originating process:

(a) his chambers’ address as the address for service;

(b) his mobile telephone number;

(c) email address (where available); and

(d) If the Legal Practitioner is based outside the jurisdiction, the Legal Practitioner shall state a chambers’ address within the jurisdiction as the address for service.

Rule 7

An originating process shall state the address for service on a Defendant.

Rule 8

If the originating process does not state an address for service, it shall not be accepted by the Registry.

Rule 9

Where the address for service is unidentifiable or vague, the party filing the process shall act as a pointer to the process server.

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