Order 13 — Parties

All persons may be joined in one action as Claimants in whom any right to relief is alleged to exist whether jointly or severally and judgment may be given for such Claimant(s) as may be found to be entitled to relief and for such relief as the Claimant may be entitled to without any amendment.

(1) When an action commenced in the name of a wrong person as Claimant, or where it is doubtful that it commenced in the name of the right Claimant, the Court, if satisfied that it commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, may order any other person to be substituted or added as plaintiff upon such terms as may be just.

(2) Where in commencing an action any person has been wrongly or improperly included as a Claimant and a Defendant has set up a CounterClaim or set off, such Defendant may establish the Set-Off or Counter-Claim as against the parties other than a Claimant so included, notwithstanding the inclusion of such Claimant or any proceeding based thereon.

If it appears on oath or affidavit to the satisfaction of the Court that the Defendant has a bona fide counter-claim against such Claimant which can be conveniently tried by the Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit instituted by such Claimant until he shall provide such security to comply with the orders and judgment of the Court with respect to such counterclaim as the Court shall think fit.

Any person may be joined as Defendant against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative. Judgment may be given against one or more of the Defendants as may be found to be liable, according to their respective liabilities, without any amendment.

Where the name of a party has been incorrectly stated, a Judge of the Court may upon application order a correction of such name on any terms as may be just.

(1) It shall not be necessary for every Defendant to be interested in all the reliefs prayed for, or as to every cause of action included in any proceeding against such a Defendant.

(2) A Judge upon considering the defence filed by any Respondent/Defendant may on application by that Defendant make such Order as may appear just to prevent the Respondent/Defendant from being embarrassed or put to expense by being required to attend any proceedings in which Respondent/Defendant may have no interest.

A Claimant may at the Claimant’s option join as parties to the same action all or any of the persons severally, or jointly and severally liable on any reliefs in the matter.

Where a Claimant is in doubt as to the person from whom the Claimant is entitled to redress, the Claimant may, in such manner as hereinafter mentioned, or as may be prescribed by any special order, join two or more Defendants, with the intent that the question as to which, if any, of the Defendants is liable and to what extent, may be determined as between all parties.

Persons under legal disability may sue by their guardians or defend by guardians appointed for that purpose.

Where any person’s name is to be used in any action as guardian of a person under legal disability or other party or as a relation, a written authority for that purpose signed by the guardian, or relation, as the case may be shall be filed in the Registry.

(1) Where there are numerous persons having the same interest in one suit, one or more of such persons may sue or be sued on behalf of or for the benefit of all persons so interested.

(2) Where there are numerous persons having the same interest in one suit and they seek to defend the action, a Judge may allow one or more of such persons to defend the action on behalf of, or for the benefit of all persons so interested.

(3) A person who has an interest in the determination of a matter by the Court may apply to be joined as a party to the proceedings.

(4) Where in any matter before the Court a party wishes to join a third party who is not a party to the proceedings, the first party may apply to the Court to join that third party to the action.

(5) On an application for a declaration or an Injunction, the Court may appoint one or more persons to represent any class or group of person who:
(a) may be commonly interested in any matter; or
(b) are commonly affected or likely to be commonly affected.
by any act or action of any person or authority, where such class or group of persons may not be easily ascertainable or conveniently found, if satisfied that is expedient to do so.

Where in any proceedings before the Court, compromise is proposed and some of the absent persons who are interested in or may be affected by the compromise are not parties to the proceedings but:
(1) there are some other persons having the same interest before the Court who assent to the compromise or on whose behalf the Court sanctions the compromise; or
(2) the absent persons are represented by a person who so assents on their behalf;
(3) if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, the Judge may approve the compromise and order that such compromise shall be binding on those absent persons, and they shall be bound accordingly, except where the Order has been obtained by fraud or non-disclosure of material facts.

(1) If in any proceedings it appears to a Judge that any deceased person who was interested in the proceedings has no legal personal representative, the Judge may proceed in the absence of any person representing the interest of the deceased person.

(2) Where a sole or sole surviving Claimant or Defendant in a proceedings dies and the cause of action survives but the person entitled to proceed fails to proceed, a Judge may on the application of either the deceased’s Counsel or the opposing party order any person to take the place of the said deceased and proceed with the suit.

(3) In default of such application or where the person substituted fails to proceed, judgment may be entered for the Defendant or as the case may be for the person against whom the proceedings might have been continued.

(1) No proceedings shall be defeated by reason of misjoinder or non-joinder of parties, and a Judge may deal with the matter in controversy so far as regards the rights and interest of the parties actually before the Court.

(2) A Judge may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Judge to be just, order that the names of any party or parties improperly joined be struck out.

(3) A Judge may order that the name of any party who ought to have been joined or whose presence before the Court is necessary to effectually and completely adjudicate upon and settle the questions involved in the proceedings be added.

(4)(a) No person under legal disability shall be added as a Claimant suing without a guardian, and;
(b) No person shall be added without the person’s consent in writing as the guardian of a Claimant under legal disability.

(5) Every party whose name is added as Defendant shall be served with the Originating Processes or Notice in the manner prescribed in these Rules or in such manner as may be prescribed by a Judge and the proceedings against such person shall be deemed to have begun on the service of Originating Processes or Notice.

(1) Any application to add or strike out or substitute or vary the name of a Claimant or Defendant may be made to the Court by motion on notice.

(2) Where the application is to add a Claimant or a Defendant, the application shall be accompanied by the Statement of Facts or Defence as the case may be, together with all the exhibits intended to be used and the depositions of all the witnesses.
Provided that where the application is to substitute a deceased party with another person, the application may not be accompanied by the documents specified above.

Where a Defendant is added or substituted, the Originating Processes shall be amended accordingly and the Claimant shall unless otherwise ordered by the Court file an amended Originating Process and cause the new Defendant to be served in the same manner as the original Defendant.

Where it appears to the Court that any person not a party in the proceedings may bear eventual liability either in whole or in part, the Court may upon an application allow that person to be joined as a third party by any of the Defendants. The application shall state the grounds for the applicant’s belief that such third party may bear eventual liability.

(2) The Order of the Court and existing processes shall be served on the third party within the time prescribed for delivering the Defence.

Where a party is joined in any proceeding as a third party, such a party may after service enter appearance within fourteen (14) days on such further terms as the Court may order.

If a third party duly served with the Order and all existing processes, does not enter an appearance or makes default in filing any pleading, the third party shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise.

A party joined as a third party in any proceedings may join any other party in the same manner as the third party was joined and the expression “Third Party” shall apply to and include every person so joined.

A Defendant may make a claim against a Co-Defendant in the Defendant’s Counter-Claim.

Any two or more persons claiming or alleged to be liable as partners and doing business within the jurisdiction may sue or be sued in the name of the Firm, if any, of which they were partners when the cause of action arose; and any party to that action may in such case apply to the Judge for a statement of the names and addresses of the persons who were partners in the Firm when the cause of action arose, to be furnished in such manner, and verified on oath or otherwise as the Judge may direct.

(1) When an Originating Process is issued by partners in the name of their Firm, the Claimants or their Counsel shall, on demand in writing by or on behalf of any Defendant, declare in writing the names and residential addresses of all persons constituting the firm on whose behalf the action is brought.

(2) Where the Claimants or their Counsel fail to comply with such demand, all proceedings in the action may upon an application for that purpose, be stayed upon such terms as the Court may direct.

(3) Where the names of the partners are so declared, the suit shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as Claimants in the Originating Process provided that the proceedings may continue in the name of the Firm.

(1) Where persons are sued as partners in the name of their Firm, they shall appear individually in their own names; but all subsequent proceedings shall continue in the name of the Firm where they are represented by counsel.

(2) Where an Originating Process is served upon a person having the control or management of the partnership business, no appearance by such person shall be necessary unless the person is a member of the Firm sued.

The above Rules in this part of this Order shall apply to proceedings between a Firm and one or more of its partners and between Firms having one or more partners in common, provided such Firm or Firms carry on business within the jurisdiction.

Any person carrying on business within the jurisdiction in a name or style other than the person’s own name may be sued in such name or style as if it were a Firm name, and, so far as the nature of the case will permit, all Rules relating to proceedings against Firms shall apply.

No proceedings:
(1) shall abate by reason of the death or bankruptcy of any of the parties, if the cause of action survives.
(2) shall become defective by the assignment, creation or devolution of any estate or title pendente lite, and whether the cause of action survives or not, and
(3) shall abate by reason of the death of either party between the finding on issues of fact and judgment, but judgment may in such case be entered notwithstanding the death of either party.

(1) Where by reason of death or bankruptcy, or any other event occurring after the commencement of a proceeding and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the proceeding, it becomes necessary or desirable that any person not already a party or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and such new party or parties may be obtained upon an application for such change, or transmission of interest or liability or of any such person interested having come into existence.

(2) An Order obtained under this rule shall be served upon the continuing party or parties, or their Counsel and also upon such new party unless the person making the application is the new party.

(3) Every person served who is not already a party to the proceedings shall where applicable enter an appearance thereto within the same time and in the same manner as if the person had been served with the Originating Process. The person shall thereupon be served with the Originating Process and all existing processes.

(4) Any party served under this Rule who was not already a party to the proceedings shall file pleadings and other documents as if the party had been an original party in the proceedings.

In the case of an assignment, creation or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved.

Where any person who is under no legal disability or being under any legal disability but having a guardian in the proceedings is served with an Order under Rule 28 such person may apply to a Judge to discharge or vary such Order at any time within fourteen (14) days of the service of the Order.

Where any person under any legal disability and not having a guardian in the proceedings is served with an Order under Rule 28 of this Order, such a person may apply to a Judge to discharge or vary the Order at any time within fourteen (14) days of the appointment of a guardian for such party, and until such period of fourteen (14) days has expired, the order shall have no force or effect as against the person under legal disability.

Where by these Rules, any act may be done by any party in any proceedings, such act, may be done either by the party in person, or by the party’s counsel, or by the party’s agent (unless an agent is expressly barred under these Rules).

If a power of attorney is executed by a principal and the agent is authorized to sue in a representative capacity on behalf of the principal, such an action must be brought in the name of the principal, that is, the donor of the power of attorney, indicating that the donor is suing through the named agent.

If a power of attorney is executed by a principal and the agent is authorized to sue in a representative capacity on behalf of the principal, such an action must be brought in the name of the principal, that is, the donor of the power of attorney, indicating that the donor is suing through the named agent.