Order 6 — Filing and Issue of Originating Process
Rule 1 Sufficient copies of Originating Process to be left with the Registrar.
(1) A claimant or Counsel shall, on presenting any originating process for filing and sealing, leave with the Registrar as many copies of the process as there are defendants or respondents to be served and one copy for endorsement of service on each defendant or respondent.
(2) Each copy shall be signed by the claimant suing in person or by the Counsel otherwise and shall be certified after verification by the Registrar as being a true copy of the original process filed.
(3) The Registrar shall seal every originating process which shall thereafter be deemed to be issued.
Rule 2 Registrar's action on duly filed Originating Process.
The Registrar shall after sealing an originating process, file it and note on it the date of filing and the number of copies supplied by a claimant or the claimant’s counsel for service on the defendants. The Registrar shall then make an entry of the filing in the Cause Book and identify the action with a Suit Number that comprises the abbreviation of the Judicial Division, a chronological number and the year of filing.
Rule 3 Registrar to arrange prompt service of Originating Process.
The Registrar shall arrange for prompt service of a copy of the originating process and accompanying documents on each defendant or respondent.
Rule 4 Lifespan of an Originating Process.
(1) Every originating process shall ordinarily be valid for 6 months in the first instance beginning from the date of its issue.
(2) Where the Court is satisfied that it has proved impossible to serve an originating process on any defendant/respondent within its lifespan and a claimant applied before its expiration for renewal of the process, the Court may renew the original or concurrent process for three (3) months from the date of such renewal.
Rule 5 Renewal of Originating Process.
The Court may for good cause shown and upon timely application order two renewals in each case, provided that no originating process shall be in force altogether for longer than a period of 12 months. The Registrar shall state the fact, date and duration of renewal on every renewed originating process.
Rule 6 Loss of Originating Process.
Where an originating process is lost after issuance, the Court, upon being satisfied of the loss and of the correctness of the process, may order the copy to be filed and sealed in place of the lost originating process.
Rule 7 Concurrent Originating Processes.
A claimant may on the issuance of an originating process or at any time during its validity, cause to be issued one or more concurrent originating processes each to bear the same date as the initial process marked ‘CONCURRENT’ with the date of issue stated on it.
Rule 8 Issuance and marking of concurrent Originating Process for service.
An originating process for service within the country may be issued and marked as a concurrent originating process with one for service out of the country or vice versa.
Rule 9 When Claimant can withdraw process.
Notwithstanding anything contained in this Order, where a Claimant files an originating process at the Registry of the Court, the Claimant or the claimant’s counsel may by notice of discontinuance withdraw the originating process either:
(a) before the service of the originating process is effected on the Defendant or Respondent; or
(b) before the Defendant/Respondent files a defence or response.