But there are still legal phrases that baffle nonlawyers. Guest vs mukinga 2010hp0344 2010 zmhc 4 23 may 2010. In the matter of an application for leave to apply for. Turns out that the summons is the third book that takes place in clanton.
Most of all, he set a very high standard of writing that hes failed to live up to with his latest book. Legally, a summons also known in england and wales as a claim form is a legal document issued by a court a. How do i start a civil action by issuing an originating summons. The white book 1999 edition deals by contrast with uk rules of court that are now quite variant from our rules of court. For example, rsc order 5 concerned the mode of beginning proceedings in high court, with paragraphs concerning when proceedings must be issued by writ, originating summons, originating motion or petition. Apr 10, 2017 the most common way of approaching the court is by way of plaint.
Article 211 of the taking of evidence regulation provides that the regulation prevails over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the member states and in particular the hague convention of 1 march 1954 on civil procedure and the hague convention of 18 march 1970 on the taking of evidence abroad in civil or commercial matters. So, for example, if your action is seeking damages for breach of contract, you should start the action by issuing a plenary summons in the central office of the high court. Kachere v maiku and another 31 of 2016 2016 mwhc 552. The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. An application for leave to present a petition for divorce before three years have passed since the date of the marriage shall be made by originating summons in form 1 in the appendix. Generally speaking, civil proceedings may be commenced in the high court by writ of summons, originating summons, originating motion or petition. The originating summons went into full hearing and at the end, in his ruling judgement on 20 th february, 1995, the learned trial judge, jimoh, j, found in favour of the appellants and held that the suit was properly commenced by an originating summons. The attornery general of ministry of justice, new kent building, p.
Feb 09, 2017 originating summons from the plethora of judicial decisions in our court becomes appropriate where the questions in controversy between the parties revolve around simple questions of construction of documents and would not require the settlement of pleadings see. The entire provisions of the rules of the supreme court as expounded in the white book, 1999 edition including the decided cases are now zambian law by statute, and as such binding on the zambian courts. Originating summons os is one of the two modes in commencing a civil action. In closing, i find it apposite to make reference to the editorial introduction provided by the learned authors of the white book which is quite illuminating, see 12 1999 white book. Due to the complexity of the procedures, you are strongly recommended to appoint a lawyer to represent you. A summons also known in england and wales as a claim form and in the australian state of new south wales as a court attendance notice can is a legal document issued by a court a judicial summons or by an administrative agency of government an administrative summons for various purposes. Responding to the foregoing, the plaintiffs material depositions in his affidavit in reply are. Writ of summons for issue from the principal registry in the high court for zambia at the prinicpal registry holden at lusaka civil jurisdiction etween. It was supported by affidavits of robert brisbane and rosalie brisbane and neita taylor all filed on 4th march, and of robert williams filed on 12th march. Originating summons can also be applied where specific legislations asks for it, e. An originating summons is usually suitable for cases where there is only little or no dispute of fact and the parties only raise issues of law, or the interpretation of certain terms in a legal document, for the courts determination. Originating summons meaning in the cambridge english. Kachere v maiku and another 31 of 2016 2016 mwhc 552 01.
She therefore prays that the originating summons for summary possession of the land herein be dismissed on the ground that she is the rightful owner of the disputed land. The point here is that the proceedings under order 1 were misconceived, incompetent and therefore nullity. For ease of reference, we quote order 1 rule 1 of the white book 1999 which reads. Originating summons, interpleader proceedings, notice of.
Practitioners will he aware that the english civil procedure rules were extensive changed in april of 1999. Acquit when a court lets a person go without any penalty. In england, the court may also direct the matter be heard by originating motion to a divisional court of the queens bench division. An action is commenced by an os when 1 it is required by a statute or 2 a dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. Nov 07, 2019 in its summons to strike out pleadings for abuse of court process, stanbic bank, through its lawyers, eric silwamba, jalasi, and linyama legal practitioners, said that the originating process filed by savenda was irregular as it offends the provisions of order 18 rule 19 sub rule 38 of the supreme court white book which bar relitigation of a. The white books of the years after 1970 are notorious for having to be handled with care. The attorney general of global house, church street in the city of hamilton in the islands of bermuda. The 1970 white book is the last to deal with the rules as they still apply in the eastern caribbean supreme court. Citation 1 these rules may be cited as the rules of the supreme court amendment rules 1999.
Nov 29, 2016 the types of document you use to begin your high court case depend on the type of action you are bringing. The suit is brought to the notice of the prospective defendant after its issue and service on him. An overview of a civil action begun by an originating summons. So the case of samuel v linzi dresses limited supra is no longer a persuasive authority. The rules of the supreme court rsc were the rules which governed civil procedure in the supreme court of judicature of england and wales from its formation in 1883 until 1999 the rsc applied to all civil cases in the supreme court in england and wales commenced after the merger of the courts of common law and equity in 1883 by the judicature acts until they were superseded by the civil.
In the supreme court of bermuda government of bermuda. Henrik lindvig and trevor paynter windward properties limited defendantsappearances. This practice direction deals with the application of the civil procedure rules. The white book 1970 edition provides the learning when the uks rules of court were the version still used in our jurisdiction. Refer to the act of parliamentsubsidiary legislation and nature of case sections on the originating summons page the following are. Specific types of originating summons can be filed depending on the selected legislation and nature of case.
Service when a defendant agrees that a writ or originating summons claim form since april 1999 has been received. Summons for other uses, see summons disambiguation. Therein the learned authors observe that the use of this procedure is to be discouraged where the plaintiff is aware of a real dispute with the occupier. Service when a defendant agrees that a writ or originating summons claim form since april 1999 has been. Originating summons from the plethora of judicial decisions in our court becomes appropriate where the questions in controversy between the parties revolve around simple questions of construction of documents and would not require the settlement of pleadings see. The summons lacks all the charm and details that made a time to kill such a good read. Antonio ventriglia and attorney general plaintiff defendant to.
If affidavit is part of originating documentation have regard to the rules of court circuit court, high court or superior court as to whether the title needs to include a reference to any statute, rule of court, intended proceedings. The rsc consisted of orders which concerned specific topics and paragraphs within each order on the specifics. B commissiong esq qc, ms m commissiong with him, for the plaintiff e robertson esq, ms s robertson with him, for the 2nd defendant 2000. A summons is not valid until the clerk of the court where you have filed your lawsuit signs it. In the present case the defendant filed a duly stamped defence and counterclaim which. The a to z guide to legal phrases this is only a basic guide.
Definition of originating summons from the cambridge business english dictionary. St vincent and the grenadines plaintiff in the high court of justicecivil suit no. The originating summons method is less common and is only used where the civil procedure rules provide for it or some other statutes especially permit that method of approaching the court. Proceedings which may be begun by writ or originating summons. The latter of course is hardly applicable here in belize. The court will do its best to give effect to an acknowledgment of service even if irregularan acknowledgment with serious defects may have to be returned by the court. The defendant fills in, signs and sends back the acknowledgement of service to confirm in writing that the documents were received.
Originating summons meaning in the cambridge english dictionary. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff. The supreme court practice 1999 january 1, 1999 edition. The most common way of approaching the court is by way of plaint. The centre further pointed out in the originating summons that by virtue of the report of the judicial commission of inquiry and the white paper the imn has been proscribed stressing that by. Let all parties concerned attend before one of her majestys judges in the supreme court of bermuda, parliament street, in the city of hamilton, in the islands of bermuda on the. The white book 1970 edition provides at note 674 as follows. The a to z guide to legal phrases plain english campaign. In england, the court may also direct the matter be heard by originating motion to a divisional. Mar 07, 2014 the 1999 white book states at paragraph 1235. Let all parties concerned attend before the judge or registrar on.
The summons by john grishom novel audible it was while listening to sycamore row that i recognized some of the same names of the characters because my daughter and i were listening to the summons on our travels. If the summons is properly prepared, the clerk will sign it, and then it is ready to serve on the defendant with a copy of the complaint. Rules of the supreme court amendment rules 1999 2 1182 mode of application every application under the convention shall be made by originating summons. The supreme court practice 1999 the white book by rt hon sir richard scott. Full text of the law and practice appertaining to originating summons. Set out below is some basic information regarding civil actions commenced by an originating summons. Bring your completed summons to the clerks office at the courthouse where you have filed your lawsuit. Rules of the supreme court amendment rules 1999 the chief justice in exercise of the powers conferred on him by section 62 of the supreme court act 1905 and section 12 of the international child abduction act 1998 makes the following rules. See generally order 53 rule 5 of the english supreme court rules vol. The types of document you use to begin your high court case depend on the type of action you are bringing. Refer to the act of parliamentsubsidiary legislation and nature of case sections on the originating summons page. Feb 05, 2002 the summons by john grishom novel audible it was while listening to sycamore row that i recognized some of the same names of the characters because my daughter and i were listening to the summons on our travels. Stanbic asks high court to dismiss savendas case the. Proceedings which must be begun by originating summons.
Stanbic asks high court to dismiss savendas case the mast. The bank added that the originating process was also an abuse of court process as it was anchored on a cause of action that had already been litigated upon, rendering the action scandalous, frivolous, vexatious and offensive to the provisions of order 18 rule 19 sub rule 15 and sub rule 16 of the supreme court white book 1965, volume 11 1999. Henrik lindvig v trevor paynter et al eastern caribbean. Originating summons definition in the cambridge english. Once you have prepared one, it is filed in the same way as you file the plaint. The proceedings were wrongly brought against a person exempt by rule 1 from the application of that order and so in the teeth of the order relied upon. Writ of summons and statement of claim zambia reports. In a time to kill grisham created a memorable story with characters that are still fresh in my mind. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable before the judge in chambers, for such relief of the nature or kind following as may be by.