The High Court rules are rules made pursuant to the constitution of Sierra Leone 1991, section
145. The High Court rules do not contain sections but orders and rules, from rules 1 to rules 62.
These rules were enforced to enhance a proper, organised hearing and determination of matters
in the civil court. Without the high court rules, perhaps the way matters are presented and tried to
the high court, may have been a bit chaotic.
COMMENCEMENT OF PROCEEDINGS (Order 5)
It is key that the plaintiff chooses the right originating processes. The processes could be by a
writ of summons (order 6), an originating summons (order 7), an originating motion (order 8)
and a petition (order 9). A writ of summons is principally used to initiate, commence, or originate
an action in the High Court where there are contentions as to facts for example where one is
trespassing on another person’s land or where a party is challenging the title to a land. A writ of
summons should be used because it contains documentary evidence as well as pleadings. A writ
of summons has two parts; generally endorsed and specially endorsed.
General writ does not have a particulars of claim nor reliefs indorsed on it whilst specially
endorsed writ contains not only the statement of claim, but also the particular of claims and the
reliefs sought.
Moving on, an originating summon is used for cases centered on action where there are
substantial questions of law. It cannot be used where there are substantial questions as to facts.
Motions and petitions are usually reserved for specific cases provided for by the rules. Failure to
comply with the rules is treated as an irregularity but that does not nullify the proceedings (order
2 effect of noncompliance) RE PRITCHARD.
After filing the originating processes, the next step is service.
SERVING THE ORIGINATING PROCESS (Order 10)
Once the originating processes are filed, the plaintiff must inform the defendant of the action by
serving the documents on them because the defendant must be aware that an action has been
instituted against him so that he can prepare or take the necessary steps to defend the action. The
methods of service are in four folds:
1. Personal service
2. Deemed service
3. Substituted service
4. Ordinary service
Personal service means where there is an action is brought to the court through the registrar.
Service of summons is required to be made to the party against whom an action is been taken. In
serving him/her, the rule says you must serve him personally, not to anyone but the party.
Deemed service is any service other than personal service on the instruction of the defendant or
person being sued. Where a service is received by another person other than the defendant
himself.
Substituted service is where the defendant evades service either by him hiding or it is difficult to
serve him/her. Before the court grants it, three or more attempts should have been made without
success to serve him.
Ordinary Service are originating in the strict sense, they can be notice of motion, judges
summon, non interlocutory processes.
DEFENDANT’S RESPONSE; APPEARANCE (Order 12)
After receiving the process, the defendant must file an appearance, an acknowledgement of the
case brought against him or her. There is a timeline for this to happen; within 14 days of
receiving the originating process. Failure to fail an appearance may result in the plaintiff seeking
default of judgment (order 13)
DEFAULT OF JUDGMENT:(Order 13)
If the defendant does not enter an appearance, the plaintiff can apply for judgment in default
order 13. This makes the case to progress and prevents undue delays and saves time.
SUMMARY JUDMENT: ORDER 16
If the plaintiff believes that the defendant has no real defence, they may apply for this under
order 16. This allows the case to be resolved without going through trial. The defendant is
notified of this application and has the chance to respond. During summary judgment, hearing
the court reviews application and if it agrees with the plaintiff, can issue a judgment immediately.
If the court decides that there are legitimate issues to be tried, the case proceeds.
Order 22: Default of Pleadings
What
Order 22 applies to default of pleadings and allows for judgments to be entered when a party
fails to file required pleadings, like a statement of claim or defense, within prescribed time limits.
How
Claim for Liquidated Demand: If the defendant fails to file a defense to a liquidated
demand, the plaintiff may obtain final judgment for the claimed amount plus costs (Order
22, Rule 2).
Claim for Unliquidated Damages: For unliquidated claims (like general damages), the
plaintiff may obtain an interlocutory judgment, with damages assessed later by the court
(Order 22, Rule 3).
Mixed Claims: For cases involving multiple claims (both liquidated and unliquidated),
the plaintiff may apply for separate judgments according to the claim types (Order 22,
Rule 6)
When
Plaintiffs typically seek judgments under Order 22 if defendants fail to respond within the
required timeframe (e.g., 10 days for defense after receiving the statement of claim under Order
21).
Why
This order ensures procedural efficiency by permitting judgments when parties fail to respond,
thus preventing delays from unresponsive parties and encouraging adherence to timelines.
Consequences of Non-Compliance
For the Defendant: Failing to submit a defense can result in a judgment in favor of the
plaintiff, effectively ending the case on those claims.
For the Plaintiff: Failure to pursue default judgment could delay proceedings and may
affect the plaintiff's right to relief on time-sensitive matters.
Order 23: Amendment
What
Order 23 covers amendments to writs, pleadings, and other documents, allowing parties to
correct errors or clarify issues. Amendments can be made with or without leave (permission)
from the court.
How
Without Leave: Parties may amend writs or pleadings once before the close of pleadings,
provided it does not involve adding new parties or changing the claim (Order 23, Rule 1).
With Leave: Amendments requiring leave include:
o Adding or substituting parties.
o Altering the claim.
o Making amendments after the close of pleadings (Order 23, Rule 5).
Court’s Discretion: The court has discretion to allow amendments to facilitate the
determination of the actual issues in dispute, especially when they do not unfairly
prejudice the opposing party.
When
Amendments should ideally be made early, especially without leave, before pleadings close. For
amendments requiring leave, the application should be made promptly upon realizing the need.
Why
This order provides flexibility, allowing parties to refine or clarify issues, ensuring the trial
addresses the true matters in dispute.
REQUESTING SECURITY FOR COSTS (ORDER 26)
This rule allows defendant to request for security for costs if they presume that the plaintiff
might not be able to pay the defendant’s cost if the case fails. This is a financial protection for the
defendant. When granted by the court, the plaintiff must deposit the specified amount.
Order 27: Discovery and Inspection of Documents
What
Order 27 mandates discovery and inspection of relevant documents between parties, promoting
transparency and fair preparation.
How
Mutual Discovery: After pleadings close, parties exchange lists of documents relevant to
the case, including items they intend to rely on or that may support the other side (Order
27, Rule 1).
Inspection: Parties may inspect disclosed documents, verifying the evidence that each
side will present (Order 27, Rule 2).
Further Discovery: If a party believes additional relevant documents exist, they may
request further discovery, which the court can grant if justified (Order 27, Rule 7)
When
Discovery generally occurs soon after pleadings close and must be completed within the period
set by the court or agreed by the parties.
Why
Discovery and inspection ensure fairness by allowing each party access to relevant information.
This helps prevent surprises at trial and allows for better-prepared cases.
Consequences of Non-Compliance
For Either Party: Failing to disclose relevant documents can lead to sanctions, such as
striking out pleadings or costs penalties.
For the Plaintiff: Withholding crucial evidence may impair the case, while non-
compliance can result in adverse inferences or dismissal.
Order 28: Summons for Directions
What
The summons for directions is a crucial pre-trial step where the court provides
orders for managing the trial, addressing procedural matters such as discovery,
witness schedules, and evidence requirements.
How
Plaintiff’s Responsibility: The plaintiff must take out a summons for directions
within one month after pleadings close, or the defendant may do so if the
plaintiff fails to act (Order 28, Rule 1).
Court Orders: During the hearing, the court may:
o Order further discovery.
o Set deadlines for evidence exchange.
o Direct on procedural matters like joinder of issues or witness testimony
schedules (Order 28, Rule 2).
Interlocutory Applications: The court can resolve preliminary disputes
through interlocutory applications, providing rulings that affect trial efficiency
(Order 28, Rule 6)
