Acts and Regulations

Rule-5 - JOINDER OF CLAIMS AND PARTIES

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Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 5
JOINDER OF CLAIMS AND PARTIES
5.01Joinder of Claims
(1)In a proceeding, a plaintiff or applicant may join any claims he has against an opposite party whether or not they are being made by him in the same or different capacities.
(2)It is not necessary that every defendant or respondent be interested in all the relief claimed or in every claim included in a proceeding.
5.02Required Joinder of Necessary Parties
(1)A plaintiff or applicant who claims relief to which another person is jointly entitled shall join as parties to the proceeding everyone so entitled.
(2)Everyone whose presence is necessary to enable the court to adjudicate effectively and completely the matter before it, must be joined as a party.
(3)Where a person referred to in paragraph (2) does not consent to be joined as a plaintiff or applicant, he shall be made a defendant or respondent.
(4)The court may relieve against the necessity for the joinder of any person.
5.03Permissive Joinder of Parties
Multiple Plaintiffs or Applicants
(1)Persons may be joined as plaintiffs or applicants in a proceeding provided there is only one solicitor of record, and
(a) the plaintiffs or applicants claim relief (whether jointly, severally, or in the alternative) in respect of or arising out of the same transaction, occurrence or series of transactions or occurrences,
(b) a common question of law or fact may arise in the proceeding, or
(c) their presence in the proceeding may promote the convenient administration of justice.
Multiple Defendants or Respondents
(2)Persons may be joined as defendants or respondents where
(a) relief is claimed against them (whether jointly, severally, or in the alternative) arising out of the same transaction, occurrence, or series of transactions or occurrences,
(b) a common question of law or fact may arise in the proceeding,
(c) there is doubt as to the person or persons from whom the plaintiff or applicant is entitled to relief,
(d) damage or loss has been caused to the same plaintiff or applicant by more than one person, whether or not there is any factual connection between the several claims apart from the involvement of the plaintiff or applicant, and there is doubt as to the person or persons from whom he is entitled to relief or the respective amounts for which each may be liable, or
(e) their presence in the proceeding may promote the convenient administration of justice.
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5.04Misjoinder, Non-Joinder and Parties Named Incorrectly
(1)A proceeding shall not be defeated by reason of the misjoinder or non-joinder of a person and the court may decide issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the proceeding and pronounce judgment without prejudice to the rights of persons who are not parties.
(2)At any stage of a proceeding the court may grant leave to add, delete or substitute a party or to correct the name of a party and such leave shall be given, on such terms as may be just, unless prejudice will result which cannot be compensated for by costs or an adjournment.
(3)A person shall not be added as a plaintiff or applicant without his consent in writing being filed.
(4)Where a defendant or respondent is added or substituted, the plaintiff or applicant shall, unless ordered otherwise, issue and serve on the new party an amended originating process, and the proceeding is commenced against the new party when the amended originating process is issued.
5.05Relief Against Joinder
Where the joinder of multiple claims or parties in the same proceeding may unduly complicate or delay the trial or hearing, or cause undue prejudice to a party, the court may
(a) order separate trials or hearings,
(b) require one or more of the claims to be asserted, if at all, in another proceeding,
(c) order that a party be compensated for being required to attend, or be relieved from attending, any part of a trial or hearing in which he has no interest,
(d) stay the proceeding against a defendant or respondent, pending the hearing of the proceeding against another defendant or respondent, on condition that the party against whom the proceeding is stayed is bound by the findings made at the trial or hearing against the other defendant or respondent, or
(e) make such other order as is just.
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