ORDER 03 - PARTICULARS OF CLAIM

ADAMAWA

ORDER 3 - PARTICULARS OF CLAIM

1. The Court may, on the application of the defendant or on its own motion, order further or better particulars to be supplied by the plaintiff.

2.  Subject to any amendment granted by the Court, the plaintiff shall not, at the hearing, obtain a judgment for any sum exceeding that stated in the particulars, except for subsequent interest and the costs of suit, notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars.

3. -(1) Where a party seeks (in addition to or without any order for the payment of money) to obtain as against any person any general or special declaration of his rights under any contract or instrument, or to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have an account taken between himself and any other party, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff or defendant may, in the writ of summons or in any plead-ing, refer to and briefly describe any documents on the contents of which he intends to rely, and annex copies of the documents to the writ or pleading, or may state any reason for not annexing copies which he may have to allege.

(2) Such party shall allow the opposite party to inspect any such documents as are in his possession or power.

4. Particulars of claim shall not be amended except by leave of the Court, and the Court may, on any application for leave to amend, grant the application on its appearing that the defendant will not be prejudiced by the amendment; otherwise the Court may refuse leave to grant the application. Leave to amend shall be granted, where appropriate, on such terms as to notice, postponement of trial, or costs, as justice requires.

5.Any variance between the items contained in the parti-culars, and the items proved at the hearing, may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice requires.

 

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