4. The Court or a Judge may order any pleading to be struck out on the ground that it discloses no reasonable
cause of action or answer, and in any such case or in case of the action or defence being shown by the pleadings
to be frivolous or vexatious, the Court or a Judge may order the action to be stayed or dismissed, or judgment to
be entered accordingly, as may be just.
5. No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order
is sought thereby and the Court may make binding declarations of right whether any consequential relief is or
could be claimed or not.
Order 25
Pleadings
1. Unless the Court gives leave to the contrary, or a statement of statement of claim is endorsed on the writ, the
plaintiff shall serve a claim on the defendant, or, if there are two or more defendants, on each defendant and shall
do so either when the writ, or notice of the writ, is served on the defendant or at any time after service of the writ
or notice but before the expiration of 30 days after the defendant enters an appearance:
Provided that in land cases, the plaintiff shall serve his statement of claim on the defendant not later than 60 days
after the defendant enters an appearance, unless the Court gives leave to the contrary.
2. (1) Subject to paragraph (2) of this rule, a defendant who enters an appearance in, and intends to defend, an
action shall, unless the Court gives leave to the contrary, serve a defence on the plaintiff before the expiration of
30 days after the statement of claim is served on him:
Provided that in land cases, unless the Court gives leave to the contrary, a defendant shall serve his defence on
the plaintiff not later than 60 days after the statement of claim is served on him.
(2) If a summons under Order 23 rule 1 of these Rules is served on a defendant, paragraph (1) or rule 2 thereof
shall not have effect in relation to him unless by the order of Court made on a motion on notice he is given leave
to defend the action and in that case, shall have effect as if it required him to serve his defence within 30 days
after the making of the order or within such other period as may be specified in the order.
3. (1) A plaintiff on whom a defendant serves a defence shall for the purpose of complying with rule 6 of this
Order, serve a reply on that defendant and where no reply is served, rule 10 of this Order shall apply.
(2) A plaintiff on whom a defendant serves a counter-claim shall, if he intends to defend it, serve on that
defendant a defence to counter- claim.
(3) Where a plaintiff serves both reply and defence to counter-claim on any defendant, he shall include them in
the same document.
(4) A reply to any defence shall be served by the plaintiff before the ex ration o 30 days after the service on him
of the defence and a defence to a counter-claim shall be served by the plaintiff before the expiration of 30 days
after the service on him of the counter-claim to which it relates.
4. (1) Every pleading shall contain, a statement in a summary form of the material facts on which the party
leading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved
and shall, when necessary, be divided into paragraphs, numbered consecutively.
(2) Dates, sums and numbers shall be expressed in figures but may also be expressed in words.
(3) Pleadings shall be signed by a legal practitioner or by the party if he sues or defends in person.
(4) The facts shall be alleged positively, precisely and distinctly and as briefly as is consistent with a clear
statement.
5. (1) In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful
default or undue influence and in all other cases in which particulars may be necessary, particulars (with dates
and items if necessary) shall be stated in the pleadings.
(2) In an action for libel or slander, if the plaintiff alleges that the words or matter complained of were used in a