Points of law may be raised by pleadings.
2.
(1) A party shall be entitled to raise by his pleading any point of law, and any point so raised
shall be disposed of by the judge who tries the cause at or after the trial.
(2)
A point of law so raised may, by consent of the parties, or by order of the Court or a Judge in
Chambers on the application of either party, be set down for hearing and disposed of at any time
before the trial.
Dismissal of action.
3.
If, in the opinion of the Court or a judge in Chambers the decision on the point of law substantially
disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counter
claim, or reply therein, the Court or Judge in Chambers may thereupon dismiss the action or make
such other order therein as may be just.
Striking out pleadings where no reasonable cause of action is disclosed.
4.
The Court or a Judge in Chambers may order any pleading to be struck out on the ground that it
discloses no reasonable cause of action or defence being shown by the pleadings to be frivolous
or vexatious, the court or a judge in chambers may order the action to be stayed or dismissed,
or Judgment to be entered accordingly, as may be just.
Declaratory Judgment.
5.
No action or proceedings 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 17
AMENDMENT
Amendment of originating process and pleadings.
1.
A party may amend his originating process and pleadings at any time before judgment but not more
than three times.
Application.
2.
Application to amend may be made to a Judge. Such application shall be supported by an
affidavit exhibiting the proposed amendment and may be allowed upon such terms as to costs or
otherwise as may be just.
Amendment of originating process: additional witnesses.
3.
Where any originating process and or a pleading is to be amended, a list of any additional
witness to be called together with his written statement on oath and a copy of any document to
be relied upon consequent on such amendment shall be filed with the application.