Parties, Joinder, Causes of Action and Pleadings
This domain tests who may sue and be sued, when several claims or litigants may travel in one action, and how the issues are framed in pleadings. The examiner is looking for capacity, joinder principles, and the difference between material facts and evidence.
Parties and capacity
- Order 3 of C.I. 47 governs parties. A minor or person under disability sues or defends through a guardian or next friend; a deceased person's estate is represented by executors or administrators; partners may sue and be sued in the firm name; unincorporated associations are reached through representative proceedings; a company is a separate legal person and its officers are not parties merely by description.
- The Attorney-General is the appropriate defendant in actions against the State, though the Republic may sue in its own name.
Joinder
- Plaintiffs may join where they claim a common right or relief arising out of the same transaction or series of transactions; defendants may be joined where the claim against each raises a common question of law or fact. Misjoinder and non-joinder are not automatically fatal - the court may add, substitute or strike out parties, order separate trials, or grant amendment - but failure to join a party whose presence is necessary may result in dismissal.
- Representative actions require numerous persons with the same interest, and notice to those represented.
Pleadings
A statement of claim must state material facts, not the evidence by which they will be proved. Fraud, misrepresentation, illegality and special damages must be pleaded with particulars. The defence must admit, deny or traverse specifically; a bare denial of a positive allegation can be treated as an admission. Reply follows only where necessary. Amendments are freely allowed before trial to determine the real questions, and pleadings may be struck out where they disclose no reasonable cause of action, are scandalous or are an abuse of process.
Worked example
Three traders injured by the same defective machine sue one manufacturer in a single action. The manufacturer objects to misjoinder. Reasoning: the claims arise from the same transaction/series of transactions and raise common questions of fact and law, so joinder is proper; if the individual issues diverge, the court may order separate trials rather than dismiss. Each trader must still plead and prove his own loss.
Traps that cost marks
Pleading evidence instead of material facts; failing to plead special damages and particulars of fraud; suing the wrong entity (an officer rather than the company); assuming non-joinder voids the action; and leaving amendment until trial when the point is obvious earlier.