The court can strike out a claim if a party fails to comply with court directives under Order 34 of the Civil Procedure Rules.

Akhtar Tahir J:

Introduction

[1] In this case the Court struck out the Plaintiff's claim for failure to comply with the Court's directive for case management given pursuant to O 34 of the Rules of 2012.

[2]Order 34 (1) states as follows:

(1) Notwithstanding anything in these Rules, the Court may, at any time after the commencement of proceedings, of its own motion, direct any party or parties to the proceedings to appear before the Court, in order that the Court may make such order or give such direction as it thinks fit so that:

(a) all matters which must or can be dealt with on interlocutory applications and have not already been dealt with may so far as possible be dealt with; and

(b) such directions may be given as to the future course of the action as appear best adapted to secure the just, expeditious and economical disposal thereof.

Brief Facts

[3] On 9th of July 2022 the Court gave the following directives in pursuant of the above provision:

i) The case was fixed for a full trial on 1st to 3rd of November 2022 and a date of final case management on 1 September 2022.

ii) By 1st of September 2022 the parties were directed to file all pre-trial documents which included the Bundle of Pleadings, The statement of agreed facts, the issues to be tried and a common Bundle of Documents.

iii) An unless order was given whereby the parties were notified that the failure of the parties in complying with the Court order can lead to striking out of the claim.

[4] When the case was called up on the 1st of September 2022 for a final case management the Court noted that the parties had failed to file the Bundle of Documents as directed by the Court. No reasonable explanation was given for the failure to file the Bundle of Document which was a prime responsibility of the Plaintiff.

Conclusion

3) Where any party fails to comply with any order made or direction given by the Court under paragraph (1), the Court may dismiss the action, strike out the defence or counterclaim or make such other order as it thinks fit.

[6] However the Plaintiff was given a liberty to file afresh.