You are an advocate instructed to represent a plaintiff company in a civil suit already instituted against another limited company. Upon reviewing the plaint, you discover that your client (the plaintiff) has not disclosed its own registered office address. What is the legal effect of this omission, and how should you proceed?

You are an advocate instructed to represent a plaintiff company in a civil suit already instituted against another limited company. Upon reviewing the plaint, you discover that your client (the plaintiff) has not disclosed its own registered office address. What is the legal effect of this omission, and how should you proceed?

Answer: As an advocate, it is your duty to ensure that pleadings comply with the procedural requirements under the Civil Procedure Code, Cap. 33 R.E. 2023. Under Order VII Rule 1(b) and (c), every plaint must disclose the name, description, and place of residence or business of the parties, including the plaintiff. Where the plaintiff is a body corporate, this includes stating its registered office address, as recognized under the Companies Act. Failure to disclose this crucial information renders the plaint procedurally defective and may complicate court processes, especially in relation to identification of parties, jurisdiction, and case management.

However, such omission does not automatically render the plaint void. You should promptly file a Chamber Summons supported by an Affidavit under Order VI Rule 17 seeking leave of the court to amend the plaint so as to include the correct registered office address of your client. If the omission substantially affects the competence of the plaint, the court may opt to return it under Order VII Rule 10 for correction and proper re-filing. In rare cases, if the omission is so material that it affects the very foundation of the cause of action, the court could even reject the plaint under Order VII Rule 11(a) for failure to disclose a proper cause of action, although this is less likely where the defect is curable.

In parallel, you must also ensure that proper service is affected on the defendant company in accordance with Order XXVIII Rule 2, which governs service of summons on corporations. Therefore, addressing the omission quickly through amendment will not only cure the defect but also protect the suit from unnecessary delays or dismissal.

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