Statement of Claim
The Statement of Claim is the most important document in the High Court litigation process. It sets the foundation for your entire case. It outlines the facts, legal arguments, and the remedy you are asking the court to grant. It is the document the respondent must answer—and the one the judge will refer to throughout the trial.
This stage is governed by Order 20 of the Rules of the Superior Courts.

What Is a Statement of Claim?

A Statement of Claim:
• Details the background to your case
• States the allegations you are making against the defendant
• Describes the harm or damage you have suffered
• Identifies any laws or rights that support your claim
• Specifies the relief you are seeking (e.g. damages, orders, costs)

It is your primary pleading—the central document that frames the dispute. Everything the court will examine at the trial will come back to the contents of your Statement of Claim.

What Happens After It’s Served?

Once served on the respondent (defendant), they are legally obliged to respond within 28 days by filing a Defence.
If they fail to do so, you are entitled to apply for Judgment in Default of Defence using a motion supported by an affidavit.

In that case, the court may:

• Grant judgment in your favour, or
• Give the respondent more time to file a defence, especially if they request it

Judges will often allow additional time in the interest of fairness, but will usually award the cost of the motion to the plaintiff. Always include your claim for costs in the motion—this is your right.
What Should Be in the Statement of Claim?
Ask yourself these questions as you draft:

• What is the core of your complaint?
• What damages or losses did you suffer?
• What do you want the court to do (e.g. award compensation, declare a breach, grant an injunction)?
• What facts support your claim?
• What laws or legal principles back it up?

Use plain, precise, and structured language. Avoid emotion or repetition. Be clear, factual, and focused.
Why Is It So Important?

• It defines the issues in dispute.
• It sets the scope of the defence.
• It is your written case before the judge—whether the trial is with or without a jury.
• The trial will be argued based on what you include in this document.

Alongside your Grounding Affidavit, the Statement of Claim is the central weapon in your legal battle.