Supreme Court Rules

Order 1: General Definitions

General Definitions

  1. Short title
  2. Interpretation
      

 

Order 2: Administration and General Procedures

Administration and General Procedures

  1. Service generally
  2. Duty of legal practitioner where he no longer acts for parties
  3. Personal service where necessary
  4. Service of notice of appeal
  5. Filing of address for service
  6. Service on Government, Minister or the Attorney-General
  7. Service out of the jurisdiction
  8. Title of proceedings
  9. Preliminary Objections
  10. Declaration by party not appearing
  11. Non Appearance of appellant of respondent
  12. Procedure for receiving further evidence on appeal
  13. Fees generally
  14. Fees in proceedings by poor persons
  15. Registry
  16. Hours of opening to public
  17. Sessions
  18. Notification of sittings
  19. Adjournment
  20. Chief Registrars: custody of records
  21. Other Registrars
  22. Seal of the Court
  23. Powers of Chief Registrar
  24. Books to be kept by Registrar
  25. Files of documents
  26. Setting aside or varying order of Registrar
  27. Forms
  28. Applications to Court: Procedure to follow
  29. Application to strike out, etc.
  30. When appeal is deemed
  31. Enlargement of time and departure from Rules
  32. Appeal from concurrent findings of fact by two courts
  33. Leave of audience in certain cases
  34. Application of Order 2
  35. Rules of Court Advisory Committee
      

 

Order 3: Proceedings in the Original Jurisdiction of the Court

Proceedings in the Original Jurisdiction of the Court

  1. Procedure not provided for
  2. Commencement of proceedings
  3. Where statement of claim must be filed
  4. Issue of summons
  5. Form of summons
  6. Originating summons
  7. Statement of claim in lieu of originating summons
  8. Originating motion
  9. Mode of entry appearance
  10. Notice of entry to plaintiff
  11. Address for service
  12. Statement of defence
  13. Reply to defence
  14. Procedure in interlocutory applications
  15. Motion to be on notice
  16. Length of notice
  17. Motions may be dismissed or adjourned where necessary notice not given
  18. Effect of declaratory judgments
  19. Originating summons not sole means of obtaining declaratory judgment
  20. Summons for directions
      

 

Order 4: Case Stated

Case Stated

  1. Stating questions of law
  2. Content of case stated
  3. Reference to documents
  4. Inference from facts and documents
  5. Argument confined to facts and documents
  6. Signing and filing of case stated
  7. Written agreement of parties
  8. Oral agreement before Court
  9. Procedure in absence of agreement
      

 

Order 5: Reference As To Constitution And Reserved Points Of Law

Reference As To Constitution And Reserved Points Of Law

  1. Stating a case
  2. Documents to accompany case stated
  3. Form of case stated
  4. Right of audience
  5. Brief of argument
  6. Dispute on facts determined by the Court of Appeal
  7. Address on case stated
      

 

Order 6: Filing of Briefs in Civil and Criminal Proceedings

Filing of Briefs in Civil and Criminal Proceedings

  1. Application of order
  2. Application for leave to appeal: Contents of
  3. Power of the Court to hear applications in chambers
  4. Preparation of record of appeal
  5. Preparation and filing of Briefs of argument Practice Direction
  6. Separate briefs and cross-appeals
  7. List of law reports, text books, etc. to be forwarded to the Registrar
  8. Oral argument
  9. Failure to file brief within time
  10. Power of court to accelerate hearing in exceptional circumstance
      

 

Order 7: Record of Appeal in Civil and Criminal Proceedings

Record of Appeal in Civil and Criminal Proceedings

  1. Appeal to which this Order applies
  2. Preparation of the Record
  3. Fees for preparing the record and security for costs
  4. Transmission of the record
  5. Departure from rules
  6. Record in certain appeals
  7. Appellant to prepare record in certain appeals
  8. Distribution of record
      

 

Order 8: Civil Appeals

Civil Appeals

  1. Application
  2. Notice and grounds of appeal
  3. Deleted
  4. Deleted
  5. Directions of the Court as to service of notice of appeal
  6. Withdrawal of appeal
  7. Appeal by respondent after appellant’s appeal is withdrawn
  8. Non-compliance with conditions of appeal
  9. Death of Party to an appeal
  10. Exhibits
  11. Control of proceedings during pendency of appeal
  12. General Powers of the Court
  13. Powers of the Courts as to new trial
  14. Judgment
  15. Order
  16. Review of judgment
  17. Enforcement of judgment
  18. Execution of judgment by court below
  19. Costs Practice Direction
  20. Liability to Costs in proceedings by poor persons
      

 

Order 9: Criminal Appeals

Criminal Appeals

  1. Appeals to which this Order applies
  2. Applications by parties
  3. Appellant to file Notice of Appeal
  4. Bail
  5. Fines
  6. Varying order for restitution of property
  7. Non-suspension of order of restitution
  8. Restrictions on issue of appeal and effect of
  9. Withdrawal of notice of appeal and effect of
  10. (1) Attendance of witnesses                         

        (2)   Application to Court to hear witnesses  

        (3)   Order appointing examiner

        (4)   Furnishing examiner with exhibits

        (5)   Notification of date of examination

        (6)   Evidence to be taken on oath

        (7)   Deposition of witness how to take

        (8)   Expenses of witness before examiner

        (9)   Presence of parties at examination of witness

  1. Proceedings on reference
  2. (1) Notification of final determination of appeals

        (2) Notification of appeals in capital cases

  1. Notification of result of appeal
  2. Return of original depositions, etc.
  3. Enforcement of Orders

 

      

 

Order 10: Miscellaneous

Miscellaneous

  1. Waiver of compliance with Rules
  2. Practice Direction

 

      

 

Form 1: CIVIL SUMMONS (Order 3, rule 5)

CIVIL SUMMONS (Order 3, rule 5)

      

 

Form 2: ORIGINATING SUMMONS FOR A DECLARATORY JUDGEMENT

ORIGINATING SUMMONS FOR A DECLARATORY JUDGEMENT

      

 

Form 3: MEMORANDUM OF ENTRY OF APPEARANCE (Order 3, rule 9)

MEMORANDUM OF ENTRY OF APPEARANCE (Order 3, rule 9)

      

 

Form 4: NOTICE OF APPEARANCE (order 3, rule 10)

NOTICE OF APPEARANCE (order 3, rule 10)

      

 

Form 5: NOTICE OF MOTION (order 3, rule 14)

NOTICE OF MOTION (order 3, rule 14)

      

 

Form 6: SUMMONS FOR DIRECTIONS (Order 3, rule 20

SUMMONS FOR DIRECTIONS (Order 3, rule 20

      

 

Form 7: ORDER ON SUMMONS FOR DIRECTION (order 3, rule 20)

ORDER ON SUMMONS FOR DIRECTION (order 3, rule 20)

      

 

Form 8: CASE STATED (Order 4, rule 1)

CASE STATED (Order 4, rule 1)

      

 

Form 9: REFERENCE AS TO CONSTITUTION DISPUTED FACTS (order 5, rule 1)

REFERENCE AS TO CONSTITUTION DISPUTED FACTS (order 5, rule 1)

      

 

Form 10: REFERENCE AS TO CONSTITUTION FACTS NOT DISPUTED (Order 5, rule 1)

REFERENCE AS TO CONSTITUTION FACTS NOT DISPUTED (Order 5, rule 1)

      

 

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