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61.1 (1) This Part deals with the way in which the High Court or the Court of Appeal determines -

(a) (i) a case stated; or

(ii) a question of law referred to it, by a minister, magistrate, judge of a tribunal, a tribunal or other person; or

(b) an application for an order directing a minister, magistrate, judge of a tribunal, tribunal or other person to refer a question of law to the court by way of case stated, where under any enactment the High Court or the Court of Appeal has power to determine such matters.

(2) In this Part -

"case" includes a special case; and

"clerk to the tribunal" means the clerk, secretary or other person responsible for the administration of the tribunal; and

"court" means the High Court or the Court of Appeal as required by the particular enactment;

"enactment" includes the Constitution;

"tribunal" means -

(a) in relation to proceedings brought under section 14(4) of the Constitution, a court other than the High Court, the Court of Appeal or a court martial; and

(b) in relation to any other proceedings, any tribunal; constituted by or under any enactment other than a court

of law.

Application for order to state a case

61.2 (1) An application to the court for an order directing a minister, magistrate, judge of tribunal, tribunal or other person to state a case for determination by the court must -

(a) state the grounds of the application;

(b) identify the question of law upon which it is sought to have a case stated; and

(c) set out any reasons given by the minister, magistrate, judge of tribunal, tribunal or other person for his, or its refusal to state a case.

(3) The court office must fix a date for a hearing of the application and endorse on the application the date time and place of that hearing.

(4) The applicant must file at the court office a copy of the proceedings to which the application relates not less than 7 days before the date fixed for hearing of the application.

Persons on whom the application must be served

61.3 The claimant must serve the application -

(a) where the application relates to proceedings brought under section 14(4) of the Constitution on -

(i) the Attorney General;

(ii) the clerk to the tribunal; and

(iii) every other party to the proceedings to which the application relates.

(b) in any other proceedings on -

(i) the minister; or

(ii) the clerk to the tribunal; or

(iii) other person; and

(iv) every other party to the proceedings to which the application relates.

(Service on the State and on the Attorney General is dealt with in Rule 6.8 and Rule 58.3)

Time within which application must be served

61.4 The application must be served within 14 days of the date on which notice of the refusal to state a case was given to the applicant.

Signing and service of case

61.5 (1) A case stated by a tribunal must be signed by the magistrate, judge, chairman or president of the tribunal.

(2) A case stated by any other person must be signed by that person.

(3) The case must be served -

(a) if it relates to proceedings brought under section 6(3) of the Constitution, on the Attorney General and any other party on whose request or as a result of whose application the case was stated; or

(b) if it relates to other proceedings, on the party on whose request or as a result of whose application the case was stated; or

(c) if the case was stated without a request being made by any party to the proceedings, on all parties to the proceedings to which the case relates.

How to commence proceedings to determine a case.

61.6 (1) Proceedings to determine a case must be commenced by issuing a fixed date claim.

(2) The claim form may be issued by -

(a) any party on whom a case was served under rule 61.5(3); or

(b) where a minister, magistrate, judge of a tribunal, a tribunal, arbitrator or other person is entitled by any enactment to state a case or to refer a question of law by way of case stated to the court, that person or tribunal.

(3) The claim form must have the case stated annexed.

(4) The claim form, or a statement of case issued and served with it must set out the claimant's contentions on the question of law to which the case relates.

(5) Such contentions may be in the form of a skeleton argument.

(6) The court office must fix a date time and place for the determination of the case.

(6) The claim form must be served on the persons set out in rule 61.5(3).

(7) It must be served within 14 days after the service of the case stated.

Determination of case

61.7 (1) Not less than 7 days before the date fixed to determine the case, the claimant must file a copy of the proceedings to which the case relates.

(2) The court may amend the case or order it to be returned to the person or tribunal stating the case for amendment.

(3) The court may draw inferences of fact from the facts stated in the case.

(4) A minister is entitled to be heard on any case stated by him.