APPLICATIONS AND PROCEEDINGS IN CHAMBERS

1. GENERAL

1. Except as provided by Order 25, rule 7, every application in Chambers not made ex parte must be made by summons.

2. (1) Issue of a summons by which an application in Chambers is to be made takes place on its being sealed by an officer of the appropriate office.

(2) A summons may not be amended after issue without leave of the Court.

(3) In this rule "the appropriate office" means-

3. A summons asking only for the extension or abridgment of any period of time may be served on the day before the day specified in the summons for the hearing thereof but, except as aforesaid and unless the Court otherwise orders or any of these Rules otherwise provides, a summons must be served on every other party not less than two clear days before the day so specified.

4. (1) The hearing of a summons may be adjourned from time to time, either generally or to a particular date, as may be appropriate.

(2) Subject to Order 3 rule 6B, if the hearing is adjourned generally, the party by whom the summons was taken out may restore it to the list on two clear days’ notice to all the other parties on whom the summons was served. (Amended by Legal Notice 33 of 1993, The Supreme Court of Judicature (Amendment) Rules 1993)

5. (1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.

(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.

(3) Where the Court hearing a summons has proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.

(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.

Order made ex-parte may be set aside

6. The Court may set aside an order made ex-parte

7. A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers may be issued out of the Registry or a Sub-Registry, as the case may be, if the party who desires the attendance of the witness produces a note from the Judge authorising the issue of the writ.

8. The following officers, namely, Masters, (Inserted by Legal Notice 199 of 1980, The Supreme Court (Amendment)(No 2) Rules 1980.), the Registrar, the Deputy Registrar, Assistant Registrars and any officer in the Registry or Sub-Registries of a grade not lower than that of Clerical Officer IV shall have the authority to administer oaths and affidavits for the purpose of proceedings in the Supreme Court.

9. (1) The Judge in Chambers may direct that any summons or application shall be heard in court or shall be adjourned into court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.

(2) Any matter heard in Court by virtue of a direction under paragraph (1) may be adjourned from Court into Chambers.

10. (1) Subject to the provisions of paragraph (2), if the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in Chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his opinion.

(2) Whenever possible the Court shall obtain the assistance of a person agreed upon by the parties.

11. Any party-

must serve a copy of the affidavit and give notice to every other party of the filing or, as the case may be, of his intention to do so.

12. The hearing of any summons or other application in Chambers may be adjourned from Chambers into Court and subsequently from Court into Chambers.

13. The Judge may be any judgment or order made in Court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in Chambers.

14. Where in any proceedings any matter is adjourned from Court into Chambers, or any directions are given in Court to be acted upon in Chambers, without an order being drawn up, the plaintiff in the proceedings must procure from the Clerk of the Court a note signed by him stating for what purpose that matter was adjourned into Chambers, or, as the case may be, the directions given and leave it in the Judge’s Chambers.

15. The original of any document which is to be used in evidence in proceedings in Chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall not be made unless the Court directs that copies of that document or part be supplied for the use of the Court or be given to the other parties to the proceedings.