ORDER 55

APPLICATIONS UNDER SECTION 14(1) OF THE CONSTITUTION

Application for Redress

1. (1) An application to obtain redress in pursuance of section 14(1) of the Constitution must be made by originating motion.

(2) The application must be supported by an affidavit by the applicant showing that it is made at his instance and setting out the provision of the Constitution which he alleges has been, is being or is likely to be contravened in relation to him and his reasons for so alleging.

(3) Where the applicant is unable for any reason to make the affidavit required by paragraph (2) the affidavit may be made by some person on his behalf and that affidavit must state that the applicant is unable to make the affidavit himself and for what reason.

Service of Notice of Motion

2. (1) Notice of the motion and a copy of the supporting affidavit must be served on-

(a) the Attorney General in the manner provided by section 20(1) of the Crown Liability and Proceedings Act, 1966, for service of the first document required to be served on him in civil proceedings instituted against the Attorney General; and

(b) such other persons as the Court may direct.

(2) Unless the Court otherwise directs, there must be at least 8 clear days between the service of the notice and the date named therein for the hearing of the application.

Copies of Affidavit to be Supplied

3. Every party to the application must supply to every other party on demand and on payment of the proper charges copies of the affidavits which he proposes to use at the hearing of the application.

Entry of Motion

4. (1) Entry of a motion in proceedings to which this Order applies shall be made where a copy of the motion has been lodged in the Registry or appropriate Sub-Registry, as the case may be.

(2) The party entering the motion must leave copies of the proceedings for the use of the Judge.