APPEALS, ETC., TO HIGH COURT BY CASE STATED - GENERAL

1. In this Order references to-

2. (1) Where under any enactment jurisdiction is conferred on the High Court to hear and determine-

the following rules of this Order shall apply to proceedings for the determination of such a case, question or application and, in relation to any such proceedings other than proceedings brought under section 6(3) of the Constitution, shall have effect subject to any provision made in relation to those proceedings by any other provision of these Rules or by or under any enactment.

(2) In this rule and the following rules "case" includes a special case.

3. (1) An application to the Court for an order directing a Minister, tribunal or other person to state a case for determination by the Court or to refer a question of law to the Court by way of case stated must be made by originating motion; and the persons to be served with notice thereof are:-

(2) Service on the Attorney General of the notice of the originating motion shall be effected 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.

(3) The notice of such motion must state the grounds of the application, the question of law on which it is sought to have the case stated and any reasons given by the Minister, magistrate or judge of the tribunal, the tribunal or other person for his or its refusal to state a case.

(4) The motion must be entered for hearing and the notice thereof served within 14 days after receipt by the applicant of notice of the refusal of his request to state a case.

(5) Entry of the motion shall be made when a copy of the motion has been lodged in the Registry or appropriate Sub-Registry, as the case may be.

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

4. (1) A case stated by a tribunal must be signed by the magistrate, judge, chairman or president of the tribunal, as the case may be, and a case stated by any other person must be signed by him or by a person authorised in that behalf to do so.

(2) The case must be served-

(3) If a Minister, magistrate or judge of a tribunal, a tribunal, arbitrator or other person is entitled by virtue of any enactment to state a case, or to refer a question of law by way of case stated, for determination by the High Court without request being made by any party to the proceedings before that person, the case must be served on such party to those proceedings as the Minister, magistrate or judge of the tribunal, the tribunal, arbitrator or other person, as the case may be, thinks appropriate.

(4) When a case is served on any party under paragraph (2) or (3) notice must be given-

(5) Service of the case and notice thereof on the Attorney General shall be effected in the manner provided by rule 3(2).

5. (1) Proceedings for the determination by the High Court of a case stated, or a question of law referred by way of case stated, by a Minister, tribunal, arbitrator or other person must be begun by originating motion by the person on whom the case was served in accordance with rule 4(2) or 4(3).

(2) The persons to be served with the notice of such motion are:-

and a copy of the case stated must be served with the notice.

(3) Service of the notice on the Attorney General shall be effected in the manner provided by rule 3(2).

(4) The notice of such motion must set out the applicant’s contentions on the question of law to which the case stated relates.

(5) The motion must be entered for hearing, and the notice thereof served, within 14 days after the case stated was served on the applicant.

(6) If the applicant fails to enter the motion within the period specified in paragraph (5), then, after obtaining a copy of the case from the Minister, magistrate or judge of the tribunal, arbitrator or other person by whom the case was stated, any other party to the proceedings in which the question of law to which the case relates arose may, within 14 days after the expiration of the period so specified, begin proceedings for the determination of the case, and paragraphs (1) to (5) shall have effect accordingly with the necessary modifications.

The references in this paragraph to the period specified in paragraph (5) shall be construed as including references to that period as extended by any order of the Court.

(7) Entry of the motion shall be made when a copy of the motion and a copy of the case stated have been lodged in the Registry or appropriate Sub-Registry, as the case may be.

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

(9) Unless the Court otherwise directs, the motion shall not be heard sooner than 7 days after service of notice of the motion.

6. The Court hearing a case stated by a Minister, magistrate or judge of a tribunal, a tribunal, arbitrator or other person may amend the case or order it to be returned to that person or that tribunal for amendment, and may draw inferences of fact from the facts stated in the case.