[O. 88, rr. 1-3

ORDER 88

APPLICATIONS TO HIGH COURT UNDER ENACTMENTS

1. (1) Where by virtue of any enactment the High Court has jurisdiction, on the application of any person, to quash any order, scheme certificate or plan, any amendment or approval of a plan, any decision of a Minister or government department or any action on the part of a Minister or government department, the jurisdiction shall be exercisable by a judge of the Court.

(2) The application must be made by originating motion and, without prejudice to Order 8, rule 3(2), the notice of such motion must state the grounds of the application.

2. (1) Notice of a motion under rule 1 must be entered at the Registry, and served, within the time limited by the relevant enactment for making the application made by the motion.

3. (1) Without prejudice to the powers of the Court under Order 38, rule 2(3), evidence at the hearing of a motion under rule 1 shall be by affidavit.

(2) Any affidavit in support of the application made by such motion must be filed by the applicant in the Registry within 14 days after service of the notice of motion and the applicant must, at the time of filing, serve a copy of the affidavit and of any exhibit thereto on the Attorney General.

(3) Any affidavit in opposition to the application must be filed by the Attorney General in the Registry within 21 days after the service on him under paragraph (2) of the applicant’s affidavit and the Attorney General must, at the time of filing, service a copy of his affidavit and of any exhibit thereto on the applicant.

(4) When filing an affidavit under this rule a party must leave a copy thereof and of any exhibit thereto at the Registry for the use of the Court.

(5) Unless the Court otherwise orders, a motion under rule 1 shall not be heard earlier than 14 days after the time for filing an affidavit by the Attorney General has expired.