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Browse Acts ↓(1) Where a respondent has failed to enter appearance or file a defence, the claimant may apply to the Court for directions that the matter proceeds to formal proof as an undefended suit. (2) Where a respondent has filed a counterclaim and no response has been made by the claimant within the stipula…
(1) Each pleading shall contain page numbers and shall be divided into paragraphs numbered consecutively with each allegation being so far as appropriate contained in a separate paragraph. (2) Any dates, sums or other numbers contained in pleadings shall be expressed in figures and not words save fo…
A party may, by notice, object to a pleading and in that notice, state the grounds of objection except that no objection may be raised to any pleading on the ground of any want of form.
A party may amend pleadings before service or before the close of pleadings: Provided that after the close of pleadings, the party may only amend pleadings with the leave of the Court on oral or formal application, and, the other party shall have a corresponding, right to amend its pleadings.
(1) A party, shall notify the Court when submitting a statement, of claim, or a response to a statement of claim of any witnesses it proposes to call in support of its submissions, file witness statements, file list and copies of documents to be relied upon, and shall, at the same time, notify the o…
A party who intends to call, an expert witness shall notice to that effect, together with a summary of the evidence, report opinion, of the expert-witness, as part of the witness statement or list and copies of documents to be relied upon and as prescribed under this rule.
Any party who requires a witness to attend any proceedings to give evidence on his behalf may upon-order by the Court have summons issued by the Registrar for that purpose.
Where a party intends to rely on a document that has not been filed as at the time of filing pleadings, the party shall make sufficient copies of each document for the Court file and serve the other party with a copy at least fourteen days before the case is set down for hearing or such shorter peri…
(1) Parties may file a memorandum of agreed issues and facts upon which the Court may proceed to consider submissions and agreed issues, render ruling or judgment. (2) For purposes of subrule (1), the parties to the memorandum of agreed issues may file a list and copies of documents to be relied upo…
(1) The parties to a suit shall, within fourteen days after the close of pleadings or such other period as the Court may, on application, direct, move the Court to hold a pre-trial conference to ascertain— (a) points of agreement and disagreement; (b) the possibility of alternative dispute resolutio…
Where parties to a suit fail to agree on issues for determination, the Court may frame the issues for determination.
(1) If the parties cannot reach an agreement regarding the discovery of a document or an electronic recording, either party may apply to the court for an appropriate order, including an order as to costs. (2) For the purpose of this rule, an electronic recording includes a soundtrack, film, magnetic…
(1) In any suit in which no application has been made in accordance with rule 31 or no action has been taken by either party within one year from the date of its filing, the Court may give notice in writing to the parties to show cause why the suit should not be dismissed and, if no reasonable cause…
(1) All matters brought under certificate of urgency shall be filed before noon and placed before the Court on the same day, but those filed after noon, shall be placed before the Court on the next working day, unless the Court otherwise directs. (2) The urgency must be self-evident in the certifica…
(1) An interlocutory application shall be made by notice of motion and may be heard in open court or as the Court may direct. (2) A party shall, after filing a notice of motion, notify all the parties of the motion. (3) The Court may, for good cause, hear an application ex parte and make an order up…
Any order for injunction may be discharged, varied or set aside by the Court on application by any party dissatisfied with such order.
A notice of motion shall state in general terms the grounds of the application and where the motion is supported by an affidavit, both the notice of motion and a copy of the affidavit shall be served on the other party.
A party may respond to an application by filing grounds of opposition, a replying affidavit or notice of preliminary objection.
Every interlocutory application to the Court shall be filed together with written submissions and shall, unless the Court otherwise directs, be determined by way of written submissions.
An interlocutory application together with submissions shall be served within seven days of filing or such other period as the Court may direct.
A response to the interlocutory application together with written submissions shall be filed and served within seven days or such other period as the Court may direct.
The applicant may, upon service of the response, file a rejoinder which may include supplementary submissions within seven days or such other period as the Court may direct.
Notwithstanding anything contained in this Rule, the Court shall not grant an ex parte order that reinstates into employment an employee whose services have been terminated.
A party who has reported a trade dispute for conciliation under the Labour Relations Act (Cap. 233) may file a notice of motion in a suit seeking an injunction, conservatory or restraining order or any other order to maintain the status quo pending the conclusion of the conciliation.
(1) The Court may, on its own motion where it considers it fit, or upon application by a party, serve or order service of a pleading on any person whom it is satisfied may be interested, affected or necessary for efficient and final determination of the dispute. (2) The Court may summon any person o…
(1) The Court may at any time refer a matter to alternative dispute resolution. (2) Parties in a proceeding may reach a consensus at any time before judgment is rendered and the parties shall file the consent within such period as the Court may prescribe. (3) The Court shall record and adopt the con…
(1) Parties to proceedings before the court may at any time consent to settle the whole or any part of the suit. (2) A consent under subrule (1) may be in writing, signed and dated by the parties and filed in Court. (3) Any party to the proceedings may orally apply to the Court for adoption of the c…
(1) The Court may, either on its own motion, or at the request of a party, summon for examination any person who has information relevant to any of the issues before it. (2) The Court may direct a party applying for witness summons to be responsible for service and to pay such money as is sufficient…
The Court may, either by an agreement by all parties, or on its own motion, proceed to determine a suit before it on the basis of pleadings, affidavits, documents filed and submissions made by the parties.
(1) Where a hearing nptice was served on the parties and an affidavit of service has been filed, the Court may proceed with the case before it in the absence of any party thereto if— (a) the party has indicated that it does not wish to attend the hearing; (b) the party fails to appear for the bearin…