Order 51, rule 3 of Civil Procedure Rules : Notice to parties
No motion shall be made without notice to the parties affected thereby:
Provided, however, that the court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as to the court seems just, and any party affected by such order may move to set it aside.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Order 51, rule 4 - Contents of notice
Every notice of motion shall state in general terms the grounds of the application, and where any motion is grounded on evidence by affidavit, a copy of any affidavit intended to be used shall be...
- Order 51, rule 5 - Dismissal or adjournments for want of notice
If upon the hearing of any application, the court is of opinion that sufficient notice has not been given or that any person to whom notice has not been given ought to have had such notice, the court...
- Order 51, rule 6 - Adjournment of hearing
The hearing of any application may from time to time be adjourned upon such terms as the court thinks fit.
- Order 51, rule 7 - Service of notice on defendant served with summons to enter appearance but not appearing
A plaintiff may, without special leave, cause to be served any application or notice of any petition or summons upon any defendant who, having been duly served with a summons to enter an appearance,...
- Order 51, rule 8 - Transfer from court to chambers
Notwithstanding anything contained in these Rules, the court may in any case direct that any business be disposed of in chambers which it thinks may be more conveniently disposed of in chambers than...
- Order 51, rule 9 - Transfer from chambers to court
Any judge may adjourn into court any application made to him at chambers which he deems more convenient to be considered in court.
- Order 51, rule 10 - Provision under which application is made to be stated
(1) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection shall be made and no application shall be refused...
- Order 51, rule 11 - Costs and other relief
(1) It shall not be necessary in an originating summons, application or other process to ask for costs, or for general or other relief, which may be granted by the court as it thinks just....
- Order 51, rule 12 - When application are deemed to be made
All applications or other process shall be deemed to have been made when filed in court.
- Order 51, rule 13 - Signature on application and service
(1) An application taken out in any proceedings need only be signed by the advocate representing the applicant, or the applicant himself if acting in person, and need not be signed by or on behalf of...
- Order 51, rule 14 - Grounds of opposition to application in High Court
(1) Any respondent who wishes to oppose any application may file t any one or a combination of the following documents —
(a) a notice preliminary objection: and/or;
(b) replying affidavit; and/or...
- Order 51, rule 15 - Setting aside ex parte order
The court may set aside an order made ex parte.
- Order 51, rule 16 - Court may limit time for submissions
The court may, in its discretion, limit the time for oral submissions by the parties or their advocates or allow written submissions.
- Order 52, rule 1 - Interpretation
In this Order—
“the Act” means the Advocates Act (Cap. 16);
“the Disciplinary Committee” means the Disciplinary Committee established under section 57 of the Advocates Act;
Cap. 18.
“the...
- Order 52, rule 2 - Appeals to the Chief Justice
(1) A petition of appeal to the Chief Justice under section 26(2) of the Act shall have annexed to it a copy of the decision of the registrar appealed from.
(2) Every petition of appeal shall be...
- Order 52, rule 3 - Applications with respect to remuneration
(1) Any application under section 45 of the Act shall be intituled in the matter of the Act and shall be supported by affidavit.
(2) An application under section 45(2) of the Act shall be served on...
- Order 52, rule 4 - Power to order advocate to deliver accounts and documents
(1) Where the relationship of advocate and client exists or has existed the court may, on the application of the client or his legal personal representative, make an order for—
(a) the delivery by...
- Order 52, rule 5 - Application for taxation by third parties
(1) An application under section 50(1) of the Act shall be by originating summons supported by affidavit.
(2) The summons shall be served on the advocate and on the party chargeable with the bill....
- Order 52, rule 6 - Application for charging order
(1) An application for a charging order under section 52 of the Act shall be made in the suit or matter by summons in chambers supported by affidavit.
(2) The application shall be served on the...
- Order 52, rule 7 - Application for order for enforcement of an undertaking
(1) An application for an order for the enforcement of an undertaking given by an advocate shall be made—
(a) if the undertaking was given in a suit in the High Court, by summons in chambers in that...
- Order 52, rule 8 - Title and service of appeal
(1) A memorandum of appeal under section 62(1) or section 73(1) of the Act shall be intituled “in the matter of the Act”, and “in the matter of an advocate”, or, as the case may be, an advocate’s...
- Order 52, rule 9 - Discontinuance of appeal
(1) An appellant under section 62(1) or section 73(1) of the Act may at any time discontinue his appeal by filing a notice of discontinuance and serving it on every party to the appeal and on the...
- Order 52, rule 10 - Procedure
(1) An originating summons under this Order shall be made returnable for a fixed date before a judge in chambers and, unless otherwise directed, shall be served on all parties at least seven clear...
- Order 53, rule 1 - Applications for mandamus, prohibition and certiorari to be made only with leave
(1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule.
(2) An application for such leave as...
- Order 53, rule 2 - Time for applying for certiorari in certain cases
Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of its being quashed, unless the application for...
- Order 53, rule 3 - Application to be by notice of motion
(1) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court, and there...
- Order 53, rule 4 - Statements and affidavits
(1) Copies of the statement accompanying the application for leave shall be served with the notice of motion, and copies of any affidavits accompanying the application for leave shall be supplied on...
- Order 53, rule 5 - Applicant to have right to begin
On the hearing of any such motion as aforesaid, the applicant shall have the right to begin.
- Order 53, rule 6 - Right to be heard in opposition
On the hearing of any such motion as aforesaid, any person who desires to be heard in opposition to the motion and appears to the High Court to be a proper person to be heard shall be heard,...
- Order 53, rule 7 - Provisions as to orders of certiorari for the purpose of quashing proceedings
(1) In the case of an application for an order of certiorari to remove any proceedings for the purpose of their being quashed, the applicant shall not question the validity of any order, warrant,...
- Order 54, rule 1 - Revocation of Civil Procedure Rules. Sub. leg.
The Civil Procedure Rules are revoked.
- Order 54, rule 2 - Transitional provisions
In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of these rules, the provisions of these rules shall...