ORDER 25
PROCEEDINGS AT TRIAL
Failure
to attend trial
1. (1) Where
an action is called for trial and the
parties fail to attend, the trial magistrate
may strike the action off the trial list.
(2)
Where an action is called for trial and a
party fails to attend, the trial magistrate
may
(a)
where the plaintiff attends and the
defendant fails to attend, dismiss the
counterclaim, if any, and allow the
plaintiff to prove the claim;
(b)
where the defendant attends and the
plaintiff fails to attend, dismiss the
action and allow the defendant to prove the
counterclaim, if any; or
(c)
make any
other order that is just.
Judgment
given in absence of party may be set aside
2.
(1) A magistrate, on an application by the
affected party, may set aside or vary, on
terms that are just, a judgment obtained
against a party who fails to attend the
trial.
(2) An
application under this rule shall be made
within fourteen days after the trial.
Adjournment
of trial
3. The Court
may, if it considers it necessary in the
interest of justice, adjourn a trial for a
time and on terms the Court considers
appropriate.
Order of
giving evidence
4.
(1) The case of the plaintiff shall be
opened by the plaintiff giving evidence on
the plaintiff's own behalf or in the case of
a representative action, on behalf of the
person the plaintiff represents.
(2) The
defendant may cross-examine the plaintiff if
the defendant chooses to do so.
(3) The
plaintiff shall after giving evidence call
the plaintiff's witnesses if any who shall
give evidence in accordance with Order 26
and who may be cross-examined and
re-examined.
(4) When the
plaintiff finishes calling witnesses the
Court shall enquire from the plaintiff
whether that was the end of the plaintiff's
case and on an affirmative answer record
this fact in the Record Book as the close of
the plaintiff's case at that stage.
(5) Where the defendant elects to adduce
evidence, the defendant may after the close
of the plaintiff's case, open the case of
the defendant and give evidence on the
defendant's own behalf or on behalf of the
parties the defendant represents, if any.
(6) The plaintiff may cross-examine the
defendant if the plaintiff elects to do so.
(7) The defendant may also call witnesses
who may give evidence and be cross-examined
and re-examined.
(8) When the defendant finishes calling
witnesses the court shall enquire from
defendant whether that was the end of the
defendant's case and on an affirmative
answer record this fact in the Record Book
as the close of the defendant's case at that
stage.
(9) Where the parties are not represented by
lawyers the court may adjourn the case to a
date for judgment.
(10) Where the parties are represented by
lawyers the lawyer may address the Court
before the judgment is given.
Where
written pleadings not filed, or parties are
illiterate
5.
Where
written pleadings have not been fl1ed, or
the parties or any of them is incapable
of understanding the effect of the written
pleadings with sufficient accuracy,
(a)
the preceding rules on the order of
proceedings at the hearing shall be varied
by the Court as far as is necessary; and
(b)
the defendant's statement in defence, if the
defendant does not admit the whole cause of
action, shall be heard
(i)
immediately after the conclusion of the
plaintiff's statement of claim and the
grounds for the claim, and (ii) before any
witnesses are examined unless the Court
directs otherwise.
Disallowance
of vexatious questions in cross-examination
6.
The
magistrate may disallow a question asked in
cross-examination of a party or a witness
which appears to the magistrate to be
vexatious and not relevant to any matter
which it is proper to enquire into in the
cause or matter.
List of
exhibits
7.
(1) The clerk of the Court shall take charge
of every document or object put in as an
exhibit during the trial and shall mark or
label each exhibit with
(a)
a
letter or letters indicating the party by
whom the exhibit is put in or the witnesses
by whom it is proved. and
(b) a number, so that all the
exhibits put in by a party or proved by a
witness are numbered in one consecutive
series.
(2) The
clerk of the Court shall cause a list to be
made of all the exhibits in the action, and
a party may, on payment of the prescribed
fee, have a certified copy of that list and
any documentary exhibit.
(3) The list
of exhibits when completed and any
documentary exhibit shall be attached to the
pleadings and shall form part ofthe record
of the action.
(4) For the
purpose of this rule a bundle of documents
may be treated and counted as one exhibit.
Custody
of exhibits after trial
8.
(1) An
exhibit tendered at a trial shall be kept in
the registry of the trial Court until the
period limited for appeal has expired and
where an appeal is made after the trial, the
exhibits shall be forwarded to the High
Court with the record of proceedings.
(2) An
exhibit shall not, except by order of the
Court, be given to any party or taken out of
the registry before the expiration of the
time limited for appeal or until the appeal
has been heard and disposed of.
