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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

   

ORDER 29

REVIEW

 

Power of review

1. (1) A magistrate may on grounds that the magistrate considers sufficient, review a judgment or decision given by that magistrate where either party has obtained leave to appeal or a reference has been made on a special case, and the appeal or reference is not withdrawn.

(2) The magistrate may, in the review open and re-hear the case wholly or in part, and take fresh evidence, reverse, vary, or confIrm the previous judgment or decision.

Application within fourteen days

2. (1) An application for review of a judgment shall be made by motion on notice not later than fourteen days after the judgment.

(2) The Court shall not entertain an application for review after the fourteen days, unless within thirty days after the fourteen days an appli­cation for special permission of the Court is filed.

(3) The Court may grant the special permission on terms that the Court considers just.

Parties to be heard

3. A party shall be given the opportunity to be heard.

Application for review not a stay of proceedings

4. (1) The application for review shall not of itself operate as a stay of execution unless the Court so orders, and the order may be made on terms as to security for satisfaction or performance of the judgment or otherwise as the court considers necessary.

(2) Money paid into Court in the action shall be retained to await the result of the motion or the further order of the Court.

 

 

 

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