ORDER 6
TIME
Reckoning periods of time
1. (1) A
period of time fixed by these Rules or
by a judgement, order or direction of
the Court for doing an act shall be
reckoned in accordance with this rule.
(2)
Where an act is required to be done
(a)
within a
specified period after or from a
specified date, the period begins to fun
irnll1L'ctii1tcly after that date.
(b)
within a specified period before a specified
date, the period ends immediately before
that date,
(c)
within a period not later than a specified
date, the period ends immediately before the
end of the specified date, or (d) on
a specified number of clear days before or
after a specified date, at least that number
of specified days shall intervene between
the day on which the act is done and that
date.
(3) Where,
apart from this rule, the period within
which or not later than which an act is
required to be done is a period of seven
days or less and would include a Saturday,
Sunday or a public holiday, that Saturday,
Sunday or public holiday shall be excluded.
Non-working days
2.
Where the time prescribed by these Rules or
by any judgement, order or direction, for
doing an act at an office of the Court
expires on a day on which that office is
closed, and for that reason that act cannot
be done on that day, the act shall be
considered to have been done in time if done
on the next day on which that office opens.
Extension
or reduction of time
3.
(1) The
Court may, on terms that it considers just,
by order extend or reduce the period within
which a person is required or authorised by
these Rules, or by a judgment, order or
direction of the Court, to do an act in any
cause or matter.
(2) The
Court may extend the period required for any
act by these rules although the application
for extension is not made until after the
expiration of the period.
(3) The
period within which a person is required by
these Rules, or by any order or direction,
to serve, file or amend a pleading or other
document may be extended by consent given in
writing, without an order of the Court for
that purpose.
Definition of month
4.
Without
limiting the effect of section 23 of the
Interpretation Act, 1960 (C.A.4), in the
application of these Rules, the word
"month", where it occurs in any judgment,
order, direction or other document that
forms a part of a cause or matter in the
Court, means a calendar month unless the
context otherwise requires.
