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C.I. 16         

       SUPREME COURT  RULES

 
SUPREME COURT RULES, 1996

IN exercise of the powers conferred on the Rules of Court Committee by clause (4) of article 33, clause (3) of article 64 and clause (2) of article 157 of the Constitution, these Rules are made this 11th day of September,1996.

 

PART I-GENERAL PROVISIONS

1. Sessions of the Court

The sessions of the Supreme Court referred. to in these Rules as "the Court" shall be held during term and at such other times as the Chief Justice may direct.

2. Notice of cause lists

(1) The Registrar shall, at least fourteen days before the beginning of each term, publish within the precincts of the Court and in the  Gazette, the long list which shall show the criminal and civil appeals in respect of which preliminary matters for hearing have been completed.

   (2) The publication shall be notice to all parties of the listing before the Court during the term of any cause or matter mentioned in the list.

 

   (3) The Registrar shall during each term publish, within the precincts of the Court and of the High Court of Justice in each Region, at least fourteen days before hearing, short lists which shall show the criminal and civil appeals or matters which are to be heard by the Court.

 

    (4) The Registrar shall deliver notices of appeals referred to in sub-rule (3) to the parties affected or their counsel who shall serve the arties by themselves or their duly authorised agents if service by an officer of the Court is likely to be difficult or unduly delayed.

 

    (5) Notwithstanding sub-rules (1) to (4) of this rule the Court may hear any criminal or civil appeal which has not been included in the cause list as published, but in respect of which notice of hearing has been served on the parties or their counsel.

 

    (6) Notice of hearing by the Court of any cause or matter other than an appeal shall be by publication within the precincts of the Court by service of notice on the parties or their counsel.

 

3. Right of audience

A person who is a party to any cause or a matter before the Court may appear in person or may be represented by counsel of his choice.

 

4. Register of causes or matters

The Registrar shall keep a separate register of the various causes or matters brought before the Court under the following headings-

        (a) appellate jurisdiction of the Court-

 

(i)appeals as of right lodged under clause (3) of

article 33 of the Constitution;

                 (ii) appeals in any civil cause or matter lodged under clause (I) of  article 131 of the Constitution;

                 (iii)appeals in any criminal cause or matter lodged under clause (I) of article 131 of the Constitution;

              

                 (iv) appeals brought from the National House of Chiefs under clause (4) of article 131 of the Constitution;

 

 

(b) original jurisdiction of the Court-

(i) in matters relating to the challenge of election of the President under clause (I) of article 64 of the Constitution;

 

(ii) in matters relating to the enforcement or interpretation of any provisions of the Constitution under article 2 and clause (I) of article 130 of the Constitution;

 

(iii)in matters referred to the Court under clause (3) of article 121 and of clauses (1) and (2) of article 135 of the Constitution; and

(c) any other jurisdiction.

 

5. Matters not expressly provided for

Where no provision is expressly made by these Rules regarding the practice and procedure which shall apply to any cause or matter before the Court, the Court shall prescribe such practice and procedure as in the opinion of the Court the justice of the cause or matter may require.

 

 

 

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