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C.I. 16         

        SUPREME COURT  RULES   1996

 

PART IX-MISCELLANEOUS

 

72. Copies of documents for the Court

Where for the purpose of these Rules any person files or is required to file any document he shall, in addition file sufficient number of copies of the document for the use of the Justices of the Court and for service on the Attorney-General, on all other parties and on such other persons as the Court may direct.

 

73. Exercise of powers of a single Justice

An application made pursuant to article 134 of the Constitution in respect of any cause or matter, civil or criminal shall be by motion on notice and shall be served on any party who has an interest in the cause or matter.

 

74. Pronouncement of judgment of the Court

(1) At the conclusion of the hearing of any matter before the Court, each Judge shall be at liberty to express his opinion on the matter before the Court.

(2) The judgment, order or decree of the Court shall be pronounced by the presiding Justice or such other Justice of the Court hearing the question or matter as the presiding Justice may direct.

(3) Opinions of the Justices of the Court shall be handed over to the Registrar of the Court immediately after delivery for the compilation of a composite opinion of the Court and copies thereof shall upon payment of the requisite fees be given to the parties and the public after they have been duly certified by the Registrar of the Court in accordance with section 99 (1) of the Courts Act, 1993 (Act 459).

 

75. Adjournments

The Court may adjourn any action or matter before it as it considers fit to do and upon such terms as it may think fit.

 

76. New evidence

(1) A party to an appeal before the Court shall not be entitled to adduce new evidence in support of his original action unless the Court, in the interest of justice, allows or requires new evidence relevant to the issue before the Court to be adduced.

 

(2) No such evidence shall be allowed unless the Court is satisfied that with due diligence or enquiry the evidence could not have been and was not available to the party at tile hearing of the original action to which it relates.

 

(3) Any such evidence may be by oral examination in Court, by an affidavit or by deposition taken before an examiner as the Court may direct.

 

77. Examination regarding new evidence

(1) Where the Court orders the examination of a witness to be conducted otherwise than before the Court, the order shall specify the person appointed as examiner to take the evidence, the place of taking the evidence, the examination and the witness to be so examined.

 

      (2) The Registrar shall furnish the examiner with any documents or exhibits and any other material relating to the issue before the Court as and when required by the examiner.

  

      (3) The documents, exhibits and other materials furnished pursuant to sub-rule (2) shall be returned to the Registrar by the examiner together with any depositions taken and any report made by the examiner in accordance with the provisions of this rule upon the conclusion of the examination.

 

      (4) When the examiner has appointed the day and time for the examination he shall request the Registrar to notify the parties and their counsel, if any and the prison authorities if any of tile parties is in prison.

 

        (5) The Registrar shall cause to be served on every witness to be examined a notice as specified in the Form 28 set out in Part IV of the Schedule to these Rules

 

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        (6) Every witness examined before an examiner in accordance I with this rule shall give his evidence upon oath or affirmation to be administered by the examiner.

 

        (7) The examination of every witness shall be in public in the form of a deposition unless otherwise ordered by the Court.

 

78. Reference by the Court

(1) Where the Court makes an order referring any matter to a referee or an arbitrator for an opinion on any question arising out of a cause or matter before it, the Court shall specify the question so referred.

       (2) The provisions of rule 76 of these Rules shall apply with such modification as may be necessary to a reference. made under this rule.

 

79. Waiver of non-compliance

Where a party to any proceedings before the Court fails to comply with any provision of these Rules or with the tenl1s of any order or ,direction given or with any rule of practice or procedure directed or determined by the Court, the failure to comply shall be a bar to further prosecution of proceedings unless tile Court considers that the non-compliance should be waived.

 

80. Costs of actions

The award of costs on the determination of any matter shall be at the discretion of the Court.

 

81. Return of documents or things

On the final detenl1ination of an appeal, the Registrar shall, within one month of such determination, forward to the court below the exhibits and documents or other things received by him or by the Court in  respect of the appeal to which the documents or things relate.

 

82. Interpretation

In these Rules, unless tile context otherwise requires-

        "appellant" includes the party appealing from judgment, order or decree and   his counsel; 

, "appropriate Minister" means Minister responsible for Justice;-

 

           "civil appeal" includes an appeal brought in a civil cause or matte an appeal     brought  pursuant to clause (3) of article 33, clause (4). of article 131 and clause.(1) of article 273 of the Constitution;

 

             "the Court" means the Supreme Court;

             "Court below" means the Court or body from which an appeal or other cause or matter is brought;

                "criminal appeal" means all appeal brought  in a criminal cause or matter;

                "interlocutory decision" means a decision which is not a final decision in any cause or matter;

                  "High Court" includes Regional Tribunals; 

                    "leave" includes special leave;

                "long list" means the cause list published under sub-rule (I) 1 of rule 2 of these Rules;

                  "memorandum of agreed issues" means the memorandum of agreed issues prepared pursuant to rule 50 of these Rules

                  "party" includes any party to an appeal or other proceedings and his counsel;

                     "record of appeal" includes the pleadings, proceedings, evidence and judgments and the aggregate of the papers relating to an appeal proper to be laid on the hearing of an appeal before the Court pursuant to sub-rule (I) of rule I I of these Rules

                    "Registrar" includes the Judicial Secretary and the Deputy Judicial Secretary and the Registrar of the Court;

                      "Republic" includes the Government and ,any Department or Minister of State; 

"respondent" means-

(a) in a civil appeal, any party directly affected by the appeal other than the appellant 

(b) in a criminal appeal, the Republic or other person who undertakes the defence of the judgment appealed against;

(c) counsel for a party mentioned in paragraph (a) or (h);

"short list" means the cause list published under sub-rule (3) of Rule 2 of these Rules;

"signature" includes a thumb-print ,and a mark;

"Supreme Court" includes a single Justice, five or more Justices;

"Taxing Officer" means the Registrar of the Supreme Court; 

"term" means any period between vacations when the Supreme Court is in session;

"vacation" means any of the following periods-

(a) the period commencing on the Tuesday immediately following Easter Monday in each year and ending on the Friday immediately following;

(b) the period commencing on the first day of August in each year and ending on the last day of September, in that year; and

(c) the period commencing on the 24th day of December in each year and ending on the 6th day of January in the ensuing year.

 

83. Revocation

The Supreme Court Rules. 1970 (C.I. 13) are revoked.

 

 

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