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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
.
(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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