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C.I. 16         

        SUPREME COURT  RULES    1996

 

 

PART V-REVIEW

 54. Grounds for review

The Court may review any decision made or given by it on any of the following grounds -

...         (a) exceptional circumstances which have resulted in miscarriage    

                of justice;

(b) discovery of new and important matter or evidence which, after

     the exercise of due diligence, was not within the applicant's

     knowledge or could not be produced by him .at the time when

     the decision was given.

 

55. Time for applying for review

An application for review shall be filed at the Registry of the Court not later than one month from the date of the decision sought to be reviewed.

 

56. Procedure for bringing application for review

(1) The application for review shall be by motion supported by an affidavit and accompanied by a statement of the applicant's case, clearly setting out and fully arguing all relevant grounds on which the applicant relies.

(2) The motion shall be on notice to all parties affected by the application.

 

57. Statement of respondent's case

A respondent to the application shall, within fourteen days of the service on him of the application file a statement of his case, in answer, to the application, fully arguing his case.

 

58. Failure of respondent to file his statement of case

If the respondent fails to file his statement of case within the time limit specified in rule 57, the applicant may set down the application for hearing with notice to the respondent.

 

59. Setting down date for hearing

(1) After receipt of the statement of case of the respondent, or after fourteen days of the service of the applicant's statement of case on the respondent, the Registrar may set the application down for hearing.

            (2) The Court may, after the statement of the applicant's case and of the respondent's case and any arguments of law, decide to determine the application and give ruling in court on a fixed date without further arguments or may appoint a time at which the parties shall appear before the Court for further argument in the application.

(3) A respondent who fails to file his statement of case within the time limit specified in rule 57 shall not be heard in open court, except as to the question of costs.

 

60. Time limits

Any of the time limits specified in this Part may, on application, be extended or abridged by the Court.

 

 

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