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PART VII - REFERENCES
TO THE COURT
67.
References to the Court
(1) A reference to the
Court for the determination of any question, cause or
matter pursuant to any provision of the Constitution or of
any other law shall be by way of a case stated by the
court below, or by the person or authority making the
reference.
(2) A case
stated under sub-rule (1) of this rule shall contain-
(a)
a summary of the
action or matter before the court below or the person or
the authority from which the reference is made;.
(b)
the issue involved in the
matter before the court or that person or
authority;
(c)
the matter or question
referred for determination by the Court;
(d)
any findings of fact
relevant to the matter or question referred to the
Court;
(e)
the arguments of counsel,
if any;
(f) the ruling or decision of the
court below or of that person
or authority; and
(g)
a statement by the court
below that the determination of the constitutional matter
or question is necessary to a decision of the action,
where the reference is made under clause(2) of article
130 of the Constitution.
(3) Each party may, with
the consent of the court below or that person or
authority, and shall, when so ordered by tile Court, state
his case or jointly state a case containing arguments of
law and a list of the of decided cases and the statute law
in support of the case. .
(4) The Court
may call for the record of the proceedings before the
court below or before the person or authority making the
reference.
(5) The provisions of
rule 53 of these Rules shall, with such modification as
may be necessary apply to a reference before the Court.
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