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HIGH COURT (CIVIL PROCEDURE) RULES, 2004

 

C.I.47

      Rule        

Order 1

GENERAL PROVISIONS

ORDER 1

 

PRELIMINARY MATTERS

 

Application of Rules

1. (1) These Rules shall apply to all civil proceedings in the High Court and the Circuit Court, except that the application by the Circuit Court shall be with such modifications as may be necessary.

(2) These Rules shall be interpreted and applied so as to achieve speedy and effective justice, avoid delays and unnecessary expense, and ensure that as far as possible, all matters in dispute between parties may be completely, effectively and finally determined and multiplicity of proceedings concerning any of such matters avoided.

 

Publicity of proceedings

2. (1) All proceedings of the Court including the announcement of its decision shall be held in public except as may be otherwise ordered by the Court in the interest of public morality, safety or public order.

(2) Sub-rule (1) shall have effect subject to the provisions of the Constitution and any other enactment in force.

(3) Where in the exercise of its powers the Court orders that any proceedings shall not be heard in public it shall specify the reason in the Record Book and those proceedings shall be held by the Judge in the presence of only the parties, their lawyers and officers of the Court.

 

Conduct of proceedings by a person other than a party

3. (1) A public officer may in any proceedings represent any of the following parties,

           (a) the Republic;

 (b) the President;

 (c) the Government; or

(d) a person employed by the Government or a public authority whose cost are  defrayed by the Government or that authority.

 

 (2) Where in any proceedings the Court is satisfied that a party not represented by a lawyer is unable to attend the Court in person for good and sufficient reason, the Court may permit the party to be represented by a member of that person's family or one of that person's employees or that person's employer, if the representative satisfies the Court that the representative has the authority of the absent party to represent the party absent.

 

Acting without authority

4. A person who without authority knowingly acts or takes any proceedings in the Court in the name of or on behalf of another person shall be liable to committal for contempt of court.

 

 

 

 

 

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