Order 21 — Urgent Relief
Rule 1 Application for urgent relief.
Where a party applies for urgent relief, such application must comply with the provisions of Order 3.
Rule 2 Application to be supported by affidavit.
(1) The application for urgent relief must be accompanied by an affidavit which must contain:
(a) the reasons for urgency and why urgent relief is necessary;
(b) where the requirement of the rules were not complied with, the reasons for non-compliance, and
(c) the signature of the applicant;
(2) The party applying for urgent relief shall forward an advance copy of the party’s application to the respondent(s).
Rule 3 President to assign application for urgent relief.
(1) Where an application for urgent relief has been filed, the Registrar shall take the application before the President of the Court or a Judge of the Court for fixing of the date and time and, for assignment to a Judge and Judicial Division for the hearing and determination of the application and shall serve the hearing notice on the Applicant and Respondent accordingly.
(2) Where the matter is pending before a Judge of the Court, the Registrar shall take the application back to the Judge before whom the matter is pending.
Rule 4 Intention to oppose application.
Where the respondent intends to oppose the application or to make any representation on the application, the respondent or respondent’s counsel shall notify the registrar and the applicant of the intention to oppose the application within seven (7) days of service of same on the respondent.
Rule 5 Filing of counter-affidavit to oppose application.
The respondent shall thereafter file a counter affidavit which shall state the respondent’s reasons for opposing the application for urgent relief.
Rule 6 Respondent to appear to oppose.
Where a party has notified the Court of the party’s intention to oppose the application for urgent relief, the respondent may appear and be heard at the hearing.
Rule 7 Court may allow appearance of person cited as a party at any stage of proceedings.
The Court may at any stage of the proceedings, on good cause shown, allow any person who is cited as a party but failed to notify the Court as required by provisions of rule 4 of this Order, to appear to be heard on whatever terms the Court may decide.