Order 6 — Applications to Court

(a) Every application to the Court shall be by notice of motion, stating the Rule under which it is brought, the grounds for the reliefs sought and shall be supported by an affidavit and a Written Address:
Provided that the Respondent(s) shall have five (5) days within which to file processes in response (if any) to the notice of motion and the Applicant shall have three (3) days to file a reply (if any) to the processes of the Respondent(s).

(b) Each written address shall not exceed five (5) pages and the reply on point of law shall not exceed three (3) pages.

Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion, which shall be served on the party or parties affected.

Where an application has been refused by the lower court, an application for a similar purpose may be made to the Court within fifteen (15) days after the date of the refusal.

Wherever under these Rules an application may be made either to the lower court or to the Court, it shall not be made in the first instance to the Court, except where there are special circumstances which make it impossible or impracticable to apply to the lower court.

Where leave to appeal is granted by the Court or by the lower court, the Appellant shall file a Notice of Appeal within the time prescribed by the Court of Appeal Act.

Where an application for leave to appeal from a decision of the lower court has been brought within the time prescribed by the Court of Appeal Act but has not been heard within that period, the Court, if satisfied that there has not been an unreasonable delay in bringing the application, may extend time to appeal and in the proper case, grant leave to appeal.

The application for leave to appeal from a decision of the lower court shall contain copies of the following—
(a) notice of motion for leave to appeal (Form 4);
(b) a certified copy of the decision of the Lower Court sought to be appealed against;
(c) a copy of the proposed grounds of appeal; and
(d) a written address in support of the application.

(1) Except with the leave of the Court, a maximum of fifteen (15) minutes on each side will be allowed for oral argument on any application.

(2) Where the parties have duly filed written addresses and other relevant processes in relation to an application, and any of the parties or their legal representatives do not appear on the day fixed for hearing of the application, the application will be treated as having been duly argued:
Provided that the application will still be treated as argued even where a party has failed to file his processes and the time limited for filing has expired.

(1) The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply, except as it relates to the taking of any step or action under Order 16.

(2) Every application for an enlargement of time within which to appeal shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged, a copy of the Order granting such enlargement shall be annexed to the Notice of Appeal.

An application to set aside any judgment or ruling shall not be brought unless it is filed within fourteen days from the date of delivery of such judgment or ruling or such longer period as the Court may allow for good cause.

Cost shall be awarded against a counsel that allows an incompetent application by an Applicant without bringing it to the notice of the court thereby wasting the time of the court.

An Appeal shall be deemed to have been brought when the notice of appeal has been filed in the registry of the lower court.