Order 15 — Motions and Applications

(1) Where by these Rules any application is authorised to be made to a Judge, such application may be made by motion or summons which shall be supported by affidavit and shall state under what rule of Court or Law the application is brought.

(2) Every such application shall be accompanied by a written address in support of the relief sought.

(3) The application shall be served within 5 (five) days of filing and, where it is not served within the stipulated period, the Judge may strike out the application.

(4) Where any party intends to oppose the application, that party shall, within 7 days of the service of such application, file a written address and may accompany it with a counter affidavit.

(5) The applicant may, on being served with the written address of the opposing party, file and serve an address in reply on points of law within 7 days of being served. Where a counter affidavit is served, the applicant may file a further affidavit with or without the reply.

No motion or application for a rule nisi or order to show cause shall be made in any action except where an application ex-parte is required or permitted under any enactment or rules.

(1) Except where an application ex-parte is required or permitted under any Law or Rules, every motion shall be on notice to the other party.

(2) No application for an injunction shall be made ex-parte unless the applicant files with it a motion on notice in respect of the application.

(3) An order of injunction made upon an application ex-parte shall abate after 7 days.

(4) A Judge may, upon application, extend the effective period of an order made ex-parte if the Judge is satisfied that such extension is necessary in the interest of justice or to prevent an irreparable or serious mischief. The application for such an extension shall be made before abatement of the order and the extension shall not be for a period exceeding 7 days from the day the extension is granted.

(1) Every motion on notice to set aside, remit or enforce an arbitral award shall state in general terms the grounds of the application and where any such motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the notice of motion.

(2) The party relying on an award, on applying for its enforcement, shall supply:

(a) the duly authenticated original award or a duly certified copy thereof;

(b) the original arbitration agreement or a duly certified copy thereof.

(3) An award made by an arbitrator or a decision reached at the Multi-Door Court House may, by leave of a Judge, be enforced in the same manner as a judgment or order of Court.

(4) An application to set aside or remit any award may be made at any time within 6 weeks after such award has been made, and published to the parties.

Unless a Judge grants special leave to the contrary, there must be at least 2 clear days between the service of all processes in respect of a motion and the day named in the notice for hearing the motion.

If, on the hearing of a motion or other application, a Judge shall be of opinion that any person to whom notice has not been given ought to have had such notice, the Judge may either strike out the motion or application or adjourn the hearing thereof in order that such notice may be given upon such terms, if any, as the Judge may deem fit to impose or in extreme cases dismiss the motion.

The hearing of any motion or application may from time to time be adjourned upon such terms, if any, as the Judge shall deem fit.

The counsel shall be personally liable to pay costs where the application turns out to be frivolous.

Provided that application for adjournment at the request of a party shall not be made more than two times.

A Plaintiff may file any application along with an originating process and may serve both on any Defendant simultaneously.

Where the relationship of Legal Practitioner and client exists or has existed, a summons may be issued by the client or the client’s representative for the delivery of a cash account or the payment of moneys or the delivery of securities, and a Judge may from time to time order the respondent to deliver to the applicant a list of the moneys or securities in the custody or control of the respondent which are held on behalf of the applicant or to bring into court the whole or any part of the same, within such time as the Judge may order. In the event of the respondent failing to comply with the order, the Judge may order the respondent to be arrested and imprisoned.

If during the taxation of any bill of costs or the taking of any account between Legal Practitioner and client, it shall appear to the taxing officer that there must in any event be moneys due from the Legal Practitioner to the client, the taxing officer may from time to time make an interim certificate as to the amount so payable by the Legal Practitioner. Upon the filing of such certificate, a Judge may order the moneys so certified to be forthwith paid to the client or brought into Court.