Order 51 — Business in Chambers

In any proceeding before a Judge in chambers, any party may, if the party so desires, be represented by a Legal Practitioner.

Unless the opposite party or the counsel to the opposite party objects, the Judge may conduct any proceeding (except actual trial) in chambers, and may also adjourn any such proceeding from Court to chambers or vice versa.

(1) Where a party to any proceeding in chambers does not intend to accept the decision of the Judge in chambers as final, he shall immediately request to have the summons adjourned into Court for argument and if such request is refused, the party may proceed by way of Motion on Notice in Court to discharge, set aside or vary the Order made or the Judgement given in chambers.

(2) The Motion on Notice shall be –

(a) filed not later than seven (7) days after the drawing up of the Order made in chambers, unless the Court grants an extension of time on good and sufficient reason being shown; and

(b) heard and determined by the Judge who has dealt with the matter in chambers, unless this proves impossible or inconvenient owing to death, retirement or prolonged absence of such Judge.

Upon application for the appointment of guardians of infants and allowance for maintenance, the evidence shall show:

(a) the ages of the infants;

(b) the nature and amount of the infants’ fortunes and incomes; and

(c) what relations the infants have.

At any time during the proceeding under any judgment or order, the Judge may, if the Judge deems fit, require a guardian to be appointed for any person under legal disability, not adjudged a lunatic, who has been served with notice of such judgment or order.

(1) Where any matter originating in chambers shall, at the original or any subsequent hearing, have been adjourned for further consideration in chambers, such matter may, after the expiration of 8 days and within 14 days from the filing of the certificate, be brought on for further consideration by a summons to be taken out by the party having the conduct of the matter and, after the expiration of such 14 days, by a summons to be taken out by any other party.

(2) Such summons shall:

(a) be in the following form:

“That this matter, the further consideration whereof was adjourned by the order of the… on…day of… 20…may be further considered”.

(b) be served 7 clear days before the return:

Provided that this Rule shall not apply to any matter which was adjourned for further consideration at the original or any subsequent hearing in Court.

Notes shall be kept of all proceeding in the Judges’ chambers with proper dates, so that all such proceedings in such cause or matter may appear consecutively and in chronological order, with a short statement of the question or points decided or ruled at every hearing.

Orders made in chambers shall, unless the Judge otherwise directs, be drawn up by the Registrar and signed by the Judge. Such orders shall be entered in the same manner as orders made in Court.

Subject to the provisions of any Law and of these Rules, the costs of, and incidental to, all proceedings in chambers shall be at the discretion of the Judge.

This Rule shall apply in the case of decisions given by a Judge in chambers on appeal from the Chief Registrar under Rule 4 of Order 41.