Order 18 — Determination of Motions
Rule 1 Motion to be determined except where withdrawn.
Whenever any motion is filed in a matter before the Court, except it is withdrawn by the applicant, it shall be heard and determined by the Court.
Rule 2 Handling of multiple motions.
(1) Where there are multiple motions in a matter before the Court, the Court may consider taking the motions in order of filing and type, but may hear the motion that regularizes or saves the matter before taking that which may terminate the matter.
Provided that where there are many defendants in a matter before the Court and there is a multiplicity of Notice of Preliminary Objections either touching on;
(a) the jurisdiction of the Court to hear the matter; or
(b) the competency of the Court to hear the matter; or
(c) application of the statute of limitation
the Court may hear the matter in the order listed paragraphs in (a) (b) (c) of this rule.
(2) Where in matter before the Court, a defendant wishes to dispute the jurisdiction of the Court to entertain such a matter, the Defendant may by a motion on notice, and an affidavit disclosing the facts in support of the application with a written address, apply to the Court to hear and determine the motion.
(3) Where an application made in line with provisions of sub-rule (2) of this rule, the Court may take such application together with the Claimant’s substantive suit.
(4) A defendant making an application in line with the provisions of sub-rule (2) of this rule shall file along with the motion on notice a memorandum of appearance stating that he or she is appearing conditionally.
(5) Where a Respondent served with a motion on notice intends to oppose the application, he shall do so in line with the provisions of Order 17 rule 1 sub-rules (10) and (11) and the matter may be handled in line with the provisions of sub-rules (12), (13) and (14) of Order 17 Rule 1.
Rule 3 Handling of multiple Preliminary Objections.
Where there are many defendants in a matter and more than one Preliminary Objection is filed, the Court may order that the Preliminary Objections be consolidated.
Rule 4 Consolidation of Claimants Written Addresses.
Where the Court orders a consolidation of Preliminary Objections as stated in Rule 3 of this Order, the Court may make an order that the Claimant’s reply to the consolidated Preliminary Objections be consolidated.
Rule 5 Consolidation of Written Addresses.
Where there are many Claimants in a matter before the Court and there is a multiplicity of Preliminary Objections, the Court may order each Claimant to consolidate the Claimant’s reply in the Written Address instead of filing separate Written Addresses on each preliminary objection.
Rule 6 When Court may proceed to hear substantive matter after hearing preliminary objection.
Where there is a matter pending before the Court and the preliminary objection is raised by any of the parties, in so far as the objection does not challenge the Court’s jurisdiction, the Court may decide to hear the preliminary objection and proceed to hear the substantive matter without delivering the ruling on the preliminary objection until the judgment is ready and the ruling on the preliminary objection shall be delivered first before proceeding to deliver the main judgment on the matter.
Provided that where the Court in its ruling decides that the preliminary objection be upheld, the Court may decide to proceed or not proceed with the delivery of the main judgment.