Order 19 — Proceedings at Trial

Where a case has been listed for hearing and none of the parties appear, the Judge shall, unless he sees any good reason to the contrary, strike the case out.

Where a case is called for hearing, if the plaintiff appears and the defendant does not appear, the plaintiff may prove his claim, so far as the burden of proof lies upon him.

(1) where a case is struck out under rule 1 of this order either party may apply that the case be relisted on such terms as the Judge may deem fit.

(2) A Judgement obtained where any party does not appear at the trial may be set aside by the Judge upon such terms as he may deem fit.

(3) An application to re-list a case struck out or to set aside a Judgement shall be made within six days after the order or Judgement or such other longer period as the Judge may allow.

The Judge may, if he thinks it expedient in the interest of justice, postpone or adjourn a trial for such time and upon such terms if any, as he shall deem fit;

provided that a party shall not be entitled to more than three adjournments during the course of trial.

The Registrar or other proper officer present at any trial or hearing shall make a note of the times at which the trial or hearing commences and terminates respectively and the time it actually occupies on each day it goes on for the purpose of the effective management of Court business.

The order of proceedings at the trial of a case shall be as prescribed in rules 8 to 15 of this order.

The party on whom the burden of proof lies by the nature of the issue or question between the parties shall begin.

Documentary evidence shall be put in and may be read or taken as read by consent.

(1) In exceptional circumstance, to be determined by the Judge, a party who desires to call any witness not being a witness whose deposition on oath accompanied his pleading shall apply to the Judge for leave to call such witness.

(2) Application for leave in sub-rule (1) of this rule shall be accompanied by the deposition on oath of such witness.

(1) A party shall close his case when he has concluded his evidence and either the plaintiff or defendant may make oral application to have the case closed.

(2) Notwithstanding the provisions of sub-rule 1 of this rule, the Judge may on his own motion, where he considers that either party fails to conclude his case within a reasonable time, close the case for the party.

(1) The Registrar shall take charge of every document or object put in as exhibit during the trial of an action and shall mark or label every exhibit with a letter indicating the party by whom the exhibit is put in; or where more convenient the witness by whom the exhibit is proved and with a number, so that all the exhibits put in by a party or proved by a witness are numbered in one consecutive series.

(2) The Registrar shall cause a list of all the exhibits in the action to be made.

(3) The list of exhibits when completed shall form part of the record of the action.

(4) For the purpose of this rule, a bundle of documents may be treated and counted as one exhibit.

(5) In this rule, a witness by whom an exhibit is proved includes a witness in the course of whose evidence the exhibit is put.

(1) An exhibit shall not be released until after the trial to any party.

(2) Unless otherwise ordered by the Court, an exhibit shall not be released to the party who has put it in unless the period during which the notice of appeal may be given has expired without such notice having been given and then only if the trial Judge (or in his absence, another Judge) grants leave to release such exhibit on being satisfied that:

(a) the exhibit will be kept duly marked and labelled and will be produced, if required, at the hearing of an appeal where such appeal is lodged; or

(b) release of the exhibit will not in any way prejudice any other party.

(3) An exhibit produced at the trial shall not be released by the Court after a notice of appeal has been filed, unless leave to release such exhibit is granted by the Court of Appeal.

(1) A person may apply for and on payment of the prescribed fees, obtain an office copy of the list of exhibits.

(2) Where there is an appeal, an office copy of the list of exhibits shall be included amongst the document supplied to the Court of Appeal for the purpose of the appeal.

A Judge may, on his own motion or upon an application by a party, strike out any proceeding for lack of diligent prosecution.