Order 22 β Filing of Written Addresses
Rule 1 Power to order for written addresses.
The Court shall have the power to:
(a) order for the filing of written addresses in any case; and
(b) dispense with the filing of written addresses where the interest of justice so demands.
Rule 2 Court to order written address.
Where the other party calls evidence, he shall within twenty-one days after the close of evidence file a written address.
Rule 3 Written address by the other party.
Upon being served with the other party’s written address, the party beginning shall, within twenty-one days, file his reply address.
Rule 4 Written address by party beginning.
The party who files the first address shall:
(a) have a right of reply on points of law only; and
(b) shall file the reply within seven days after service of the other party’s address.
Rule 5 Right of reply.
(1) A written address shall be printed in black ink on high quality white opaque A4 size paper and set out in sub paragraphs numbered serially and shall contain:
(a) the claim or application on which the address is based;
(b) a brief statement of the facts with reference to the exhibit attached to the application or tendered at the trial;
(c) the issues arising from the evidence for determination; and
(d) a succinct statement or argument on each issue incorporating the purport of the authorities referred to with full citation of each authority.
(2) The Judge may guide counsel on the volume or limit of their address.
Rule 6 Content of written address.
(1) Any written address shall be concluded with a numbered summary of the points raised and party’s prayer.
(2) A list of all authorities referred to shall be submitted with the address.
(3) Where any unreported Judgement is relied upon, the Certified True Copy shall be submitted along with the written address.
Rule 7 Summary of address.
An oral argument of not more than twenty minutes shall be allowed for each party.
Rule 8 Oral argument.
Where a final written address or written address in respect of any application under these rules has been filed and it comes up for adoption and either of the parties is absent, the Court shall either on its own motion or upon oral application by the counsel for the party present, order that the address be deemed adopted if it is satisfied that the parties had notice of the date for adoption.
Rule 9 Address to be deemed adopted where party absent.
The Court shall be satisfied that, that party had notice of the date for adoption if on the previous date last given the party or his counsel was present in Court.
Rule 10 Copies of written address.
Each party shall file two copies of his written address in Court and serve a copy on every party.