Order 28 — Trial Proceedings

When a cause has been called for hearing and neither party appears, the Judge shall, unless he sees good reason to the contrary, strike out the cause.

When a cause is called for hearing, if the Claimant appears and the Defendant does not appear, the Claimant may prove his claim, so far as the burden of proof lies upon him.

When a cause is called for hearing, if the Defendant appears and the Claimant does not appear, the Defendant, if he has no Counterclaim, shall be entitled to Judgement striking out the action, but if he has a Counterclaim, then he may prove such Counterclaim so far as the burden of proof lies upon him.

(1) Where a cause is struck out under Rule 1 of this Order, either party may apply that the cause be restored on the Cause List on such terms as the Judge may deem fit.

(2) Any Judgement obtained where any party does not appear at the trial, may be set aside by the Judge upon application of the party and on such terms as the Judge may deem fit.

(3) An application to re-list a cause struck out or to set aside a Judgement shall be made within six days after the Order or Judgement or such 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.

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 communication to the Taxing Officer, if required.

Subject to the provisions of the Evidence Act, the order of proceedings at the trial of a cause shall be as prescribed in the following Rules of this Order.

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

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

(1) A party who desires to call any witness not being a witness whose Witness Statement on Oath accompanied his pleading, shall apply to the Judge for leave to call such witness.

(2) An application for leave in sub-rule (1) of this Rule shall be accompanied by the Witness Statement on Oath of such witness and copies of documents he intends to rely upon at the trial, if any.

(1) A party shall close his case when he has concluded his evidence. Either the Claimant or Defendant may make oral application to have the case closed at any time whether or not he has concluded his evidence.

(2) Notwithstanding the provisions of sub-rule (1) of this Rule, the Judge may suo-motu 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 or letters indicating the party by whom the exhibit is put in (or where more convenient, the witness by whom the exhibits 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 in.

(1) An exhibit shall not be released after trial to the person who has put it in unless the period during which Notice of Appeal may be given, has elapsed 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 (if any such appeal is lodged); or
(b) the release of the exhibit will not in any way prejudice any other party.

(2) After a Notice of Appeal has been filed, an exhibit produced at the trial shall not be released by the Court unless leave to release such exhibit is granted by the Court of Appeal.

(1) Any party may apply for and on payment of the prescribed fee, obtain an office copy of the list of exhibits for the purpose of an appeal to the Court of Appeal.

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

A Judge may, suo motu or on application, strike out any proceedings not being prosecuted diligently.