Order 29 — Disputing the Court's Jurisdiction
Rule 1 Disputing the Court's jurisdiction.
Where a defendant wishes to:
(a) dispute the Court’s jurisdiction to try the claim; or
(b) argue that the Court should not exercise its jurisdiction, he may apply to the Court for an order declaring that it lacks the jurisdiction or should not exercise any jurisdiction which it may have, and the Court may take the application with the Plaintiff’s substantive suit in so far as the substantive suit does not involve the taking of oral evidence.
Rule 2 Defendant disputing must file memorandum of appearance.
A defendant making the application shall file along with the application a memorandum of appearance stating that he is appearing conditionally.
Rule 3 Defendant not to lose right to dispute jurisdiction.
A defendant who files a memorandum of appearance shall not lose any right that he may have to dispute the court’s jurisdiction.
Rule 4 Time and mode of application.
An application under this order shall be:
(a) made within 30 days after service on the defendant of the originating process; and
(b) supported by an affidavit and a written address where it is not based on ground of law alone.
Rule 5 Failure to apply within time.
Where the defendant files an acknowledgment of service and does not make such application within the period specified in rule 4 of this order, the application can only be taken at the conclusion of the trial.