Order 36 — Motions and Other Applications

(1) Where by these Rules any application is authorised to be made, such application shall be made by Motion which may be supported by affidavit and shall state under what Rule of Court or Law the application is brought.

(2) Every such application shall be accompanied by a Written Address in support of the relief sought.

(3) Every Motion shall be served within five days of its being filed failing which the Judge may strike it out.

(4) Where the other party intends to oppose the application, he shall within seven days of the service on him of such application, file his Written Address and may accompany it with a counter affidavit.

(5) The Applicant may, on being served with the Written Address of the opposing party, file and serve an Address in Reply on point of law within seven days of being served. Where a counter affidavit is served on the applicant, he may file further affidavit with his Reply.

Except as expressly provided by Law or in these Rules, no Motion or application for a rule nisi or order to show cause shall be made in any action.

(1) Except where an application ex-parte is required or permitted under any Law or Rules, every Motion shall be on notice to the other party.

(2) No application for an injunction shall be made ex-parte unless the Applicant files with it a Motion on Notice in respect of the application.

(3) An Order of injunction granted upon an application ex-parte shall abate after seven days.

(4) A Judge may upon application extend the effective period of an Order made ex-parte if he is satisfied that the Motion on Notice has been served and that such extension is necessary in the interest of justice or to prevent an irreparable or serious mischief. The application for such an extension shall be made before abatement of the Order and extension shall not be for a period exceeding seven days from the day the extension is granted.

(1) Every Motion on Notice to set aside, remit or enforce an Arbitral Award shall state in general terms the grounds of the application and where any such Motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the Motion on Notice.

(2) The party relying on and applying for the enforcement of an award shall supply:
(a) the duly authenticated original award or a duly certified copy thereof; or
(b) the original arbitration agreement or a duly certified copy thereof.

(3) An award made by an Arbitrator or a decision reached at the Multi-Door Courthouse may, by leave of a Judge, be enforced in the same manner as a Judgement or Order of Court.

(4) Subject to the Arbitration and Mediation Act, an application may be made to set aside or remit any award after such award has been made and published to the parties.

Except the Judge directs otherwise, there shall be at least two clear days between the service of all processes in respect of a Motion and the day named in the notice for hearing the Motion.

Where at the hearing of a Motion or other application, the Judge is of the opinion that any person to whom notice has not been given ought to have had such notice, the Judge may either strike out the Motion or application or adjourn the hearing thereof in order that such notice may be given upon such terms, if any, as the Judge may deem fit.

The hearing of any Motion or application may from time to time be adjourned upon such terms, if any, as the Judge shall deem fit: Provided that an application for adjournment of the Motion or application by the Applicant shall not be more than twice.

A Claimant may file any application along with an Originating Process and may serve both on any Defendant simultaneously.