Order 45 — Filing of Written Addresses

This Order shall apply to all applications and Final Addresses.

(1) A Written Address shall be type-written with 14 font size of legible and readable font type or character (not cursive or italicized) with double spacing format and printed with black ink on white opaque A4 size paper of good quality.

(2) A Written Address shall not be more than thirty-five (35) pages, set out in paragraphs and numbered serially. It shall contain:
(a) the claim on which the address is based;
(b) a brief summary statement of the facts with reference to the exhibit tendered at the trial;
(c) the issues arising from the evidence;
(d) a succinct statement of argument on each issue incorporating the authorities referred to together with full citation of the authorities;
(e) a list of statutes or laws to be relied upon;
(f) relevant facts and facts relevant to the facts in issue;
(g) not contain extraneous matters.
Provided that where a Written Address contains extraneous matters, the Court may discontinue the portion of the final address containing the extraneous matters.

(1) All Written Addresses shall be concluded with a numbered summary of the points raised and the party’s prayer. A list of all authorities referred to shall be submitted with the Written Address. Where any unreported judgment is relied upon, the Certified True Copy shall be submitted along with the Written Address.

(2) Failure to comply with rules 2 and 3(1) of this Order may render the written Address incompetent.

Each party shall file a sufficient number of copies of the Written Address for the Court’s record and for service on parties in the case.

Where a counsel after adoption of counsel’s Written Address discovers new judicial authorities applicable to the issues canvassed, the counsel shall send the new judicial authorities to the Court and the opposing counsel. The opposing counsel shall have right of re-action.

Each party shall have twenty (20) minutes for Oral argument and provided that no party shall be allowed to introduce new issues during oral argument.

Where any party before the Court has filed a Written Address and on the day fixed for adoption of the Written Address the party fails or neglects to appear to adopt the Written Address without any cogent and compelling reason to the satisfaction of the Court, the Court shall deem the said Written Address as adopted and adjourn for ruling or judgment accordingly.

Where there is a change of counsel, the new counsel may be granted only one adjournment to regularize counsel’s position.

Where a Defendant or Claimant due to cogent and compelling reason(s) is not be able to file his or her Final Written Address within the twenty-one (21) days or the time limit ordered by the Court, he or she may by an application request for an extension of time within which to file the Final Written Address.

The application for extension of time by the Defendant or Claimant which shall be supported by an Affidavit stating the cogent and compelling reason(s) for the inability to file the Final Address within the (21) twenty-one days or such time ordered by the Court, shall be made at least seven (7) working days before the expiration of the 21 days or time limit ordered by the Court.

Where the Defendant fails to file his or her Final Address and did not apply for extension of time as provided in rule 9 of this Order, the Claimant may proceed to file his or her Final Written Address within twenty-one (21) days or such time limit ordered by the Court.

The Court may, on the failure or refusal of the Defendant to file his or her Final Written Address where the Claimant has filed his or her file Final Written Address within the twenty-one (21) days or time limit ordered by the Court, may foreclose the Defendant from filing his or her Final Written Address except he or she gives cogent and compelling reason for his or her inability to do so within time limit by the Court or by these Rules.

Where the Defendant fails or refuses to ask for extension of time to file his or her final Written Address within the time limit ordered by the Court and the Claimant has filed his or her Final Written Address and the Claimant may move the Court for parties to address it on points of law.