A 20
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Informal order for discovery. L.N. 182/70.
Informal order for inspection. L.N. 182/70.
Informal applications, etc. L.N. 182/70.
(b) where the person to be served is acting by a solicitor, by delivering the document at or sending it by prepaid post to the solicitor's address for service.
Discovery of documents
39. (1) The Court may, of its own motion but subject to any proper claim of privilege, make such order for discovery of documents, including the mode of discovery, as it may consider necessary or desirable and the provisions of rule 16 of Order 24 of the Rules of the Supreme Court shall apply to any failure to comply with the provisions of any such order.
(2) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Rules of the Supreme Court with reference to discovery of documents.
Inspection of documents
40. (1) The Court may, of its own motion but subject to any proper claim of privilege, order any party to produce any relevant document in his possession or under his control for inspection by any other party and may order that any such inspection shall take place in the presence of an officer of the Court and the provisions of rule 16 of Order 24 of the Rules of the Supreme Court shall apply to any failure to comply with the provisions of any such order.
(2) Any party who fails to comply with any such order shall not, except with the leave of the Court, be permitted to rely at the trial of the action on any document mentioned in the order.
(3) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Rules of the Supreme Court with reference to discovery and inspection of documents.
(4) The powers of the Court with regard to the making of orders for the discovery and inspection of documents may be exercised by the Registrar.
(5) Any party dissatisfied with an order for discovery and inspection of documents made by the Registrar may, within 5 days of the making of such order and upon giving not less than 2 days' notice to any other party, apply to the Court to set aside such order.
Interlocutory proceedings
41. The Court may, if it thinks fit, permit any interlocutory application or opposition thereto to be made orally and without the filing of an affidavit or other preliminary formality, in court or in chambers, or in writing.
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