A 18
[Subsidiary]
Particulars.
Discovery of documents in defended cause. L.N. 325/82. (Cap. 336, sub. leg.)
Discovery by interrogatories in defended cause. L.N. 135/72.
L.N. 78/86.
Medical examination in proceedings for nullity.
L.N. 135/72. L.N. 325/82.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
26. (1) A party on whom a pleading has been served may in writing request the party whose pleading it is to give particulars of any allegation or other matter pleaded and, if that party fails to give the particulars within a reasonable time, the party requiring them may apply for an order that the particulars be given.
(2) The request or order in pursuance of which particulars are given shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the request or order.
(3) A party giving particulars, whether in pursuance of an order or otherwise, shall at the same time file a copy of them.
27. [Revoked, L.N. 217/87]
PREPARATIONS FOR TRIAL
28. The provisions of the District Court Civil Procedure (General) Rules dealing with the discovery and inspection of documents shall apply to a defended cause begun by petition as they apply to an action begun by writ.
29. (1) R.S.C. Order 26 (which deals with discovery by interrogatories) shall apply to a defended cause begun by petition as it applies to a cause within the meaning of that Order, but with the omission of
(a) in rule 1(2), the words "or the notice under Order 25, rule 7",
(b) rule 2, and
(c) in rule 6(1), the words from "including" to the end.
(2) A copy of the proposed interrogatories shall be served together with the summons for an order under R.S.C. Order 26, rule 1.
30. (1) In proceedings for nullity on the ground of impotence or incapacity to consummate the marriage the petitioner shall, subject to paragraph (2), apply to the court to determine whether medical inspectors should be appointed to examine the parties.
(2) An application under paragraph (1) shall not be made in an undefended cause-
(a) if the husband is the petitioner, or
(b) if the wife is the petitioner and--
(i) it appears from the petition that she was either a widow or divorced at the time of marriage in question, or
(ii) it appears from the petition or otherwise that she has borne a child, or
(iii) a statement by the wife that she is not a virgin is filed.