A 28
[Subsidiary]
L.N. 135/72.
Application for re-hearing.
L.N. 123/74.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(4) Any party, any person who has intervened in a cause or the Queen's Proctor shall be entitled to require from the shorthand writer a transcript of the shorthand note, and the shorthand writer shall, at the request of any person so entitled, supply that person with a transcript of the whole or any part of the note on payment of the shorthand writer's charges at such rate as may be prescribed.
(5) Except as aforesaid, the shorthand writer shall not, without the permission of the court, furnish the shorthand note or a transcript of the whole or any part thereof to anyone.
(6) In these rules references to a shorthand note include references to a record of the proceedings made by mechanical means and in relation to such a record references to the shorthand writer shall have effect as if they were references to the person responsible for transcribing the record.
55. (1) An application for re-hearing of a cause tried by a judge alone (whether in the High Court or the district court), where no error of the court at the hearing is alleged, shall be made to a judge.
(2) Unless otherwise directed, the application shall be made to the judge by whom the cause was tried and shall be heard in open court.
(3) The application shall be made by a notice to attend before the judge on a day specified in the notice which shall state the grounds of the application.
(4) Unless otherwise directed, the notice must be issued within 6 weeks after the judgment and served on every other party to the cause not less than 14 days before the day fixed for the hearing of the application.
(5) The applicant shall file a certificate that the notice has been duly served on each person required to be served therewith.
(6) The application shall be supported by an affidavit setting out the allegations on which the applicant relies or exhibiting a copy of any pleading which he proposes to file if the application is granted, and a copy of the affidavit shall be served on every other party to the cause.
(7) Not less than 7 days before the application is heard the applicant shall file a copy of a transcript of so much as is relevant of the official shorthand note of the proceedings at the trial.
(8) Any other application for re-hearing shall be made by way of appeal to the Court of Appeal.
(9) This rule shall apply with the necessary modifications to a cause disposed of under rule 47A as it applies to a cause tried by a judge alone.
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