CAP. 255]
[Sch. cont.]
Landlord and Tenant.
33. Every witness is first examined-in-chief by the party calling him. After the conclusion of the examination-in-chief the opposing side has the right to cross-examine.
34. After the cross-examination, the party calling the witness has the right to re-examine him if any new fact arises out of the cross-examination or in explanation of any part of his cross-examination, but the re-examination must be strictly confined to matters arising out of the cross-examination. After the re-examination, no further questions shall be asked of any witness, except by leave of and through the tribunal, but the tribunal is at liberty at any stage of the proceedings to put all such questions to any witness as may be necessary in order to elicit all facts of the case. The tribunal may at any time recall a witness for further questioning. When any document is produced to the tribunal, it shall be read and admitted as evidence if relevant and if it appears to the tribunal to be a genuine document.
35. The tribunal may take into consideration any matter which it considers relevant to the application before it notwithstanding that such matter is not strictly admissible under the law relating to evidence: Provided that nothing contained in this rule shall preclude the court upon any appeal from disregarding anything so admitted if it considers such course desirable in the interests of justice.
Hearing.
36. (1) If at the hearing the applicant appears, but the opponent does not appear, the tribunal shall, before hearing the application, inquire into the service of the application on the absent party.
(2) The tribunal if not satisfied as to service, may adjourn the hearing to permit of such further service as it may direct; but if so satisfied, may proceed to hear the application notwithstanding the absence of the opponent.
37. If at the hearing the applicant does not appear and the opponent appears and does not admit the application, the tribunal may in its discretion dismiss or adjourn the application upon such terms as to the tribunal shall seem fit.
Amendments.
38. The tribunal may at any stage of the hearing and in such manner and upon such terms as may be just, allow all such amendments to be made as may be necessary for the purpose of determining the real question in controversy between the parties.
Orders.
39. (1) Every order made by the tribunal shall be noted in the notes of the proceedings, at the time when the order is made. (2) Every such order shall have the full force and effect of a formal order.
40. The court may at any time cause a formal order to be drawn up on the application of any party. A formal order shall be certified by affixing thereto the seal of the tribunal and shall be signed by the chairman. An order shall bear the date of the delivery of the decision on which the order is founded.
Case Stated.
41. When a case has been stated under subsection (5) of section 27 it shall be the duty of the chairman to supply a copy thereof
Page 92
CAP. 255]
[Sch. cont.]
Landlord and Tenant.
33. Every witness is first examined-in-chief by the party calling him. After the conclusion of the examination-in-chief the opposing side has the right to cross-examine.
34. After the cross-examination, the party calling the witness has the right to re-examine him if any new fact arises out of the cross-examination or in explanation of any part of his cross- examination, but the re-examination must be strictly confined to matters arising out of the cross-examination. After the re-examina- tion, no further questions shall be asked of any witness, except by leave of and through the tribunal, but the tribunal is at liberty at any stage of the proceedings to put all such questions to any witness as may be necessary in order to elicit all facts of the case. The tribunal may at any time recall a witness for further questioning. When any document is produced to the tribunal, it shall be read and admitted as evidence if relevant and if it appears to the tribunal to be a genuine document.
35. The tribunal may take into consideration any matter which it considers relevant to the application before it notwithstanding that such matter is not strictly admissible under the law relating to evidence: Provided that nothing contained in this rule shall preclude the court upon any appeal from disregarding anything so admitted if it considers such course desirable in the interests of justice.
Hearing.
36. (1) If at the hearing the applicant appears, but the opponent does not appear, the tribunal shall, before hearing the application, inquire into the service of the application on the absent party.
(2) The tribunal if not satisfied as to service, may adjourn the hearing to permit of such further service as it may direct; but if so satisfied, may proceed to hear the application notwithstanding the absence of the opponent.
37. If at the hearing the applicant does not appear and the opponent appears and does not admit the application, the tribunal may in its discretion dismiss or adjourn the application upon such terms as to the tribunal shall seem fit.
Amendments.
38. The tribunal may at any stage of the hearing and in such manner and upon such terms as may be just, allow all such amendments to be made as may be necessary for the purpose of determining the real question in controversy between the parties.
Orders.
39. (1) Every order made by the tribunal shall be noted in the notes of the proceedings, at the time when the order is made. (2) Every such order shall have the full force and effect of a formal order.
40. The court may at any time cause a formal order to be drawn up on the application of any party. A formal order shall be certified by affixing thereto the seal of the tribunal and shall be signed by the chairman. An order shall bear the date of the delivery of the decision on which the order is founded.
Case Stated.
41. When a case has been stated under subsection (5) of section 27 it shall be the duty of the chairman to supply a copy thereof
92
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