1983 Ed.]
District Court Civil Procedure (General) Rules
CAP. 336
A 21
[Subsidiary]
42. [Revoked, L.N. 182/70]
Postponement of trial, withdrawal of claim and directions
43. In any proceedings in the Court it shall not be necessary to issue a summons applying for the postponement of a trial and an application to postpone the trial of any action may be made orally and without any preliminary formality so long as proper notice of such application has been given to the other party in such proceedings.
44. (1) A plaintiff or a defendant may, at any time before judgment is entered and without the leave of the Court, withdraw his claim or counterclaim by giving notice in writing to the Registrar, and to every party against whom he desires to discontinue.
(2) If any claim or counterclaim be settled upon terms, such terms may be made an order of the Court upon application by the parties either orally or in writing signed by all the parties.
(3) It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list all available information as to the action being or being likely to be settled, or affecting the estimated length of the trial, and, if the action is settled or withdrawn, to notify that officer of the fact without delay and take such steps as may be necessary to withdraw the record.
44A. (1) For the purposes of exercising any of the powers granted by rules 25, 26, 27 and 28, the Court may, upon giving not less than 3 days' notice, require any party to an action to attend before the Court.
(2) Any party to an action may, at any stage before the trial of the action and upon giving not less than 3 days' notice to all other parties, apply to the Court for directions.
(3) Upon an application under paragraph (2), the Court shall give such directions upon such terms as it thinks fit.
Summons to postpone not necessary. L.N. 182/70.
Withdrawal of claim, etc. L.N. 182/70.
Directions and summary judgment. L.N. 182/70.
Trial
45. [Revoked, L.N. 182/70]
46. (1) It shall not be necessary for the judge in any proceedings in the Court to make a verbatim note of the oral evidence adduced but it shall be sufficient if he records the substance thereof in so far as it appears to him to be relevant.
(2) [Deleted, L.N. 182/70]
(3) Order 68 of the Rules of the Supreme Court shall not apply to any proceedings in the Court unless in any case the judge otherwise orders.
Notes of evidence.
1983 Ed.]
District Court Civil Procedure (General) Rules
ICAP. 336
A 21
[Subsidiary]
42. [Revoked, L.N. 182[70]
Postponement of trial, withdrawal of claim and directions
43. In any proceedings in the Court it shall not be necessary to issue a summons applying for the postponement of a trial and an application to postpone the trial of any action may be made orally and without any preliminary formality so long as proper notice of such application has been given to the other party in such proceedings.
44. (1) A plaintiff or a defendant may, at any time before judgment is entered and without the leave of the Court, withdraw his claim or counterclaim by giving notice in writing to the Registrar, and to every party against whom he desires to discontinue.
(2) If any claim or counterclaim be settled upon terms, such terms may be made an order of the Court upon application by the parties either orally or in writing signed by all the parties.
(3) It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list all available information as to the action being or being likely to be settled, or affecting the estimated length of the trial, and, if the action is settled or withdrawn, to notify that officer of the fact without delay and take such steps as may be necessary to withdraw the record.
44A. (1) For the purposes of exercising any of the powers granted by rules 25, 26, 27 and 28, the Court may, upon giving not less than 3 days' notice, require any party to an action to attend before the Court.
(2) Any party to an action may, at any stage before the trial of the action and upon giving not less than 3 days' notice to all other parties, apply to the Court for directions.
(3) Upon an application under paragraph (2), the Court shall give such directions upon such terms as it thinks fit.
Summons to
postpone not necessary. L.N. 182/70.
Withdrawal of claim, etc.
L.N. 182/70.
Directions and summary judgment.
L.N. 182/70.
Trial
45. [Revoked, L.N. 182/70]
46. (1) It shall not be necessary for the judge in any proceed- ings in the Court to make a verbatim note of the oral evidence adduced but it shall be sufficient if he records the substance thereof in so far as it appears to him to be relevant.
(2) [Deleted, L.N. 182[70]
(3) Order 68 of the Rules of the Supreme Court shall not apply to any proceedings in the Court unless in any case the judge otherwise orders.
Notes of evidence.
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