1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 31
[Subsidiary]
Proctor may apply forthwith by motion for an order rescinding the decree and dismissing the petition.
(6) Rule 33 shall apply to proceedings in respect of a plea by the Queen's Proctor as it applies to the trial of a cause, so however that if all the charges in the plea are denied in the answer the application for directions shall be made by the Queen's Proctor and in any other case it shall be made by the party in whose favour the decree nisi has been pronounced.
62. (1) If any person other than the Queen's Proctor wishes to show cause under section 17 of the Ordinance against a decree nisi being made absolute, he shall file an affidavit stating the facts on which he relies and shall at the same time serve a copy thereof on the party in whose favour the decree was pronounced and in the case of a decree of nullity, if the affidavit alleges collusion, on the other party or parties to the alleged collusion.
(2) A party on whom a copy of an affidavit has been served under paragraph (1) may, within 14 days after service, file an affidavit in answer and, if he does so, he shall at the same time serve a copy thereof on the person showing cause.
(3) The person showing cause may file an affidavit in reply within 14 days after service of the affidavit in answer and, if he does so, he shall at the same time serve a copy thereof on each party who was served with a copy of his original affidavit.
(4) No affidavit after an affidavit in reply shall be filed without leave.
(5) [Deleted, L.N. 78/86]
(6) A person showing cause shall apply to the judge for directions within 14 days after expiry of the time allowed for filing an affidavit in reply or, where no affidavit in answer has been filed, within 14 days after expiry of the time allowed for filing such an affidavit.
(7) If the person showing cause does not apply under paragraph (6) within the time limited, the person in whose favour the decree was pronounced may do so.
(8) [Revoked, L.N. 325/82]
64. (1) Where, after a decree nisi has been pronounced but before it has been made absolute, a reconciliation has been effected between the petitioner and the respondent spouse, either party may apply for an order rescinding the decree by consent.
(2) Where the cause is pending in the district court, the application shall be made on notice to the other spouse and to any other party against whom costs have been awarded or who is otherwise affected by the decree, and where the cause is pending in
Intervention to show cause by person other than Queen's Proctor.
L.N. 135/72. L.N. 78/86.
L.N. 78/86.
L.N. 78/86.
Rescission of decree nisi by consent. L.N. 135/72.
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 31
[Subsidiary]
Proctor may apply forthwith by motion for an order rescinding the decree and dismissing the petition.
(6) Rule 33 shall apply to proceedings in respect of a plea by the Queen's Proctor as it applies to the trial of a cause, so however that if all the charges in the plea are denied in the answer the application for directions shall be made by the Queen's Proctor and in any other case it shall be made by the party in whose favour the decree nisi has been pronounced.
62. (1) If any person other than the Queen's Proctor wishes to show cause under section 17 of the Ordinance against a decree nisi being made absolute, he shall file an affidavit stating the facts on which he relies and shall at the same time serve a copy thereof on the party in whose favour the decree was pronounced and in the case of a decree of nullity, if the affidavit alleges collusion, on the other party or parties to the alleged collusion.
(2) A party on whom a copy of an affidavit has been served under paragraph (1) may, within 14 days after service, file an affidavit in answer and, if he does so, he shall at the same time serve a copy thereof on the person showing cause.
(3) The person showing cause may file an affidavit in reply within 14 days after service of the affidavit in answer and, if he does so, he shall at the same time serve a copy thereof on each party who was served with a copy of his original affidavit.
(4) No affidavit after an affidavit in reply shall be filed without leave.
(5) [Deleted, L.N. 78[86]
(6) A person showing cause shall apply to the judge for directions within 14 days after expiry of the time allowed for filing an affidavit in reply or, where no affidavit in answer has been filed, within 14 days after expiry of the time allowed for filing such an affidavit.
(7) If the person showing cause does not apply under para- graph (6) within the time limited, the person in whose favour the decree was pronounced may do so.
(8) [Revoked, L.N. 325/82]
64. (1) Where, after a decree nisi has been pronounced but before it has been made absolute, a reconciliation has been effected between the petitioner and the respondent spouse, either party may apply for an order rescinding the decree by consent.
(2) Where the cause is pending in the district court, the application shall be made on notice to the other spouse and to any other party against whom costs have been awarded or who is otherwise affected by the decree, and where the cause is pending in
Intervention to show cause by person other than Queen's Proctor.
L.N. 135/72. L.N. 78/86.
L.N. 78/86.
L.N. 78/86.
Rescission of decree nisi by
consent. L.N. 135/72.
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