PROVISIONS RELATING TO COURT PROCEEDINGS
—(1) Where any written law which provides for an application in any civil proceedings to be made to a Court —
does not prescribe the process by which the application is to be made; or
prescribes that the application is to be made by way of a petition, a motion, an originating motion or a summons in chambers,
that written law shall, in relation to any such application that is made thereunder on or after 1st January 2006, be deemed to require that the application shall be made —
by way of an originating summons, if it commences the proceedings; or
by way of a summons, if it is made in proceedings that are pending.
(2) Where pursuant to subsection (1) an application is made to a Court under any written law by way of an originating summons or a summons —
the application shall be made in accordance with the Rules of Court;
the Court may give to the parties to the application such directions as the Court thinks just and expedient for the purpose of facilitating the progress of the application as an application made by originating summons or summons, as the case may be; and
any provision in that written law which relates to the practice and procedure for making such an application and which is inconsistent with this section or with the Rules of Court shall, to the extent of the inconsistency, have no effect in relation to that application.
(3) Subsections (1) and (2) shall not apply to —
petitions of appeal; or
such other class or classes of applications to or proceedings in the Court as may be prescribed under subsection (7).
(4) Nothing in this section shall prevent any relief obtainable by way of an application to a Court under any written law from being included as one of the reliefs sought in a writ of summons by which an action is commenced before the Court.
(5) For the avoidance of doubt, any application that —
was made to a Court before 1st January 2006 under any written law to which subsection (1) applies; and
is pending before the Court on or after that date,
shall, unless otherwise ordered by the Court, continue to proceed in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to that application immediately before that date, until the application is finally disposed of by the Court.
(6) In this section, “Court” means —
the Court of Appeal or a Judge of Appeal;
the High Court or a Judge thereof;
a District Court;
a Magistrate’s Court; and
such other court as may be prescribed.
(7) The Minister charged with the responsibility for law may, by order published in the Gazette, prescribe —
the class or classes of applications to or proceedings in the Court to which this section shall not apply; and
any other court in relation to which this section shall apply.
41B. As from 1st January 2006, the prerogative orders or writs issuable by the High Court as listed in the first column below shall be referred to by the corresponding expressions as set out in the second column and, in all written laws, the expressions as set out in the second column shall be construed accordingly:
(d) writ of habeas corpus
Order for Review of Detention.