On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/04/2006.
ORDER 55A
APPLICATIONS TO HIGH COURT
BY CASE STATED
BY CASE STATED
1.
—(1) Subject to paragraphs (2) and (4), this Order shall apply to every application for an order to state a case and application by way of case stated which under any written law lies to the High Court from any tribunal or person.
(2) This Order shall not apply to an application arising out of proceedings in a Subordinate Court constituted under the Subordinate Courts Act (Chapter 321).
(3) Rules 2 to 6 shall, in relation to an application to which the Order applies, have effect subject to any provision made in relation to that application by any other provision of these Rules or under any written law.
(4) In this Order, references to a tribunal shall be construed as references to any tribunal constituted under any written law other than any of the ordinary courts of law.
2.
—(1) An application to the Court for an order directing a Minister, tribunal or other person to state a case for determination by the Court or to refer a question of law to the Court by way of case stated must be made by originating summons supported by an affidavit; and the persons to be served with the originating summons are the Minister, secretary of the tribunal or other person, as the case may be, and every party (other than the applicant) to the proceedings to which the application relates.
(2) The supporting affidavit must state the grounds of the application, the question of law on which it is sought to have the case stated and any reasons given by the Minister, tribunal or other person for his or its refusal to state a case, if any.
3.
—(1) A case stated by a tribunal must be signed by the chairman or president of the tribunal, and a case stated by any other person must be signed by him or by a person authorised in that behalf to do so.
(2) The case must be served on the party at whose request, or as a result of whose application to the Court, the case was stated; and if a Minister, tribunal, arbitrator or other person is entitled by virtue of any enactment to state a case, or to refer a question of law by way of case stated, for determination by the High Court without request being made by any party to the proceedings before that person, the case must be served on such party to those proceedings as the Minister, tribunal, arbitrator or other person, as the case may be, thinks appropriate.
(3) When a case is served on any party under paragraph (2), notice must be given to every other party to the proceedings in question that the case has been served on the party named, and on the date specified, in the notice.
4.
—(1) Proceedings for the determination by the High Court of a case stated, or a question of law referred by way of case stated, by a Minister, tribunal, arbitrator or other person must be begun by originating summons by the person on whom the case was served in accordance with Rule 3(2) or, where the case is stated without a request being made, by the Minister, secretary of the tribunal, arbitrator or other person by whom the case is stated.
(2) The applicant shall serve the originating summons under paragraph (1), together with a copy of the case, on —
(a)
the Minister, secretary of the tribunal, arbitrator or other person by whom the case was stated, unless that Minister, tribunal, arbitrator or other person is the applicant;
(b)
every party (other than the applicant) to the proceedings in which the question of law to which the case relates arose; and
(c)
any other person (other than the applicant) served with the case under Rule 3(2).
(3) The originating summons must set out the applicant’s contentions on the question of law to which the case stated relates.
(4) The originating summons must be filed and served within 14 days after the case stated was served on the applicant.
(5) If the applicant fails to file the originating summons within the period specified in paragraph (4) then, after obtaining a copy of the case from the Minister, tribunal, arbitrator or other person by whom the case was stated, any other party to the proceedings in which the question of law to which the case relates arose may, within 14 days after the expiration of the period so specified, begin proceedings for the determination of the case, and paragraphs (1) to (4) shall have effect accordingly with the necessary modifications.
The references in this paragraph to the period specified in paragraph (4) shall be construed as including references to that period as extended by any order of the Court.
(6) Unless the Court having jurisdiction to determine the case otherwise directs, the originating summons shall not be heard sooner than 7 days after service thereof.
5. The Court hearing a case stated by a Minister, tribunal, arbitrator or other person may amend the case or order it to be returned to that person for amendment, and may draw inferences of fact from the facts stated in the case.
6. In proceedings for the determination of a case stated, or of a question of law referred by way of case stated, the Minister, chairman or president of the tribunal, arbitrator or other person by whom the case was stated shall be entitled to appear and be heard.