9. Every writ of attachment issued in a case to which this Order applies shall be made returnable before the
Court; and if a return of non est inventus is made, one or more writs may be issued on the return of the previous
writ.
Order 43
Application for Judicial Review
1. (1) An application for(a) an order of mandamus, prohibition or certiorari; or
(b) an injunction restraining a person from acting in any office in which he is not entitled to act,
shall be made by way of an application for judicial review in accordance with the provisions of this Order.
(2) An application for a declaration or an injunction (not being an injunction mentioned in paragraph (1)(b) of
this rule may be made by way of an application for judicial review, and on such an application the Court may
grant the declaration or injunction claimed if it considers that having regard to(a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus,
prohibition or certiorari;
(b) the nature of the persons and bodies against whom relief may be granted by way of such order; and
(c) all the circumstances of the case, it would be just and convenient for the declaration or injunction to be
granted on an application for judicial review.
2. On an application for judicial review, any relief mentioned in rule 1(1) or (2) of this Order may be claimed as
an alternative or in addition to any other relief mentioned if it a rises out of or relates to or is connected with the
same matter.
3. (1) No application for judicial review shall be made unless the leave of the Court has been obtained in
accordance with this rule.
(2) An application for leave shall be made ex-parte to the Court, except in vacation when it may be made to a
Judge in chambers, and shall be supported(a) by a statement, setting out the name and description of the applicant, the relief sought and the grounds on
which it is sought; and
(b) by affidavit, to be filed with the application, verifying the facts relied on.
(3) The applicant shall file the application not later than the day before the motion is heard and shall at the same
time lodge copies of the statement and every affidavit in support.
(4) The Court hearing an application for leave may allow the applicant's statement to be amended, whether by
specifying different or additional grounds or relief or otherwise on such terms, if any, as it thinks fit.
(5) The Court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to
which the application relates.
(6) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any
judgment, order, conviction or other proceedings which is subject to appeal and a time is limited for the bringing
of the appeal, the Court may adjourn the application for leave until the appeal is determined or the time for
appealing has expired.
(7) If the Court grants leave, it may impose such terms as to costs and as to giving security as it thinks fit.
(8) Where an application for leave is refused by a Judge in chambers the applicant may make a fresh application
to another Judge in Court.