Interlocutory application.
8.
Any interlocutory application in proceedings on an application for judicial review may be
made to the judge.
Hearing of application for judicial review.
9.
(1) On the hearing of any motion or summons under rule 5, any person who desires to be heard on
the motion or summons, and appears to the judge to be a proper person to be heard, shall be heard
notwithstanding that he has not been served with notice of the motion or the summons.
(2)
Where the relief sought is or includes an order of certiorari to remove any proceedings for the
purpose of quashing them, the applicant may not question the validity of any order, warrant,
commitment, conviction, inquisition or record unless before the hearing of the motion or summons
he has filed a copy thereof verified by affidavit or account for his failure to do so to the
satisfaction of the judge hearing the motion of summons.
(3)
Where an order of certiorari is made in any such case as is referred to in sub-rule (2), the order
shall, subject to sub rule 4, direct that the proceedings shall be quashed forthwith on their
removal into court.
(4)
Where the relief sought is an order of certiorari and the judge is satisfied that there are grounds
for quashing the decision to which the application relates, the judge may, in addition to quashing
it. Remit the matter to the Court, tribunal or authority concerned with a direction to
reconsider it and reach a decision in accordance with the findings of the judge.
(5)
Where the relief sought is a declaration, an injunction or damages and the judge considers that it
should not be granted on an application for judicial review but might have been granted if it had
been sought in an action begun by writ by the applicant at the time of making his
application, the judge may, instead of refusing the application, order the proceedings to
continue as if they had been begun by writ.
Person acting in obedience to an order of mandamus.
10.
No action or proceeding shall be brought or prosecuted against any person in respect of anything
done in obedience to an order of mandamus.
Consolidation of applications.
11.
Where there is more than one application pending against several persons in respect of the same
matter and on the same grounds, the judge may order the applications to be consolidated.
ORDER 35
COMMITTAL FOR CONTEMPT OF COURT
Committal for contempt of Court.
1.
(1) the power of the Court to punish for contempt of court may be exercised by an order of
committal.