Power of Court to non-suit.
1.
When- satisfactory evidence is not given entitling the p l a i n t i f f or the defendant to the
Judgment of the Court, the judge may on his own motion or upon application in Hi suit the
plaintiff, but the parities or their counsel shall have the right to make submissions on the propriety or
otherwise of making such order.
ORDER 22
FILING OF WRITTEN ADDRESS
Power to order for written addresses
1.
The Court shall have the power to order for the filing of written addresses in all cases.
Court to order written addresses.
2.
The court shall at the trial of any case whether by writ or originating summons, petitions,
originating motion or otherwise order the filing of written addresses by the parties in support of or
in defence to a claim.
Written address by the other party.
3.
Where the other party calls evidence he shall within twenty one days after the close of evidence file a
written address.
Written address by party beginning.
4.
Upon being served with other party's written address the party beginning shall within twenty
one days file his reply address.
Right of reply.
5.
The party who files the first address shall have a right of reply on points of law only. The reply shall
be filed within seven days after service of the other party's address.
Content of written address.
6.
(i)
(ii)
(iii)
A written address shall be printed in black ink on high quality white opaque A4 size paper and
set out in sub paragraphs numbered serially and shall contain:
The claim or application on which the address is based;
a brief statement of the facts with reference to the exhibit attached to the application or tendered at
the trial; the issues arising from the evidence for determination, and
A succinct statement or argument on each issue incorporating the purport of the authorities
referred to together with full citation of each such authority.
Summary of Address.