2.
(1) Whereby these Rules an application is authorized to be made to the Court or to a judge in
Chambers, such application may be made by motion.
Motion list
(2)
The Registrar shall make up, for each day on which there are motions to be heard, a motion list, on
which he shall enter the names of each cause in which a motion is made, the party moving and the
terms of the order sought by him.
Affidavit and written address.
3.
Every motion shall be supported by an affidavit setting out the grounds on which the party
moving intends to rely and such motion shall be filed along with a written address.
Affidavit to be served with motion and written address.
4.
Where service of a motion is required by these Rules or directed by the Court or a Judge, the
motion shall be served together with all affidavits on which the party moving intends to rely,
as well as with a written address.
Counter affidavit to motion.
5.
A party on whom a motion has been served as per the preceding rules of this order and who
intends to reply may do so by filing his written address in reply along with a counter affidavit if
he so wishes and shall do so, not later than seven days from the serve of the motion on him.
Hearing of motions.
6.
A motion may be heard at any time while the Court is sitting.
Motion to be on notice except in emergency.
7.
(1) No motion shall be made without previous notice to the parties affected thereby.
(2)
Notwithstanding sub-rule 1 of this rule, the Court may, if satisfied that to delay the motion till after
notice is given to the parties affected would entail irreparable damage or serious mischief to the
party moving, make an order ex parte upon such terms as to costs or otherwise and subject to rule
12 of this order, and upon such undertakings, as the justice of the case demands.
(3)
No application for an injunction shall be made ex parte unless the applicant files with it a
motion on notice in respect of the application.
B - EX PARTE MOTIONS
Affidavit in support of ex parte motion.
8.
(1) A motion ex parte, shall be supported by an affidavit which, in addition to the requirements of
rule 3 of this order, shall state sufficient grounds why delay in granting the order sought would entail
irreparable damage or serious mischief to the party moving.