Where anton piller order is applied for.
(2)
In an application for anton piller order, the applicant shall in addition show:
(a) that he has a strong prima facie case,
(b)
that he may suffer serious damages,
(c)
that the defendant has incriminating documents and that there is a real possibility that the
defendant may destroy such material before the discovery process.
Arguments on motion.
9.
Any party moving the Court ex parte may support his motion by argument addressed to the
Court on the facts put in evidence, and no party to the suit or proceedings, although present,
other than the party moving, shall be entitled to be heard.
Orders on ex parte motion.
10.
Where a motion is made ex parte, the Court may make or refuse to make the order sought, or may
direct the motion to be made on notice to the parties to be affected thereby or may grant an order to
show cause why the order sought should not be made.
Court may vary or discharge order.
11.
Where an order is made on a motion ex parte, any person affected by it may, within seven days
after service of it, or within such further time as the Court shall allow, apply to the Court by motion
to vary or discharge it; and the Court may, on notice to the party obtaining the order, either
refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to
costs or security, or otherwise, as seems just.
Duration of ex parte order.
12.
(1) No order made on motion ex parte shall last for more than fourteen days after the party or
person affected by the order has applied for the order to be varied or discharged or last for
another fourteen days after application to vary or discharge it has been argued.
(2)
If a motion to vary or discharge an ex parte order is not taken within fourteen days of its being
filed, the ex parte order shall lapse.
C - ORDER TO SHOW CAUSE
Return day to be specified.
13.
An order to show cause shall specify a day when cause is to be shown, to be called the return day to
the order, which shall ordinarily be not less than three days after service.
Counter Evidence