Statutory Instrument 143A of 2004.[CAP.7:01 Administrative Court (Land Acquisition) (Amendment)
It is hereby notified that the Chief Justice and the Minister of Justice, Legal and Parliamentary Affairs have, in terms of section 12 of the Administrative Court Act [Chapter 7:01], approved the following rules made by the Presidents of the Administrative Court:- 1) These rules may be cited as the Administrative Court (Land Acquisition) (Amendment) Rules, 2004 (No.1). 2) The Administrative Court (Land Acquisition) Rules, 1998, published in Statutory Instrument 394 0f 1998 (hereinafter called “ the principal rules”) are amended in rule 2 by the insertion of the following subsection after subrule (3)- “(4) Where anything is required by these rules to be done within a particular number of days, a Saturday, Sunday or public holiday shall not be reckoned as part of such period.”.3) Rule 4 of the principal rules is amended – (a) by the deletion of the heading and the substitution of “Application to Court for authorising or confirming order, and set-down and hearing thereof’:(b) in subrule (3) by the deletion of “fifteen days” and the substitution of “five days”;(c) by the insertion of the following subrules after subrule (3)-“(4) An application for an authorising or confirming order shall not be set down for hearing unless-(a) where an applicant is to be represented by a legal practitioner at the hearing of the application, the legal practitioner-(i) within two days of receiving a notice of opposition to the grant of an authorising or confirming order, lodges with the Registrar heads of argument clearly outlining the submissions he intends to rely on and setting out the authorities, if any, which he intends to cite; and(ii) immediately afterwards, delivers a copy of the heads of argument to the person (hereinafter called “the respondent”) opposing the grant of an authorising or confirming order and lodges with the Registrar proof of such delivery;(b) where a respondent is to be represented by a legal practitioner at the hearing of the application, the legal practitioner-(i) within two days of receiving a copy of the heads of argument in terms subparagraph (ii) of paragraph (a), lodges with the Registrar heads of argument clearly outlining the submissions he intends to rely on and setting out the authorities, if any, which he intends to cite; and(ii) immediately afterwards, delivers a copy of the heads of argument to the applicant and lodges with the Registrar proof of such delivery. (5) Where heads of argument that are required to be lodged in terms of paragraph (b) of subrule (4) are not lodged within the period specified in that provision, the respondent concerned shall be barred and the Court may deal with the matter on the merits. (6) Where an applicant or respondent is not to be represented at the hearing by a legal practitioner, he may, if he so wishes, lodge heads of argument with the Registrar, in which event he shall comply with paragraph (a) or paragraph (b), as the case may be, of subrule (4). (7) After the affidavits referred to in subrules (1) and (3) and heads of argument referred to in subrule (4) have been lodged with the Registrar, no further papers may be lodged without the leave of the Court. (8) As soon as possible after the time has elapsed for- (a) a person who wishes to object to the grant of an authorising or confirming order to lodge a notice in terms of subrule (3); or(b) a person to lodge heads of argument where he is required or chooses to do so in terms of subrule (4) or (6);as the case may be, the Registrar shall set the matter down for hearing on a date and at a time and place selected by him in accordance with any instructions given to him by a President of the Court, and he shall forthwith give notice of the date, time and place to the parties to the application: Provided that all the parties shall receive not less than five days’ notice of the date, time and place of hearing. (9) A legal practitioner shall not be precluded from making a submission or citing an authority that was not outlined or set out in the heads of argument lodged in terms of subrule (4), unless the Court considers that-(a) the submission or authority was omitted from the heads of argument with the intention of misleading the other party; or(b) to permit the legal practitioner to make the submission or cite the authority would prejudice the other party in a manner that could not be remedied adequately by a postponement or an appropriate order of costs. (10) At the hearing of an application for an authorising or confirming order-(a) unless the Court otherwise orders, the applicant shall be heard in argument in support of the application, and thereafter the respondent’s argument against the application shall be heard and the applicant shall be heard in reply(b) the Court may allow oral evidence:Provided that if one of the parties has been barred the Court shall deal with the application as though it was unopposed.”. 4. Rule 5 of the principal rules is repealed. 5. Rule 9 of the principal rules is repealed. 6. Rule 10 of the principal rules is amended in subrule (1) by the repeal of paragraph (b). 7. Rule 11 of the principal rules I amended –(a) by the deletion of the heading and the substitution of “Heads of argument in matters other than applications for authorising or confirming orders”;(b) in subsection (1) by the insertion after “to which these rules apply” of “(other than an application governed by rule 4)”. 8. The Administrative Court (Land Acquisition) Rules, 1998, as amended by these rules, shall apply to every application for an authorising or confirming order under section 7 of the Land Acquisition Act [Chapter 7:01] that has not been determined on the date of commencement of these rules: Provided that any papers already lodged with the Registrar of the Administrative Court on such date shall not be required to be lodged again.