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Neither the reply nor the rejoinder, shall repeat the Parties’ earlier
contentions. Rather, each shall be directed to bringing out unresolved issues
that still divide the Parties.
21. Do the Parties have to pay in order for the Court to fix a trial date?
Not at all. It is the responsibility of the Court to fix the trial date(s) after giving due
regard to the views of the Parties, and to any special circumstances, including the
urgency of the case. Once the trial is fixed, all the Parties in the case are informed of
the date(s) by the Registrar [Rule 55].
22. How should you address the Court’s officials?
If you are a Claimant, Respondent, or Witness, you may be required to speak at
some point known as giving evidence. Some times before the hearing, the Court
will have asked you to write down what you intend to say known as a Witness
statement and to give it to all involved in the case.
Before the hearing, the Court will advise you when and how you should do this.
23. What are the Titles of the people you will meet at the hearing?
For the Judge(s): My Lord(s)/Your Lordship(s)
For a Registrar: Your Worship
For the Attorney General: (of a Partner State): Learned Attorney [General]
For the Solicitor General (of a Partner State): Learned Solicitor [General]
For the Advocates including Counsel to the Community: Learned counsel
For the person bringing a claim: The Applicant or Claimant
For the person disputing a claim: The Respondent or Defendant.
24. How does the Court hearing proceed?
One party, usually the Claimant, first begins [Rule 62]. He states his case and
produces his evidence ─ including calling his witness(es) to give evidence. The
Respondent questions the Claimant (in cross-examination). If there is anything
that is not clear, the Claimant may re-examine the witness further; and/or comment
on any new points raised [Rule 63].
As the witnesses give evidence, the judge(s) take down notes. Simultaneously, a full
audio recording of the proceedings is made [Rule 65]. If the case is not finished for
each hearing, a new date is set when the hearing will be continued. That process is
known as Adjournment. The Court will always fix a specific date when the case will
carry on. If any date is fixed at a later stage then the Court will notify all the parties of
the new date.
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