presiding Judge and are kept and maintained by the Registrar.
proceedings in camera are not published [Rule 60(2)].
The record of
A. Pre - Trial Proceedings in the First Instance Division [Rule 53]
(1) Scheduling Conference of the First Instance Division
Before commencement of the substantive proceedings, the First Instance
Division is required to hold a scheduling conference within 14 days after the
close of pleadings. The conference seeks to ascertain:
x points of agreement and disagreement between the Parties;
x the possibility of mediation, conciliation or any other form of settlement;
x whether evidence is to be oral or by affidavit;
x whether legal argument shall be written or oral, or both;
x the estimated length of the hearing;
x any other matter(s) the Division deems necessary.
If the case has good potential for settlement, the Division directs that the case
proceed to Mediation or other form of settlement [Rule 53(2)].
If the matter is to proceed to hearing the Division fixes the date for the
commencement of hearing [Rule 53(3)].
Where there is no need for evidence and all the parties opt to present their
respective legal arguments in writing, the Court prescribes the time within which
each party is to file its written legal arguments; and may fix the date(s) on which the
parties shall appear before the Court (comprising three Judges) to deal with any
other matter the Court thinks necessary [Rule 53(4)].
(2) How does the Court fix the date(s) for Oral Proceedings? [Rule 55]
Prior to the opening of oral proceedings, the Court meets in chambers for:
x
x
x
an exchange of views concerning the written pleadings and the conduct of the
case [Rule 55 (1)].
fixing the hearing date(s) for the oral proceedings to take place, if possible,
within a period not exceeding 6 months from the close of pleadings [Rule 55
(2)].
when fixing the date(s) for the opening of the oral proceedings or postponing
the opening or continuance of such proceedings, the Court takes into account:
x
x
x
x
the need to avoid unnecessary delay;
any special circumstances, including the urgency of the case or other
cases on the list of cases;
the views expressed by the parties; and
the need to administer substantive justice without undue regard to
technicalities [Rule 55(3); see also Rule 1(2)].
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