(7) Consequences of Non-Attendance of the Parties
If all the parties or any of them fail to appear at the hearing, the Court may proceed
to dispose of the case in one of the following ways:
x
dismiss the claim or application ─ where neither Party appears [Rule 61(1)];
x
dismiss the claim or application, but proceed with the Respondent’s counter
claim where only the Respondent but not the Claimant /Applicant appears
[Rule 61(2)];
x
proceed with the case, but dismiss the counter claim where only the
Claimant/Applicant (but not the Respondent) appears [Rule 61(3)].
proceed to determine the dispute or reference forthwith even if a Party fails to
produce evidence or to cause the attendance of its witnesses, or to perform
any other act necessary to further the progress of the case, [Rule 66(3)].
x
x
The above dismissals may subsequently be set aside and the status quo
restored, if the Court is satisfied, upon application, that the absent Party was
prevented by sufficient cause from appearing [Rule 61(2), (3), (4) & (6)].
27. The Court’s Judgments, Rulings, Decisions, Decrees and Orders
(1) Pronouncement and Contents of a Judgment [Rule 68]
Judgment is normally delivered within 60 days from the conclusion of the hearing
[Rule 68(1)].
The Court may give its judgment forthwith at the close of the hearing of the case; or
subsequently on notice to the parties [Rule 68(2)].
Occasionally, the Court may, deliver only the decision of the Court and leave the
reasons for the judgment to be given on a later date. Such date is notified by the
Registrar to the parties. This normally happens when the time is too short for a
comprehensive reasoned judgment, especially where an injunction or Court decision
is urgently required to avoid an empty decree [Rule 68(3)].
Except for an order of a single judge, the Court gives one judgment signed by the
Judges who participated in the case. A Judge dissenting is not required to sign the
judgment, and may write a dissenting judgment [Rule 68(4)].
Judgments of the Court (including dissenting judgments) are sealed with the seal of
the Court and deposited in the registry. The Registrar provides the parties with
certified copies of the judgment [Rule 68(5)].
(2) Contents of an order
Decisions of the Court are embodied in an order.
The order is dated with the date the decision was delivered; contains particulars of
the case (e.g. the Parties, their lawyers/agents, the facts, the issues for
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