Cap. 12 ст. 195Trial of causes.

(1) A cause the written pleadings of which have been concluded shall be set down either for pre-trial hearings or for trial hearings as may be provided in regulations and shall be brought to a conclusion as expeditiously as possible:

Provided that in causes before the courts of inferior jurisdiction, the conclusion of the written pleadings shall take place when the party to be notified of the relative cause has been so notified in accordance with the provisions of this Code.

(2) (a) The Court shall -

(i) at the first hearing of both at first instance as well as at the court of appeal stage, make a record stating the parties who have been served with the application, with the application on oath or with the application on appeal as the case may be and, if it is determined that there are any parties who have not been so served, give such orders as it may deem fit so that services may be effected or other acts prepared; and

(ii) at the first hearing of both the pre-trial stage and the trial stage, plan in advance, after consulting with the advocates of the parties, all the sittings to be held as well as the projected date of judgement and shall also direct the parties on what evidence and submissions it expects to be made at each sitting: Provided that the court shall, for grave reasons to be expressly stated in the records of the case or for reasons of urgency, call any other sittings and request any other evidence or submissions it deems fit.

(b) The Court may delegate its functions under paragraph

(a) to a judicial assistant.

(3) Unless rules of court are made under article 29, all causes shall be appointed for hearing within two months and sittings shall be held on a bi-monthly basis.

(4) The date and time for the hearing shall be determined at least two months prior to the date fixed for the hearing, provided that the court may decide, either where it deems to be appropriate or after consultation with the advocates of the parties or in any other case where the cause is to be heard with urgency, to fix an earlier date, and where such date and time has been so fixed, no adjournment of the hearing shall be granted except for grave and exceptional reasons to be stated in the records of the case:

Provided that in causes which are to be heard with urgency the said period of two months shall not apply.

(5) (a) Where a cause has been pending before a particular court for three or more years, any party to the case may, personally, and without the need of representation by any advocate, present an application, (which application shall, however, not form part of the acts of the case) to the Chief Justice requesting that, for the simple reason that the cause has taken so long, the presiding member of the court be changed and the case assigned to another member of the judiciary; the decision of the Chief Justice, which shall be taken in shall be final and conclusive; and where such camera, assignment takes place there shall be no need for any notification of such assignment.

(b) Where a cause has been pending for judgment before a particular court for eighteen months or more, any party to the case may, personally, and without the need of representation by any advocate, present an application, (which application shall, however, not form part of the acts of the case) to the Chief Justice for this purpose, and the Chief Justice may, for the simple reason that the judgment has taken so long to be delivered, allow the request for the presiding member of the court to be changed and for the case for judgment to be assigned to another member of the judiciary; the decision of the Chief Justice, which shall be taken in camera, shall be final and conclusive; and where such assignment takes place there shall be no need for any notification of such assignment.

(c) The Chief Justice shall draw up a yearly report on any causes transferred in accordance with the provisions of paragraphs (a) and (b), detailing the possible reasons for such delays, and shall send the report to the Commission for the Administration of Justice. The Commission shall take such action as it may deem appropriate in accordance with the provisions of the Commission for the Administration of Justice Act, and shall, within three months, publish such report.

(6) Nothing in this article contained shall preclude the court from deciding a cause on the day fixed for first hearing where the claim is not contested or the court is satisfied that the plaintiff has no claim or the defendant has no valid defence.

(7) Where, after the written pleadings of an appeal are deemed to be concluded, the Court of Appeal considers an appeal to be frivolous and vexatious, the Court of Appeal may dismiss the appeal in open court on the day fixed for the first hearing.