- Chapter: 336H THE RULES OF THE DISTRICT COURT
- Order: 1 CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS
- Order: 1A OBJECTIVES
- Order: 1B CASE MANAGEMENT POWERS
- Order: 2 EFFECT OF NON-COMPLIANCE
- Order: 3 TIME
- Order: 4 TRANSFER AND CONSOLIDATION OF PROCEEDINGS
- Order: 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT
- Order: 5A RIGHT TO ACT IN PERSON
- Order: 6 WRITS OF SUMMONS: GENERAL PROVISIONS
- Order: 7 ORIGINATING SUMMONSES: GENERAL PROVISIONS
- Order: 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS
- Order: 9 PETITIONS: GENERAL PROVISIONS
- Order: 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS
- Order: 11 SERVICE OF PROCESS, ETC., OUT OF JURISDICTION
- Order: 12 ACKNOWLEDGMENT OF SERVICE OF WRIT OR ORIGINATING SUMMONS
- Order: 13 FAILURE TO GIVE NOTICE OF INTENTION TODEFEND
- Order: 13A ADMISSIONS IN CLAIMS FOR PAYMENT OF MONEY
- Order: 14 SUMMARY JUDGMENT
- Order: 14A DISPOSAL OF CASE ON POINT OF LAW
- Order: 15 CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES
- Order: 16 THIRD PARTY AND SIMILAR PROCEEDINGS
- Order: 17 INTERPLEADER
- Order: 18 PLEADINGS
- Order: 19 DEFAULT OF PLEADINGS
- Order: 20 AMENDMENT
- Order: 21 WITHDRAWAL AND DISCONTINUANCE
- Order: 22 OFFERS TO SETTLE AND PAYMENTS INTO COURT
- Order: 22A MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT
- Order: 23 SECURITY FOR COSTS
- Order: 23A (Repealed L.N. 153 of 2008)
- Order: 24 DISCOVERY AND INSPECTION OF DOCUMENTS
- Order: 25 CASE MANAGEMENT SUMMONS AND CONFERENCE
- Order: 26 INTERROGATORIES
- Order: 27 ADMISSIONS
- Order: 28 ORIGINATING SUMMONS PROCEDURE
- Order: 29 INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, INTERIM PAYMENTS,ETC.
- Order: 30 RECEIVERS
- Order: 31 SALES, ETC. OF LAND BY ORDER OF COURT
- Order: 32 INTERLOCUTORY APPLICATIONS AND OTHER PROCEEDINGS IN CHAMBERS
- Order: 33 PLACE AND MODE OF TRIAL
- Order: 34 SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT
- Order: 35 PROCEDURE AT TRIAL
- Order: 36 TRIALS BEFORE AND INQUIRIES BY MASTER WITH CONSENT OF PARTIES
- Order: 37 DAMAGES: ASSESSMENT AFTER JUDGMENT ANDORDERS FOR PROVISIONAL DAMAGES
- Order: 38 EVIDENCE
- Order: 39 EVIDENCE BY DEPOSITION
- Order: 40 COURT EXPERT
- Order: 41 AFFIDAVITS
- Order: 41A STATEMENT OF TRUTH
- Order: 42 JUDGMENTS AND ORDERS
- Order: 43 ACCOUNTS AND INQUIRIES
- Order: 44 PROCEEDINGS UNDER JUDGMENTS AND ORDERS
- Order: 44A PROHIBITION ORDER BEFORE OR AFTER JUDGMENTAND ATTACHMENT OF PROPERTY BEFOREJ UDGMENT
- Order: 45 ENFORCEMENT OF JUDGMENTS AND ORDERS:GENERAL
- Order: 46 WRITS OF EXECUTION: GENERAL
- Order: 47 WRITS OF FIERI FACIAS
- Order: 48 EXAMINATION OF JUDGMENT DEBTOR, ETC.
- Order: 49 GARNISHEE PROCEEDINGS
- Order: 49B EXECUTION AND ENFORCEMENT OF JUDGMENT FORMONEY BY IMPRISONMENT
- Order: 50 CHARGING ORDERS, STOP ORDERS, ETC.
- Order: 51 RECEIVERS: EQUITABLE EXECUTION
- Order: 52 COMMITTAL
- Order: 58 APPEALS
- Order: 62 COSTS
- Order: 62A COSTS OFFER AND PAYMENTS INTO COURT
- Order: 63 REGISTRY
- Order: 64 COURT OFFICES
- Order: 65 SERVICE OF DOCUMENTS
- Order: 66 PAPER, PRINTING, NOTICES AND COPIES
- Order: 67 CHANGE OF SOLICITOR
- Order: 68 OFFICIAL SHORTHAND NOTE
- Order: 72 PARTICULAR PROCEEDINGS
- Order: 77 PROCEEDINGS BY AND AGAINST GOVERNMENT
- Order: 78 PROCEEDINGS OF COURT OF FIRST INSTANCE TRANSFERRED TO THE COURT
- Order: 79 TRIBUNAL PROCEEDINGS TRANSFERRED ORREMOVED TO THE COURT
- Order: 80 DISABILITY
- Order: 81 PARTNERS
- Order: 82 DEFAMATION ACTIONS
- Order: 83A MONEY LENDERS' ACTIONS
- Order: 84A ACTIONS ARISING OUT OF HIRE-PURCHASE OR CONDITIONAL SALE AGREEMENTS
- Order: 85 ADMINISTRATION AND SIMILAR ACTIONS
- Order: 86 ACTIONS FOR SPECIFIC PERFORMANCE, ETC.:SUMMARY JUDGMENT
- Order: 88 MORTGAGE ACTIONS
- Order: 89 PROCEEDINGS BETWEEN HUSBAND AND WIFE
- Order: 90 PROCEEDINGS CONCERNING MINORS
- Order: 90A PROCEEDINGS CONCERNING JUDGMENT SUMMONS
- Order: 92 LODGMENT, INVESTMENT, ETC. OF FUNDS IN COURT
- Order: 93 APPLICATIONS UNDER VARIATION OF TRUSTS ORDINANCE
- Order: 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND
- Appendix: A FORMS
- Appendix: C
- Appendix: D FORMS
- Appendix: E CODE OF CONDUCT FOR EXPERT WITNESSES
Chapter: | 336H | THE RULES OF THE DISTRICT COURT | Gazette Number | Version Date |
| | Empowering section | L.N. 248 of 2000 | 01/09/2000 |
(Cap 336, sections 72, 72A, 72B, 72C, 72D and 72E) [1 September 2000] L.N. 248 of 2000 (Originally L.N. 186 of 2000) Order: | 1 | CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS | L.N. 265 of 2009 | 01/01/2010 |
PRELIMINARY
1. Citation (O. 1, r. 1)
(1) These Rules may be cited as the Rules of the District Court. (2)-(3) (Omitted as spent)
2. Application (O. 1, r. 2)
(1) Subject to this rule, these Rules shall have effect in relation to all proceedings in the Court.
(2) These Rules shall not have effect in relation to proceedings of the kinds specified in column 1 of the following Table (being proceedings in respect of which rules may be made under the enactments specified in column 2 of that Table).
TABLE
Proceedings Enactments - (Repealed L.N. 221 of 2001)
- Adoption proceedings. Adoption Ordinance (Cap 290), section 12.
- (Repealed L.N. 153 of 2008)
- (Repealed L.N. 221 of 2001)
- (Repealed L.N. 153 of 2008)
(2A) Subject to paragraph (2B), these Rules shall not have effect in relation to- (L.N. 153 of 2008) - (a)
- proceedings under Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap 7);
- (b)
- matrimonial proceedings (except for an appeal against any judgment, order or decision of a judge to which Order 58 shall apply); (L.N. 153 of 2008)
(ba) proceedings under the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) (except for an appeal against any judgment, order or decision of a judge to which Order 58 applies);
(L.N. 153 of 2008; 18 of 2009 s. 19)
(c) proceedings- - (i)
- for the recovery of employees' compensation; and
- (ii)
- in respect of which rules are made under section 50 of the Employees' Compensation Ordinance (Cap 282). (L.N. 221 of 2001)
(2B) Subject to section 85(1) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), Order 58 has effect in relation to an appeal against a judgment, order or decision of the Court made under Part III of that Ordinance. (L.N. 153 of 2008) - (3)
- These Rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 62 applies.
- (4)
- In the case of the proceedings mentioned in paragraphs (2), (2A) and (3), nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Ordinance or any other Ordinance) by virtue
of which the Rules of the District Court or any provision thereof is applied in relation to any of those proceedings. - 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3)
- The Interpretation and General Clauses Ordinance (Cap 1) shall apply to the interpretation of these Rules as it applies to subsidiary legislation made after the commencement of that Ordinance.
- 4. Definitions (O. 1, r. 4)
(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely- "action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in
respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (L.N. 153 of 2008)
"aided person" (受助人) means an aided person within the meaning of the Legal Aid Ordinance (Cap 91); (L.N. 153 of 2008) "Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the District Court (Amendment) Rules 2008
(L.N. 153 of 2008); (L.N. 153 of 2008) "bailiff" (執達主任) means a bailiff of the High Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or any computer record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 50(1)(b) of the
Ordinance; (18 of 2003 s. 22)
"master" (聆案官) means a master of the Court and includes the Registrar, and deputy and assistant registrars;
"money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A;
"notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the
effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the Court; "the Ordinance" (本條例) means the District Court Ordinance (Cap 336); "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a summons or preliminary act; "practice direction" (實務指示) means
(a) a direction issued by the Chief Justice as to the practice and procedure of the Court; or - (b) a direction issued by a specialist judge for his specialist list; (L.N. 153 of 2008) "receiver" (接管人) includes a manager and consignee; "Registrar" (司法常務官) means the Registrar of the Court; and includes a deputy registrar or an assistant registrar; "Registry" (登記處) means the Registry of the Court; "writ" (令狀) means a writ of summons; "written law" (成文法律) includes "Ordinance" and "enactment" as defined in section 3 of the Interpretation and
General Clauses Ordinance (Cap 1). (L.N. 153 of 2008)
- (2) In these Rules, unless the context otherwise requires, "the Court" (區域法院) means the District Court or any judge thereof whether sitting in court or in chambers or the Registrar or any master but the foregoing provision
shall not be taken as affecting any provision of these Rules and, in particular, Order 32, rule 16 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated.
- (3) In these Rules, unless the context otherwise requires, any reference to acknowledging service of a document or giving notice of intention to defend any proceedings is a reference to lodging in the Registry an acknowledgment of
service of that document or, as the case may be, a notice of intention to defend those proceedings.
- (4)
- For the purposes of the definition "cause book", the book kept in the Registry may be in written form or in such other form or medium which can be reproduced in written form.
- 5.
- Construction of references to Orders, rules, etc. (O. 1, r. 5)
- (1)
- Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these Rules and any reference to a specified rule, paragraph or subparagraph is a reference to that rule of the Order, that paragraph of the rule or that subparagraph of the paragraph in which the reference occurs.
- (2)
- Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done under a rule of these Rules before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.
- (3)
- Except where the context otherwise requires, any reference in these Rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law.
- 6.
- Construction of references to action, etc., for possession of land (O. 1, r. 6)
Except where the context otherwise requires, references in these Rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the land or to the possession thereof.
6A. Construction of references to Registrar
(O. 1, r. 6A)
Wherever the word "Registrar" appears in these Rules and forms, there may be substituted the word "master" when and where appropriate.
(L.N. 153 of 2008) - Forms (O. 1, r. 9)
- The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.
- Rules not to exclude conduct of business by post (O. 1, r. 10)
Nothing in these Rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.
1. Underlying objectives (O. 1A, r. 1)
The underlying objectives of these Rules are - (a)
- to increase the cost-effectiveness of any practice and procedure to be followed in relation to proceedings before the Court;
- (b)
- to ensure that a case is dealt with as expeditiously as is reasonably practicable;
- (c)
- to promote a sense of reasonable proportion and procedural economy in the conduct of proceedings;
- (d)
- to ensure fairness between the parties;
- (e)
- to facilitate the settlement of disputes; and
- (f)
- to ensure that the resources of the Court are distributed fairly.
2. Application by the Court of underlying objectives (O. 1A, r. 2)
(1) The Court shall seek to give effect to the underlying objectives of these Rules when it - (a)
- exercises any of its powers (whether under its inherent jurisdiction or given to it by these Rules or otherwise); or
- (b)
- interprets any of these Rules or a practice direction.
(2) In giving effect to the underlying objectives of these Rules, the Court shall always recognize that the primary aim in exercising the powers of the Court is to secure the just resolution of disputes in accordance with the substantive rights of the parties. - Duty of the parties and their legal representatives (O. 1A, r. 3)
- The parties to any proceedings and their legal representatives shall assist the Court to further the underlying objectives of these Rules.
- Court's duty to manage cases (O. 1A, r. 4)
- The Court shall further the underlying objectives of these Rules by actively managing cases.
- Active case management includes-
- encouraging the parties to co-operate with each other in the conduct of the proceedings;
- identifying the issues at an early stage;
- deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
- deciding the order in which the issues are to be resolved;
- encouraging the parties to use an alternative dispute resolution procedure if the Court considers that appropriate, and facilitating the use of such a procedure;
- helping the parties to settle the whole or part of the case;
- fixing timetables or otherwise controlling the progress of the case;
- considering whether the likely benefits of taking a particular step justify the cost of taking it;
- dealing with as many aspects of the case as practicable on the same occasion;
- dealing with the case without the parties needing to attend at court;
- making use of technology; and
- giving directions to ensure that the trial of a case proceeds quickly and efficiently.
(L.N. 153 of 2008) Order: | 1B | CASE MANAGEMENT POWERS | L.N. 153 of 2008; L.N. 18 of 2009 | 02/04/2009 |
1. Court's general powers of management (O. 1B, r. 1) - (1)
- The list of powers in this rule is in addition to and not in substitution for any powers given to the Court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.
- (2)
- Except where these Rules provide otherwise, the Court may by order-
- (a)
- extend or shorten the time for compliance with any rule, court order or practice direction (even if an application for extension is made after the time for compliance has expired);
- (b)
- adjourn or bring forward a hearing;
- (c)
- require a party or a party's legal representative to attend the Court;
- (d)
- direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
- (e)
- stay the whole or part of any proceedings or judgment either generally or until a specified date or event;
- (f)
- consolidate proceedings;
- (g)
- try two or more claims on the same occasion;
- (h)
- direct a separate trial of any issue;
- (i)
- decide the order in which issues are to be tried;
- (j)
- exclude an issue from consideration;
- (k)
- dismiss or give judgment on a claim after a decision on a preliminary issue;
- (l)
- take any other step or make any other order for the purpose of managing the case and furthering the underlying objectives set out in Order 1A.
- (3)
- When the Court makes an order, it may
- (a)
- make it subject to conditions, including a condition to pay a sum of money into court; and
- (b)
- specify the consequences of failure to comply with the order or a condition.
- (4)
- Where a party pays money into court following an order under paragraph (3), the money is security for any sum payable by that party to any other party in the proceedings.
2. Court's power to make order of its own motion (O. 1B, r. 2) - (1)
- Except where a rule or some other enactment provides otherwise, the Court may exercise its powers on an application or of its own motion.
- (2)
- Where the Court proposes to make an order of its own motion-
- (a)
- it may give any person likely to be affected by the order an opportunity to make representations; and
- (b)
- where it does so, it shall specify the time by and the manner in which the representations must be made.
- (3)
- Where the Court proposes-
(a) to make an order of its own motion; and
- (b)
- to hold a hearing to decide whether to make the order, it shall give each party likely to be affected by the order at least 3 days' notice of the hearing.
- (4)
- The Court may make an order of its own motion, without hearing the parties or giving them an opportunity to make representations.
- (5)
- Where the Court has made an order under paragraph (4)-
- (a)
- a party affected by the order may apply to have it set aside, varied or stayed; and
- (b)
- the order must contain a statement of the right to make such an application.
- (6)
- An application under paragraph (5)(a) must be made-
- (a)
- within such period as may be specified by the Court; or
- (b)
- if the Court does not specify a period, not more than 14 days after the date on which notice of the order was sent to the party making the application.
3. Court's power to give procedural directions by way of order nisi
(O. 1B, r. 3) - (1)
- Where the Court considers that it is necessary or desirable to give a direction on the procedure of the Court and that the direction is unlikely to be objected to by the parties, it may of its own motion and without hearing the parties, give the direction by way of an order nisi.
- (2)
- The order nisi becomes absolute 14 days after the order is made unless a party has applied to the Court for varying the order.
(L.N. 153 of 2008)
1. Non-compliance with Rules (O. 2, r. 1) - (1)
- Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the
failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
- (2)
- Subject to paragraph (3), the Court may, on the ground that there has been such failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
- (3)
- The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings ought to have begun by an originating process other than the one employed, but shall instead give directions for the continuation of the proceedings in an appropriate manner. (L.N. 153 of 2008)
2. Application to set aside for irregularity (O. 2, r. 2) - (1)
- An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
- (2)
- An application under this rule may be made by summons and the grounds of application must be stated in the summons.
3. Non-compliance with rules and court orders (O. 2, r. 3) - (1)
- The Court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule or court order.
(2) When exercising its power under paragraph (1), the Court shall have regard to - (a)
- the amount in dispute; and
- (b)
- the costs which the parties have incurred or which they may incur.
- (3)
- Where a party pays money into court following an order under paragraph (1), the money is security for any sum payable by that party to any other party in the proceedings.
(L.N. 153 of 2008)
4. Sanctions have effect unless defaulting party obtains relief (O. 2, r. 4)
Where a party has failed to comply with a rule or court order, any sanction for failure to comply imposed by the rule or court order has effect unless the party in default applies to the Court for and obtains relief from the sanction within 14 days of the failure.
(L.N. 153 of 2008)
5. Relief from sanctions (O. 2, r. 5)
(1) On an application for relief from any sanction imposed for a failure to comply with any rule or court order, the Court shall consider all the circumstances including- - (a)
- the interests of the administration of justice;
- (b)
- whether the application for relief has been made promptly;
- (c)
- whether the failure to comply was intentional;
- (d)
- whether there is a good explanation for the failure to comply;
- (e)
- the extent to which the party in default has complied with other rules and court orders;
- (f)
- whether the failure to comply was caused by the party in default or his legal representative;
- (g)
- in the case where the party in default is not legally represented, whether he was unaware of the rule or court order, or if he was aware of it, whether he was able to comply with it without legal assistance;
- (h)
- whether the trial date or the likely trial date can still be met if relief is granted;
- (i)
- the effect which the failure to comply had on each party; and
- (j)
- the effect which the granting of relief would have on each party.
(2) An application for relief must be supported by evidence.
(L.N. 153 of 2008)
1. "Month" (月) means calendar month (O. 3, r. 1)
Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these Rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the Court, means a calendar month unless the context otherwise requires.
2. Reckoning periods of time (O. 3, r. 2) - (1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with this rule.
- (2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
- (3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
- (4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
- (5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Sunday or a general holiday, that day shall be excluded. In this paragraph, "general holiday" (公眾假期) means a day which is, or is to be observed as, a general holiday under the General Holidays Ordinance (Cap 149).
- 4. Time expires on Sunday, etc. (O. 3, r. 4)
- Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act at an office of the Court expires on a Sunday or other day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.
- 5. Extensions, etc., of time (O. 3, r. 5)
- (1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these Rules, or by any judgment, order or direction, to do any act in any proceedings.
- (2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
- (3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
6. Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule.
COMMENCEMENT AND PROGRESS OF PROCEEDINGS
1. Transfer to the Court of First Instance or the Lands Tribunal (O. 4, r. 1)
(L.N. 153 of 2008)
An application under section 41 or 42 of the Ordinance for an order transferring proceedings to the Court of First Instance or the Lands Tribunal shall be made by summons and shall be supported by an affidavit stating the grounds on which the application is made and verifying the facts relied on.
(L.N. 153 of 2008)
9. Consolidation, etc., of causes or matters (O. 4, r. 9)
(1) Where 2 or more causes or matters are pending, then, if it appears to the Court- -