Order 9 Supreme Court Rules

Order 9 of the Supreme Court Rules 2024 is about Case Stated. It contains the following rules:

Order 9 Rule 1 Supreme Court Rules 2024 – Stating questions of law (Form 17)

The parties to proceedings commenced by statement of claim, originating summons or originating motion may at any stage concur in stating the question of law arising in the proceeding in the form of a case stated for the opinion of the Court.

Order 9 Rule 2 Supreme Court Rules 2024 – Contents of case stated

The case stated shall be divided into paragraphs numbered consecutively and shall concisely state such facts and documents as are necessary to enable the Court to decide the questions raised by the case stated.

Order 9 Rule 3 Supreme Court Rules 2024 – Reference to documents

Upon the argument of the case, the Court and the parties may refer to the whole contents of the documents stated.

Order 9 Rule 4 Supreme Court Rules 2024 – Inference from facts and documents

The Court may draw from the facts and documents stated, any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

Order 9 Rule 5 Supreme Court Rules 2024 – Argument confined to facts in case stated

No facts or documents other than those staled in the case shall be referred to upon the argument save with the consent of all parties.

Order 9 Rule 6 Supreme Court Rules 2024 – Signing and filing of case stated

A case staled concurred in by the parties to a proceeding shall be signed by the parties or their Legal Practitioners and filed with the Registrar.

Order 9 Rule 7 Supreme Court Rules 2024 – Written agreement of parties

The parties to a case stated may, if they think fit, enter into an agreement in writing that upon the determination by the Court of the question or questions of law raised in the case stated, judgment shall be entered by the Court to any effect within its jurisdiction and with or without costs, and such agreement shall be filed with the Registrar.

Order 9 Rule 8 Supreme Court Rules 2024 – Oral agreement before Court

Likewise, the parties may, in the presence of the Court, either themselves or by any Legal Practitioner representing them verbally make an agreement as to the judgment to be entered, upon the determination by the Court of the question of law raised in the case stated.

Order 9 Rule 9 Supreme Court Rules 2024 – Procedure in absence of agreement

Where no such agreement is made, the proceedings in the cause shall be resumed, but the questions of law decided in the case stated shall not be re-opened in the Court and the application shall proceed to its final determination upon the decision upon the law recorded after the hearing of the case stated.