Code of Organization and Civil Procedure (Cap. 12), article 195

195. ( 1 ) A c a u s e t h e w r i t t e n p l e a d i n g s o f w h i c h h a v e b e e n concluded shall be set down eith er for pre-trial hearings or fo r 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 tak e place when the party to be notified of the relative cause has been so notified in accordan ce with the provisi ons of this Code. (2) ( a) The Court shall - (i) at the first hearing of both at first instance as w e l l a s a t t h e c o u r t o f a p p e a l s t a g e , m a k e 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 b oth the pre-trial stage and the trial stage, plan in advance, after consulting CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 67 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 s ubmissions 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 s hall be held on a bi-monthly basis. (4) The date and time for the h earing shall be determined at least two months prior to the date fixed for the hearing, provi ded that the court may decide, either where it deems to be appropri ate or after consultation with the advocates of the parties or in a ny other case where the cause is to be heard with urgency, to fix an earlier date, and where such dat e and time has been so fixed, n o adjournment of the hearing shall be granted except for grave an d 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 m onths shall not apply. (5) ( a) W h e r e a c a u s e h a s b e e n p e n d i n g b e f o r e a p a r t i c u l a r 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 camera , shall be final and conclusive; and where such 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 68 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE such assignment. Cap. 369. (c) The Chief Justice shall draw up a yearly report on any causes transferred in accord ance 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 Adminis tration of Justice Act, and shall, within three months, publish such report. (6) Nothing in this article contained shall preclude the court f rom deciding a cause on the day fixed for first hearing where the c laim 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 t o be concluded, the Court of Appeal considers an appeal to be fri volous and vexatious, the Court of Appeal may dismiss the appeal in op en court on the day fixed for the first hearing. Absence of witness to be a good ground for adjournment. Substituted by: XXIV .1995.100. Amended by: XXXI.2002.73.