Code of Organization and Civil Procedure (Cap. 12), article 734

734. (1) A judge may be challenged or abstain from sitting in a cause - (a) if he is related by consanguinity or affinity in a direct line to any of the parties; (b) if he is related by consanguinity in the degree of brother, uncle or nephew, grand-uncle or grandnephew or cousin, to any of the parties, or if he is related by affinity in the degree of brother, uncle, or nephew, to any of the parties; (c) if he is the tutor, curator, or presumptive heir of any of the parties; if he is or has been the agent of any of the parties to the suit; if he is the administrator of any establishment or par tnership involved in the suit, or if any of the parties is his presumptive heir; (d) (i) if he had given advice, pleaded or written on the 198 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE cause or on any other matter connected therewith or dependant thereon; (ii) if he had previously taken cognizance of the cause as a judge or as an arbitrator: Provided that this shall not apply to any decision delivered by the judge which did not definitely dispose of the merits in issue or to any judgment of non-suit of the plaintiff; (iii) if he has made any disbursement in respect of the cause; (iv) if he has given eviden ce or if any of the parties proposes to call him as a witness; (e) if he, or his spouse, is directly or indirectly interested in the event of the suit; (f) if the advocate or legal p rocurator pleading before a judge is the son or daughter, spouse or ascendant of the said judge; (g) if the advocate or legal p rocurator pleading before a judge is the brother or si ster of the said judge; (h) if the judge or his spouse has a case pending against any of the parties to the suit of happens to be his creditor or debtor in such manner as may reasonably give rise to suspicion of a direct or indirect interest that may influence the outcome of the case. (2) A judge may be challenged or abstain from sitting in a cause when he has previously taken cognizance of and expressed himself on the same merits of that cause when sitting as a judg e in the Court of voluntary jurisdiction. Abstention by judge. Written or oral declaration thereanent.