The Court of Appeal Rules

Section 1. Citation and coming into operation of the Rules Section 1(1) These Rules may be cited as the Court of Appeal Rules and shall come into operation at the expiry of ninety days after publication in the Gazette . Section 1(2) These Rules shall not limit or otherwise affect the inherent power of the Court to make any orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Section 2. Interpretation Section in relation to a criminal appeal, means a notice lodged in accordance with rule 61; and

Section 3. Computation of time Section the period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or that act or thing is done;

Section 4. Extension of time Section The Court may, on such terms as may be just, by order, extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules, whether before or after the doing of the act, and a reference in these Rules to any such time shall be construed as a reference to that time as extended.

Section 5. Suspension of sentence, injunction, stay of execution and stay of proceedings Section 5(1) No sentence of death shall be carried out until the period for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined. Section 5(2)(a) in any criminal proceedings where a notice of appeal has been given in accordance with rule 61, order that the appellant be released on bail or that the execution of any warrant of distress be suspended pending the determination of the appeal; or Section 5(2)(b) in any civil proceedings where a notice of appeal has been lodged in accordance with rule 77, order a stay of execution, an injunction or a stay of any further proceedings on such terms as the Court may think just.

Section 6. Registry and sub-registries Section 6(1) The Registry of the Court shall be in Nairobi and any other place in Kenya as the President, in consultation with the Chief Justice, may determine. Section 6(2) There shall be such sub-registries for each station of the Court outside Nairobi, and at any other place as the President, in consultation with the Chief Justice, may determine.

Section 7. Hours for lodging documents Section The President, in consultation with the Chief Justice, may direct the hours during which the Registry or any sub-registry or any registry of a superior court shall be open for the receipt of documents lodged under these Rules.

Section 8. Maintenance of registers Section 8(1)(a) a register of criminal applications in which shall be entered particulars of each application lodged in the Registry or sent to the Registrar by any deputy registrar relating to a criminal appeal; Section 8(1)(b) a register of civil applications in which shall be entered particulars of each application lodged in the Registry or sent to the Registrar by any deputy registrar relating to a civil appeal; Section 8(1)(c) a register of criminal appeals in which shall be entered particulars of each notice of appeal lodged in any criminal matter and of the subsequent proceedings; and Section 8(1)(d) a register of civil appeals in which shall be entered particulars of each memorandum of appeal lodged in any civil matter and of the subsequent proceedings. Section 8(2)(a) a register of criminal applications in which shall be entered particulars of each application lodged in the sub-registry relating to a criminal appeal; and Section 8(2)(b) a register of civil applications in which shall be entered particulars of each application lodged in the sub-registry relating to a civil appeal. Section 8(3) Each register maintained under this rule shal...

Section 9. Numbering of applications and appeals Section 9(1) Each application to the Court, other than an application made informally during the course of a hearing, shall, whether lodged before or after the institution of an appeal, be given a serial number. Section 9(2) For the purposes of subrule (1), there shall be maintained in the Registry and in each sub-registry two series of numbers for each calendar year, one for criminal and one for civil applications, and the serial numbers shall be prefixed by letters indicative of the Registry or sub-registry. Section 9(3) Each criminal appeal shall be given a serial number in the Registry, which number shall be allotted within fourteen days after receipt of the notice of appeal, and for this purpose a series of numbers shall be maintained for each calendar year. Section 9(4) Each civil appeal shall be given a serial number in the Registry, which number shall be allotted immediately after the memorandum of appeal is received, and for this purpose a series of numbers shall be maintained for each calendar year.

Section 10. Endorsement of documents Section Whenever a document is lodged in the Registry, a sub- registry or the registry of a superior court under or in accordance with these Rules, the Registrar, deputy registrar or registrar of the superior court, as the case may be, shall cause the document to be endorsed showing the date and time when it was lodged.

Section 11. Registrar's discretion to allow documents to be lodged otherwise than at appointed place Section 11(1) Notwithstanding any provision in these Rules appointing a particular registry as the place where a document is to be lodged, the Registrar shall have power in any particular case to permit the lodging of any document in the Registry or in any sub-registry and an application for such permission may be made informally but shall be in writing. Section 11(2) The Registrar or deputy registrar receiving a document lodged under subrule (1) shall send the document to the appropriate registry, at the expense of the applicant, except where the document is lodged with the Registrar and is one which, if lodged in the appropriate registry, would have been required by these Rules to be sent to the Registrar.

Section 12. Acceptance of documents lodged out of time Section 12(1) The Registrar or the registrar of a superior court, as the case may be, shall not refuse to accept any document on the ground that it is lodged out of time but shall mark the document "lodged out of time" and inform the person lodging it thereof. Section 12(2) When a document is accepted out of time by the registrar of a superior court, he shall inform the Registrar thereof.

Section 13. Requirements as to size and production of documents, binding of records and numbering of pages and lines Section 13(1)(a) be on A4 paper of durable quality; Section 13(1)(b) be used only on one side; and Section 13(1)(c) have a margin of not less than one and a half inches on the left side of the sheet. Section 13(2) Each document prepared for use in the Court shall be clear and easily legible and may be produced by printing, photography, other appropriate technology or any combination of media but shall not be handwritten except for appellants acting in person in criminal appeals. Section 13(3)(a) shall be bound in book form with a cover of stout paper fastened with thread; Section 13(3)(b) may be in more than one volume, and each volume shall not exceed five hundred pages; and Section 13(3)(c) the title of the appeal shall appear on the cover. Section 13(4) The pages of each application and, the record of appeal in a criminal appeal, and the memorandum of appeal and the record of appeal in a civil appeal, shall be numbered consecutively. Section 13(5) Each party shall comply with the Practice Directions of the Court on the filing of documents. Section 13(6) Each party...

Section 14. Power of Registrar and registrars of superior courts to reject documents Section 14(1) The Registrar or the registrar of a superior court, as the case may be, may refuse to accept any document which does not comply with the requirements of rule 13. Section 14(2) Subject to rules 113 and 116, the Registrar or the registrar of a superior court, as the case may be, shall refuse to accept any document tendered without the required fee, if any, or, in the case of the memorandum of appeal in a civil appeal, the lodging of security for costs. Section 14(3) If, as the result of an error, a document is accepted which ought to have been rejected under subrule (2) on account of the failure to pay the fee or security, the document shall be deemed to have been duly lodged but the person who lodged it shall, as soon as practicable after the error is discovered, pay the fee or the balance thereof or lodge the required security. Section 14(4) A person who is dissatisfied with the decision of the Registrar or of the registrar of a superior court to reject a document under this rule may require the decision to be referred to a judge for his or her decision and an application under this s...

Section 15. Signature of documents Section 15(1) A document may be signed on behalf of the person making it by a person entitled under rule 22 to appear on his or her behalf. Section 15(2) In or in relation to a criminal appeal, a document may be signed on behalf of an appellant who is alleged to be of unsound mind by a person entitled under rule 22 to appear on his or her behalf or by any person in whose care he or she may be for the time being, including a medical officer, police officer or prisons officer.

Section 16. Form of amendments Section 16(1) Where a person obtains leave to amend a document, the document itself may be amended or, if it is more convenient, an amended version of the document may be lodged. Section 16(2)(a) any words or figures deleted from the original, by including the deleted words or figures and striking them through with red ink, so that what was written remains legible; and Section 16(2)(b) any words or figures added to the original, by writing them in red ink or underlining them in red ink. Section 16(3) Where any record of appeal includes any amended document, the amendments shall be shown in the manner prescribed under subrule (2) in each copy of the record of appeal.

Section 17. Service and transmission of documents Section 17(1) Where a document is required to be served on any person under these Rules, service may be effected in such way as the Court may direct and, in the absence of any such direction, shall be made personally on the person to be served or any person entitled under rule 22 to appear on his or her behalf or by any other recognized mode of service as provided under Order 5 of the Civil Procedure Rules (sub. leg). Section 17(2) Where a document is required to be served on the appellant or on the respondent, and two or more appellants or respondents, as the case may be, are represented by one advocate, it shall be sufficient if one copy of that document is served on that advocate. Section 17(3) For the purpose of this rule, service on a partner or a clerk of an advocate at the office of the advocate shall be deemed to be service on the advocate. Section 17(4) Proof of service may be given where necessary by affidavit, unless in any case the Court shall require proof by oral evidence: Provided that in the case of a person in prison, a letter purporting to be signed by the officer in charge of the prison certifying that the documen...

Section 18. Change of address for service Section 18(1) A person who has given an address for service may, at any time, change the address by lodging a notice of such change in the appropriate registry and serving copies of the notice on all persons who have been served with the previous address. Section 18(2) The address of service shall include electronic address such as email, telephone number and any other details as the Court may require.

Section 19. Sittings of the Court Section 19(1) The sittings of the Court and the matters to be disposed of at such sittings shall be determined by the President and shall be advertised and notified in such manner as he may direct. Section 19(2) Nothing in this rule shall prevent the Court from disposing of any business that has not been advertised or notified as required under subrule (1).

Section 20. Court recess Section 20(1) The recess of the Court and the arrangements for business during recess shall be determined by the President in accordance with the Court of Appeal (Organisation and Administration) Act (Cap. 9A) and shall be notified in such manner as the Chief Justice may direct. Section 20(2) No business shall be conducted during recess, unless the President, in consultation with the Chief Justice, otherwise directs, except the delivery of judgments and, when the matter is shown to be of urgency, the hearing of applications and the taxation of bills.

Section 21. Places where appeals are to be heard Section 21(1) An appeal or formal application to the Court shall be heard in such place as the President, in consultation with the Chief Justice, may designate. Section 21(2) An application for an appeal to be heard otherwise than in accordance with subrule (1) may be made informally but shall be in writing.

Section 22. Appearances Section 22(1) Subject to rule 73, a party to any proceedings in the Court may appear in person or by advocate. Section 22(2) A corporation that is a party to any proceedings in the Court may appear by advocate or by a director, manager or secretary thereof appointed by resolution under the seal of the company, a sealed copy of which resolution shall be lodged with the Registrar. Section 22(3) A person under disability that is a party to any proceedings in the Court may appear by advocate or by his or her committee, next friend or guardian ad litem as the case may be, and where any person has acted as next friend or guardian ad litem in the court below for a person under disability and the person under disability becomes respondent in an appeal to the Court, the next friend or guardian ad litem may, if he or she desires to act as such in the appeal, lodge a consent to act as such and shall thereupon be deemed to have been duly appointed, and in any other case, the Court may appoint a guardian ad litem for the purposes of an appeal and the Court may at any time remove and replace any guardian ad litem , however appointed.

Section 23. Change of advocates Section 23(1) Where a party to an application or appeal changes his or her advocate or, having been represented by an advocate, decides to act in person or, having acted in person, engages an advocate, that party shall, as soon as practicable, lodge with the Registrar a notice of the change and shall serve a copy of such notice on the other party or on every other party appearing in person or separately represented, as the case may be. Section 23(2) An advocate who desires to cease acting for a party in a civil appeal or application, may apply by notice of motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the judge.

Section 24. Assignment of advocates Section 24(1) In a criminal application or appeal, the Chief Justice may, at any time, assign an advocate to represent an applicant or appellant if it appears desirable in the interests of justice. Section 24(2) An advocate assigned to represent an applicant or appellant under subrule (1) shall comply with the rules of professional conduct of advocates, and the requirements of the Court in pro bono matters. Section 24(3) In a civil appeal involving a point of law of public importance, if the President is satisfied that any appellant or respondent lacks the means to employ an advocate, the President may, with the consent of such appellant or respondent, as the case may be, assign an advocate to represent the appellant or respondent, and may require any such appellant or respondent, as a condition of having an advocate assigned to him or her, to undertake to refund the fees and expenses of such advocate out of any money or property he or she may recover in or in consequence of the appeal. Section 24(4) The court may assign a pro bono advocate in a pauper brief in a civil appeal or application. Section 24(5) The fees and expenses of an advocate assi...

Section 25. Case management and pre-trial conference Section 25(1) A civil appeal shall first be listed for case management conference as soon as practicable before the Registrar for pre-trial directions. Section 25(2) The Registrar shall give pre-trial directions in accordance with the Rules and Practice Directions of the Court and confirm compliance thereof before the appeal is listed for hearing. Section 25(3) Notwithstanding non-compliance with pre-trial directions, a civil appeal may be confirmed and listed for hearing.

Section 26. Right of audience Section 26(1) The Attorney-General, Solicitor-General and Director of Public Prosecutions when appearing in person shall have the right of audience before the Court and shall take precedence over all other advocates. Section 26(2) The Court may give priority to Senior Counsel who appear before it. Section 26(3) Every advocate who is, for the time being, entitled to practice before the High Court shall have the right of audience before the Court: Provided that an advocate who has been struck off the roll of advocates or who is under suspension from practice shall have no right of audience before the Court. Section 26(4) Any other person entitled to appear as counsel or advocate before any court of unlimited jurisdiction, if licensed in that behalf by the Chief Justice and subject to the payment of the prescribed fee, shall have the right of audience before the Court in respect of any one appeal, including any cross-appeal heard therewith, or any two or more appeals consolidated for hearing.

Section 27. List of authorities and copies of judgments to be referred to Section 27(1)(a) lodge with the Registrar or with the deputy registrar at the place where the application or appeal is to be heard, a list containing the titles of such cases with their citations and the names, authors and editions of any such books; and Section 27(1)(b) serve a copy of such list on the other party or on each other party appearing in person or separately represented, as the case may be: Section 27(2) The list lodged under subrule (1) shall be in four copies, except in the case of an application to be heard by a single judge, when it shall be in two copies, and shall be lodged at least twenty-four hours before the application or appeal is due to be heard. Section 27(3)(a) at or before the hearing, produce a certified or photostat copy of such judgment; Section 27(3)(b) except in the case of an application to be heard by a single judge, two other copies of the judgment, for the use of the Court; and Section 27(3)(c) in every case, one copy of the judgment for the use of the other party, or each other party appearing in person or separately represented, as the case may be.

Section 28. Order of addresses Section the Court shall, at the hearing of an application or appeal, first hear the applicant or appellant, then the respondent, then an interested party, amicus curiae or intermediary if any, and then the applicant or the appellant in reply;

Section 29. Expanded Bench Section 29(1) A party may apply informally but in writing to the President, with notice to the other parties, for an appeal or application to be heard and determined by an expanded bench consisting of five or more judges of an uneven number. Section 29(2) Where satisfied with an application under subrule (1), the President shall constitute the expanded bench and give directions on the hearing of that appeal or application: Provided that where there are conflicting decisions of the court, or for any other good reason, the President may, in consultation with the parties, constitute an expanded bench.

Section 30. Hearing of appeals Section Every appeal shall be heard in Court or in any other manner as may be directed by the Court, to which all members of the public shall have access so far as the space in the Court permits and so long as they conduct themselves in an orderly manner: Provided that in exceptional circumstances, the Court may direct that the public be excluded, if the Court is satisfied that national security or the interest of justice so require.

Section 31. Power to re- appraise evidence and to take additional evidence Section 31(1)(a) to re-appraise the evidence and to draw inferences of fact; and Section 31(1)(b) in its discretion and for sufficient reason, to take additional evidence or direct that additional evidence be taken by the trial court. Section 31(2) When additional evidence is taken by the Court, the evidence may be taken orally or by affidavit and the Court may allow the cross- examination of any deponent. Section 31(3) When additional evidence is taken by the trial court, it shall certify such evidence to the Court, with a statement of its opinion on the credibility of the witness or witnesses giving the additional evidence. Section 31(4) When additional evidence is taken by a commissioner, the commissioner shall certify the evidence to the Court, without any such statements of opinion. Section 31(5) Each party to the appeal shall be entitled to be present when the additional evidence is taken.

Section 32. Power to call for report Section On any appeal from a decision of a superior court in the exercise of its original jurisdiction, the Court shall have power to call for and receive from that superior court a report on any matter connected with the proceedings before that court.

Section 33. General powers of the Court Section to confirm, reverse or vary the decision of the superior court;

Section 34. Rulings and judgments Section 34(1) The Court may give judgments and rulings at the close of the hearing of an appeal or application or reserved for delivery within one hundred and twenty days, unless the Court for reasons to be recorded orders otherwise. Section 34(2) Where the Court defers a judgment or ruling, the Court shall notify the parties of the next date for delivery: Provided that the Court shall not defer a judgment or ruling for more than one hundred and eighty days. Section 34(3) In a criminal application (other than an application heard by a single judge) and a criminal appeal, one ruling shall be given as the ruling of the court, and may be given if one judge has died, ceased to hold office, or is unable to perform the functions of his or her office because of infirmity of mind or body, or refuses to sign the ruling, but the presiding judge may direct that each judge shall give a separate ruling. Section 34(4) In a civil application (other than an application heard by a single judge) and a civil appeal, each member of the Court shall give a separate ruling unless, the decision being unanimous, the presiding judge otherwise directs, but where one judge de...

Section 35. Decisions to be embodied in orders Section 35(1) Each decision of the Court on an application or appeal, other than a decision on an application made informally in the course of a hearing, shall be embodied in an order. Section 35(2) Each order under subrule (1) shall be dated as of the date on which the decision was delivered and show the date on which the order was extracted. Section 35(3)(a) on an application shall be substantially in Form I as set out in the First Schedule; and Section 35(3)(b) on an appeal shall be substantially in Form J as set out in the First Schedule.

Section 36. Preparation of orders Section 36(1) Where a decision of the Court is given in a criminal application or appeal, the order shall be drawn up by the Registrar who, in drawing up the order, shall not be required to consult the parties or the parties’ advocates. Section 36(2)(a) any party may, within fourteen days from date of judgment or ruling, prepare a draft of the order and submit it for the approval of the other parties; Section 36(2)(b) the party to whom the draft has been submitted shall approve the same within seven days from the date of receipt of the draft order under paragraph (a); Section 36(2)(c) if all parties approve the draft, the order shall, unless the presiding judge otherwise directs, be in accordance with it; Section 36(2)(d) if the parties do not agree on the form of the order, or if there is non-compliance with paragraphs (a) and (b), the form of the order shall be determined by the Registrar in accordance with the decision of the Court: Provided that if the parties are dissatisfied with the decision of the Registrar, the issue shall be settled by a single judge after giving all the parties an opportunity of being heard and the decision of judge shal...

Section 37. Correction of orders Section 37(1) A clerical or arithmetical mistake in any judgment of the Court or any error arising therein from an accidental slip or omission may, at any time, whether before or after the judgment has been embodied in an order, be corrected by the Court, either of its own motion or on the application of any interested person so as to give effect to the intention of the Court when judgment was given. Section 37(2)(a) if it does not correspond with the judgment it purports to embody; or Section 37(2)(b) where the judgment has been corrected under subrule (1), if it does not correspond with the judgment as so corrected.

Section 38. Notification of decisions Section 38(1)(a) send to the registrar of the superior court a sealed copy of the order embodying the decision of the Court in any civil or criminal appeal from that court; and Section 38(1)(b) send a copy of the decision to the National Council for Law Reporting. Section 38(2) The Registrar shall, so far as is practicable, inform any party to any proceeding in the Court who was not present or represented at the hearing, of the result of such proceeding. Section 38(3) Each deputy registrar of a sub-registry shall send to the Registrar a copy of each order issued out of that sub-registry.

Section 39. Signature and sealing of documents Section Each summons, warrant, order, notice or other formal document issued by the Court shall be signed by a judge or by the Registrar and shall be sealed with the seal of the Court.

Section 40. Application for certificate of fitness or leave to appeal in criminal matters Section 40(1)(a) where an appeal lies on certification by the superior court that the case is a fit case of appeal, application for such a certificate may be made informally and ex parte ; and Section 40(1)(b) where an appeal lies with the leave of the Court, application for such leave shall be made in the manner laid down in rules 44 and 45. Section 40(2) An application under this rule shall be made without unreasonable delay but need not be made before notice of appeal is lodged.

Section 41. Application for leave to appeal in civil matters Section 41(1)(a) informally at the time when the decision against which it is desired to appeal is given; or Section 41(1)(a)(i) informally at the time when the decision against which it is desired to appeal is given; or Section 41(1)(a)(ii) by motion or chamber summons according to the practice of the superior court, within fourteen days of such decision; Section 41(1)(b) in the manner laid down in rules 44 and 45 within fourteen days after the decision against which it is desired to appeal; or Section 41(1)(b)(i) in the manner laid down in rules 44 and 45 within fourteen days after the decision against which it is desired to appeal; or Section 41(1)(b)(ii) where application for leave to appeal has been made to the superior court and refused, within fourteen days after such refusal. Section 41(2) An application seeking certification that a matter of general public importance is involved shall be made within thirty days after the delivery of the decision. Section 41(3) Despite subrule (2), an application brought out of time shall be marked as "lodged out of time" under rule 12 with liberty to apply for extension of time.

Section 42. Application for certificate that point of law of general public importance involved Section informally, at the time when the decision against which it is desired to appeal is given; or

Section 43. Application to superior court Section The Court may entertain an application for stay of execution, injunction, stay of further proceedings or extension of time for the doing of any act authorized or required by these Rules, notwithstanding the fact that no application has been made in the first instance to the superior court.

Section 44. Form of applications to Court Section 44(1) Subject to subrule (3) and to any other rule allowing informal application, an application to the Court shall be by motion, which shall state the grounds of the application. Section 44(2) A notice of motion shall be substantially in Form A as set out in the First Schedule and signed by or on behalf of the applicant. Section 44(3)(a) to applications made in the course of a hearing, which may be made informally; or Section 44(3)(b) to applications made by consent of all parties, which may be made informally by letter.

Section 45. Supporting documents Section 45(1)(a) by one or more affidavits of the applicant; or Section 45(1)(b) by one or more affidavits of some other person or persons having knowledge of the facts. Section 45(2) An applicant may, with the leave of a judge or with the consent of the other party, lodge one or more supplementary affidavits and application for such leave may be made informally but shall be in writing. Section 45(3)(a) by a copy of the decision, including the reasons therefor (if any) against which leave to appeal is sought; and Section 45(3)(b) where an application under rule 40 (1) (a) or 41 (1) (a) has been refused, by a copy of the decision, including the reasons therefor (if any), refusing that application. Section 45(4) Where the documents referred to in subrule (3) have not been filed together with the application, the applicant shall file and serve the documents at least twenty-four hours before the application is heard.

Section 46. Applications for leave to amend Section 46(1)(a) if practicable, lodged with the Registrar and served on the respondent before the hearing of the application; or Section 46(1)(b) if it is not practicable to lodge the document with the Registrar, handed to the Court and to the respondent at the time of the hearing. Section 46(2) Where the Court gives leave for the amendment of a document, whether on a formal or an informal application, the amendment shall be made or an amended version of the document be lodged within such time as the Court when giving leave may specify and if no time is so specified, then within forty-eight hours of the giving of leave and on failure to comply with the requirements of this subrule, the leave so given shall determine.

Section 47. Applications to be lodged in appropriate registry Section 47(1) An application to the Court shall be lodged in the appropriate registry: Provided that where the matter is one of urgency, an application may be lodged in the Registry, notwithstanding that it is not the appropriate registry. Section 47(2) Each subsequent document that is required to be lodged in relation to an application shall, if the application is to be heard by a single judge, be lodged in the appropriate registry and in any other case, shall be lodged in the Registry.

Section 48. Procedure regarding applications lodged in sub-registries Section 48(1) When an application to be heard by a single judge is lodged in a sub-registry, the relevant deputy registrar shall list it for hearing before a judge locally resident, or if there is no judge available locally, shall send it to the Registrar. Section 48(2) When any other application is lodged in a sub-registry, the deputy registrar shall send it to the Registrar without delay.

Section 49. Urgent applications Section 49(1) An application which the applicant desires to set down for hearing as a matter of urgency shall be accompanied by a certificate of urgency signed by the applicant or the applicant’s advocate, supported by affidavit setting forth the matters upon which the applicant relies as showing that his or her application should be heard without delay. Section 49(2) The application under subrule (1), certificate and supporting affidavit shall be placed before a single judge, who shall peruse it, and the application shall not be set down for hearing as a matter of urgency unless the judge certifies that it is urgent. Section 49(3) The Registrar may maintain, in addition to the Court register of applications, a separate register of each application made under sub- rule (1) which shall be numbered consecutively in each year showing the date the application was made, the parties, if any, and the decision of the single judge thereon. Section 49(4) The provisions of this rule shall apply to the hearing of urgent applications during the term and in recess. Section 49(5) The refusal by the judge to certify an application as urgent under this rule shall not...

Section 50. Number of copies of applications required Section 50(1) When an application is to be heard by a single judge, the application and documents relating thereto shall be filed in two copies, and in four copies in all other cases. Section 50(2) Where an application is adjourned by a single judge for the determination of the Court and in any case where an application is referred to the Court under rule 57, the person applying to the Court shall, before the date of the hearing by the Court, file two extra copies of the application and the other documents relating thereto, including any affidavits filed by any other party before the adjournment or the giving of notice, as the case may be.