District Court Rules
Schedule: B - Forms in criminal proceedings Form: 10.7 Order (Setting Aside) / (Refusing To Set Aside) Proceedings - Courts Act, 1991 Section 22 (7)
No. 10.7
O.10, r.23 (5)
Courts Act, 1991
Section 22 (7)
Order *(Setting Aside) *(Refusing To Set Aside) Proceedings
District Court Area of
District No.
................. Applicant
of .....................
WHEREAS proceedings in a case of summary jurisdiction entitled
.................. *Complainant *Prosecutor
-v-
.................. *Defendant *Accused
were brought by summons before the Court on the ... day of .... 19..., alleging that the *defendant *accused did on the ... day of ..... 19..., at .................. *(in court area and district aforesaid)—
AND WHEREAS the Court on the ... day of ..... 19... proceeded to hear the *complaint *accusation to which the summons related,
NOW THE COURT, on hearing an application made by the above-named *defendant *accused pursuant to section 22 (6) (a) of the above-mentioned Act to have the said proceedings set aside on the ground that he/she did not receive notice of the summons or of the hearing to which the summons related, and being satisfied that notice of the application was duly served upon the *complainant *prosecutor,
*[HEREBY REFUSES to grant the said application.]
*[HEREBY GRANTS the said application
AND DIRECTS that the *complaint *accusation to which it relates be heard again at the sitting of the District Court to be held at ................ on the ... day of ..... 19... at .... a.m./p.m.]
Dated this .... day of ........ 19 .... .
Signed ..........................
Judge of the District Court
* Delete where inapplicable
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