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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