ORDER 34 - SETTLEMENT AND TRIAL OF ISSUES

ADAMAWA
ORDER 34 - SETTLEMENT AND TRIAL OF ISSUES
SETTLEMENT OF ISSUES

1. At any time before or at the hearing, the Court may, if it thinks fit, on the application of any party, or of its own motion, proceed to ascertain and determine what the material questions are

in controversy between the parties, and may reduce such questions into writing and settle them in the form of issues which issues when settled may state questions of law on admitted facts, or questions of disputed facts, or questions partly of the one kind and partly of the other.

2. The Court may, if it thinks fit, direct the parties to prepare such issues, and the issues shall be settled by the Court.

3. The issues may be settled without any previous notice at any stage of the proceedings, at which all the parties are actually present, or at the hearing.If otherwise, notice shall be given to the parties to attend the settlement of the issues.

      

4. At any time before the decision of the case, if it appears to the Court necessary for the purpose of determining the real question or controversy between the parties, the Court may amend the issues or frame additional issues on such terms as to it shall seem fit.

TRIAL OF QUESTIONS AND ISSUES

                  

5.-(1) The Court may order any question or issue arising in a cause or matter, whether of fact or of law, or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

(2) An order under this role may be made on application by a party or by the Court or a Judge in Chambers on its or his own motion.

(3) Application by any party for such order shall be by motion on notice stating the question or issue sought to be tried.

6. If it appear to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter, or make such other order or give such judgment therein as may be just.

7. This Order shall be subject to the provision of these rules and any written laws inforce in the State regarding transfer of cases. 

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