623Applications

623 Applications

(1)  [Rule 623 Subrule (1) substituted by S.R. 2011, No. 26, Applied:20 Apr 2011] An application for relief similar to certiorari, mandamus or prohibition may be made to the Court or a judge.

(2)  An application in the first instance is to be made ex parte for a general order to show cause why the relief sought by the applicant or further or other relief should not be granted upon grounds to be stated in the general order.

(3)  Notwithstanding subrule (2) , the Court or judge is to make an order absolute in the first instance if –

(a) [Rule 623 Subrule (3) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] the application is made by the Attorney-General ex officio, whether on behalf of the Sovereign or a subject, and the application seeks relief similar to certiorari; or

(b) [Rule 623 Subrule (3) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] it appears necessary for the advancement of justice to do so and the application seeks relief similar to certiorari, mandamus or prohibition.

(4)  On an application, the Court or judge may –

(a) [Rule 623 Subrule (4) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] exercise the jurisdiction conferred by section 11(12) of the Act to grant relief similar to mandamus or an injunction by interlocutory order; and

(b) order a stay in respect of any proceedings to which the application relates.

(5)  An application is to –

(a) set out –

(i) the name, address and description of the applicant; and