[Rev. 2012] Matrimonial Causes CAP. 152 (4) Where a discretion statement contains an allegation of adultery or other matrimonial offence on the part of the other spouse which is not referable to any specific allegation in the pleadings, notice of such allegation shall be given forthwith to the said spouse: Provided that if the court at the hearing is satisfied that failure to give such notice is justified it may be dispensed with. (5) Neither the fact that a discretion statement has been lodged nor the fact that the said notice has been given nor the contents of the discretion statement or notice shall be given as evidence against the party lodging or giving the same in any matrimonial cause or matter, except when that party has put in evidence in open court the discretion statement or the said notice or the contents thereof. [Act No. 9 of 1967, Sch.] 29. Registrar’s certificate and directions for trial (1) The petitioner or any party who is defending a matrimonial cause shall, before setting down the cause for hearing, refer the pleadings and proceedings in the cause to the Registrar for his certificate that the pleadings and proceedings are in order and for directions as to the place of hearing, and, if the cause is one in which the discretion of the court is prayed under subsection (2) of section 10 of the Act, a statement informing the registrar of that fact shall be lodged with the pleadings. (2) In undefended causes the application for the registrar’s certificate shall include a statement in writing of the places where the witnesses whom it is proposed to call at the trial reside and any other facts relevant to a decision as to the place of trial, and the registrar shall give directions as to the place of trial with his certificate. (3) The registrar may, upon the application of any party, vary any direction given as to the place of hearing of any cause. 30. Setting down for hearing (1) The petitioner, after the Registrar’s certificate has been obtained, shall set the cause down for hearing in the Divorce Registry, and, within eight days of having done so, shall file and give to each party in the cause who has entered an appearance notice of his having done so, and, if the petitioner fails so to set the cause down within fourteen days after the granting of the registrar’s certificate, any party defending the cause may set the cause down for hearing, and within eight days of having done so shall file and give to the petitioner and all other parties in the cause who have entered an appearance notice of his having done so. (2) If an undefended cause is not set down within a month after the granting of the Registrar’s certificate, the cause shall not be set down unless the registrar’s certificate has been renewed. (3) No cause shall be entered for hearing at a District Registry less than fourteen days before the session fixed for that Registry except by order of the judge to be obtained ex parte by motion and with the consent of the judge going the circuit on which that District Registry is. M9 - 31 [Issue 1]