Where issues both of law and of fact arise in the same suit and the Court is of opinion
that the case or any party thereof may be disposed of on the issues of law only, it shall try
those issues first, and for that purpose may, if it thinks fit, postpone the framing of the
issues of fact until after the issues of law have been determined.
CHAPTER 3.
WITNESSES
84.
Power to Summon Witnesses:The Court may at any time, either of its own motion or on the application of any party:(a) issue summons to any person whose attendance is required to give evidence
or produce documents or other material objects producible as evidence;
(b) order any person present in Court to give evidence or to produce any
document or other thing then and there in his possession or power;
(c) make such orders as may be necessary and reasonable in all matters relating
toe the delivery and answering of interrogatories, the admission of
documents and facts, and the discovery, inspection production, impounding
and return of documents or other object as aforesaid.
85.
Power to Compel Witnesses to Attend:1) Where a person to whom a summon has been issued under section 84 neglects or
refuses to obey the common, the Court may, if it is satisfied that the person so
summoned has failed to comply with it without lawful excuse or has intentionally
avoided service, issue a warrant for the arrest of such person.
2) The Court may either instead of, or in addition to issuing a warrant of arrest of such
person, make an order for the attachment of his property to such amount as it thinks
fit, not exceeding the amount of the costs of the attachment and of any fine which
may be imposed under subsection (4) below.
3) Where at any time after the attachment of his property such person appears and
satisfies the Court that he did not without lawful excuse fail to comply with the
summons or intentionally avoid service, the Court shall direct that the property be
released from attachment, and shall make such order as to the costs of the attachment,
as it thinks fit.
4) Where such person does not appear, or appears but fails to satisfy the Court, the Court
may impose a fine on him not exceeding Ls.10 and if necessary may order his
property or any part thereof to be attached and sold, or if already attached under subsection (2), to be sold for the purpose of satisfying all costs of such attachment
together with the amount of such fine, if any.
5) The attachment shall be made in the manner provided for the attachment of property
in the execution of a decree.
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