The County Court Rules 1981

PART IIIFROM A COUNTY COURT TO THE HIGH COURT

Action for recovery of land

9.  An application to the High Court under section 49 of the Act for the transfer of an action for recovery of land to the High Court shall be made within 14 days after the service of the summons on the defendant.

Objection to trial in county court

10.—(1) Notice of objection under section 44 of the Act to an action being tried in a county court shall be given to the plaintiff within 14 days after service of the summons on the defendant.

(2) An application for the certificate required by subsection (2)(b) of the said section 44 shall be made to the judge on notice to the proper officer and the plaintiff, accompanied by an affidavit showing the important question of law or fact which the defendant alleges is likely to arise.

(3) If the certificate is granted and the security required by subsection (2)(a) of the said section 44 is given, the proper officer shall give notice to that effect to the plaintiff.

Procedure on transfer or removal

11.  Where an order is made by the High Court or a county court for the transfer or removal of any proceedings from a county court to the High Court, the proper officer shall—

(a)send notice of the transfer or removal to all parties to the proceedings, and

(b)make copies of all entries in the records of the court relating to the proceedings and send them, certified by the registrar, to the proper officer of the High Court, together with—

(i)all documents filed in the proceedings,

(ii)the order of transfer if made by the county court, and

(iii)in the case of legitimacy proceedings, a certificate by the registrar showing the state of the proceedings and the steps which have been taken therein.

Certiorari or prohibition

12.  A party obtaining from the High Court, on an ex parte application, an order giving leave to make an application for an order of certiorari to remove proceedings from a county court or an order of prohibition to any such court shall forthwith serve a copy of the order on the opposite party and on the proper officer of the county court.