s 41A Process for making applications to Court in civil proceedings
41A.—(1) Where any written law that provides for an application in any civil proceedings to be made to a Court —(a) does not prescribe the process by which the application is to be made; or (b) prescribes that the application is to be made by way of a petition, a motion, an originating motion or a summons in chambers, that written law is, in relation to any such application that is made thereunder on or after 1 April 2022, deemed to require that the application must be made — (c) by way of an originating application, if it commences the proceedings; or[Act 25 of 2021 wef 01/04/2022] (d) by way of a summons, if it is made in proceedings that are pending.[42/2005] [Act 25 of 2021 wef 01/04/2022] [Act 19 of 2025 wef 05/12/2025] (2) Where pursuant to subsection (1) an application is made to a Court under any written law by way of an originating application or a summons —(a) the application must be made in accordance with the Rules of Court; (b) the Court may give to the parties to the application any directions that the Court thinks just and expedient for the purpose of facilitating the progress of the application as an application made by originating application or summons, as the case may be; and[Act 25 of 2021 wef 01/04/2022] (c) any provision in that written law that relates to the practice and procedure for making such an application and which is inconsistent with this section or with the Rules of Court has, to the extent of the inconsistency, no effect in relation to that application.[42/2005] [Act 25 of 2021 wef 01/04/2022] (3) Subsections (1) and (2) do not apply to —(a) petitions of appeal; or (b) such other class or classes of applications to or proceedings in the Court as may be prescribed under subsection (7).[42/2005] (4) Nothing in this section prevents any relief obtainable by way of an application to a Court under any written law from being included as one of the reliefs sought in an originating claim by which an action is commenced before the Court.[42/2005] [Act 25 of 2021 wef 01/04/2022] (5) To avoid doubt, any application that —(a) was made to a Court before 1 April 2022 under any written law to which subsection (1) applies; and[Act 19 of 2025 wef 05/12/2025] (b) is pending before the Court on or after that date, continues, unless otherwise ordered by the Court, to proceed in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to that application immediately before that date, until the application is finally disposed of by the Court. [Act 25 of 2021 wef 01/04/2022] (6) In this section, “Court” means —(a) the Court of Appeal or a judge sitting in that Court; (b) the Appellate Division of the High Court or a judge sitting in that Division; (ba) the General Division of the High Court or a judge sitting in that Division; (c) a District Court; (d) a Magistrate’s Court; and (e) such other court as may be prescribed.[42/2005; 42/2014; 40/2019] (7) The Minister charged with the responsibility for law may, by order in the Gazette, prescribe —(a) the class or classes of applications to or proceedings in the Court to which this section does not apply; and (b) any other court in relation to which this section applies.[42/2005]