Introduction

[1] The Plaintiff by way of this Originating Summons ("OS") is seeking to set aside a decision of the Magistrate given on 3 August 2020 in a civil suit WA-A72-15-01/2019.

[2] The provisions of law mentioned in the intitulement of the OS are O 7, 28, 5(3) &(4) and 92(4) of the Rules of Court 2012 ("the Rules").

[3] It is pointless to reproduce all the provisions of the Rules mentioned in the intitulement as all are general provisions Suffice if O 7(2) 1A is reproduced here:

2. Forms of originating summons (O 7 r. 2)

(1A) Every originating summons shall state in its intitulement any provision of these Rules and any provision of any written law under which the Court is being moved.

[4] The provision of the written law mentioned in the intitulement are ss 23,32,34 of the Court of Judicature Act 1964 , As s 23 is a general provision of the law it need not be reproduced. The relevant provisions of the law are ss 32 and 34 which for ease of reference are reproduced here:

Section 32

The High Court may call for and examine the record of any civil proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety