2. In these rules, unless the context otherwise requires:-
“the Chief Registrar” includes any Registrar or Assistant Registrar attached to the Supreme Court;
“the Court” means the District Court having jurisdiction in the matter and sitting in the administrative district in which the nuisance is sought to be abated;
“the defendant” means the person to whom the summons issued under these rules is addressed.
3. (1) Proceedings in the Court for an order to abate a nuisance shall be commenced by summons to be issued upon application made by the council desiring to commence such proceedings.
(2) The application shall be made in writing and shall specify the nature of the nuisance sought to be abated and the situation of the premises or place where the nuisance is alleged to exist.
(3) The application shall be signed by some one of the persons who are authorized by section 203 of the Law to appear before the Court or by an advocate acting on behalf of the council.
4. Upon receipt of an application as aforesaid, the Court shall issue a summons in accordance with the terms of the application, calling on the defendant to appear before the Court on a specified day for the purpose of the proceedings to be had.
The summons shall be sealed with the seal of the Court or, in lieu of being sealed, it may be signed by one of the judges.
5. The summons shall be served in any one of the ways provided by section 207 of the Law, and service may be proved in the same manner as in criminal proceedings.
6. (1) The procedure to be followed by the Court on the hearing of the proceedings shall as far as possible be the same as that followed by the Court in criminal proceedings upon summary trial.
(2) The defendant may appear in person or be represented by counsel.
(3) No warrant of arrest shall be issued to compel the attendance of a defendant who fails to appear or to be represented; but the Court may, upon proof of service of the summons, hear the evidence produced by the council and make such order as it shall think fit.
7. (1) The application for leave to appeal, or, as the case may be, the declaration of intention to appeal, shall be made in writing and set out fully the grounds on which the appeal is made.
(2) The address for service to be stated in such application or declaration shall be an address within the municipal limits of the town of Nicosia.
(3) Notice of such application or declaration shall be given to the other party by serving on such party a copy thereof, and in the case of an application the Court may hear the council with regard to the conditions to be imposed.
(4) On granting leave to appeal the Court shall record the conditions on which such leave is granted.
8. Within seven days of obtaining leave to appeal or of declaring an intention to appeal, as the case may be, the appellant shall request the Chief Registrar to furnish him with four copies of the proceedings or such part thereof as the appellant may consider necessary.
The appellant shall, if so required, deposit a sum sufficient to cover the fees chargeable for the copies.
9. (1) The day to be fixed for the hearing of the appeal shall wait upon the carrying out of the provisions of rule 8.
(2) Notice shall be given to the appellant of the day so fixed either verbally if he is present at the office of the Supreme Court, or in writing to be left at his address for service.
(3) The day fixed for the hearing shall not, unless the Supreme Court otherwise directs, be less than fourteen days after the day on which notice under this rule is given to the appellant.
10. Save where the Supreme Court otherwise directs, the appellant shall, at least seven days before the day fixed for the hearing of the appeal, serve the respondent with notice of such day.
11. When the appeal is concluded, the Chief Registrar shall endorse the file of the proceedings with a note of the order made by the Supreme Court and return such file to the Court from which the appeal was made.
12. The Supreme Court shall have power upon good cause shown to extend the time prescribed by rule 8, but if the appellant fails to carry out the requirements of that rule within the time therein prescribed or such extended time as such Court may allow upon application made within one month of obtaining leave or, as the case may be, of declaring the intention to appeal, the appeal shall stand dismissed and the Chief Registrar shall endorse the file of the proceedings accordingly and return such file to the Court from which it came.
13. The powers given to the Supreme Court by these rules may be exercised by one judge of such Court with or without notice to any other party than the party applying.
Documents for service which are affected by any direction made in the exercise of such powers shall be endorsed by the Chief Registrar accordingly.
15. The forms prescribed in the Appendix to these rules shall, where applicable, be used with such variations as the nature of the case may require.
16. Every document forming part of the proceedings and every document filed in or issuing out of the Court or of the Supreme Court in connection therewith shall be entitled as follows :-
In the District Court of………… No…………
Registry of…………
(or, In the Supreme Court, Appeal No…………, as the case may be).
In the matter of the Municipal Corporations Law, Cap. 252.
The Council of the Municipal Corporation of…………
v.
A.B., of……………………
17. The fees prescribed in Appendix C to the Court Fees Order shall be charged in proceedings under these rules.
18. The law and rules governing criminal proceedings on summary trial and appeals in such proceedings shall apply to any matter for which no provision is made by these rules.