The Petition

• Rule 7: States that the Petitioner or the person intending to have the
marriage annulled can file a Petition (Form 2) together with an
affidavit in support (Form 7) in the High Court to have the marriage
annulled.

• Rule 8: Contents of General Petition shall contain all the information

that is required

• Rule 9: The solicitors can sign the Petition

• Filed the Petition and wait for it to be extracted with the case number.
 Service of Petition
• Rule 12: Must be served personally or by post.
• Rule 12 (9): If failed to serve we normally can
apply to court for substitute service
• Rule 21: Notice of proceedings (Form 5) and
acknowledgement of service (Form 6)
 Defend/answer
• Rule 13: If the RESPONDENT has intention to defend the case, then they
can file Notice to Defend before court to give any directions towards the
case.

• Rule 13(1): Time limited for giving notice of intention to defend are 8 days.

• Rule 16: The Respondent may filed an answer to the Petition or any cross
petition may do so within 21 days after the expiration of the time limited
for giving any notice to Defend.

• Rule 17: A reply can be filed within 14 days when we received the answer.

• If no reply filed, that means the Petitioner denies every material allegation
of fact made.
 Trial/Hearing
• Rule 29: Directions for trial.
a) Once the court is satisfied with the Pleadings, the court will give Hearing
dates.
b) The court will grant a decision decree nisi.
c) Lodging with the registrar a notice in Form 8.
d) If the High Court is satisfied that the ground for nullity exists, the court
will order for the marriage to be annulled.
e) Usually the High Court will grant a decree nisi which is to be made
absolute after 3 months.
f) Registrar send to the applicant and respondent a certificate in Form 9 or
10 (Rule 55(2)(a).