(1) If an applicant
does not attend a mention hearing, the court —
(a) if
it is satisfied the applicant was notified of the hearing, is to dismiss the
application; or
(b)
otherwise, is to adjourn the hearing.
(2) If a respondent
does not attend a mention hearing and the applicant does attend, the court
—
(a) if
it is satisfied the respondent was served with the summons requiring the
respondent to attend the hearing, is to hear the matter in the absence of the
respondent; or
(b)
otherwise, is to adjourn the hearing.
(3) When hearing a
matter in the absence of the respondent, the court is to —
(a) make
a restraining order; or
(b)
dismiss the application; or
(c)
direct the registrar to fix a hearing and summons the respondent to attend the
hearing; or
(d)
adjourn the mention hearing.
(4) The registrar is
to prepare and serve an order made under subsection (3)(a).
[Section 40 amended: No. 10 of 1998 s. 62(2); No.
59 of 2004 s. 123.]