Rules of Court
—(1) The Rules Committee constituted under subsection (3) may make Rules of Court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the High Court and the Court of Appeal respectively in all causes and matters whatsoever in or with respect to which those courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Supreme Court) and any matters incidental to or relating to any such procedure or practice.
(2) Without prejudice to the generality of subsection (1), Rules of Court may be made for the following purposes:
prescribing the manner in which, and the time within which, any application which under this Act or any other written law is to be made to the High Court or the Court of Appeal shall be made;
prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Judge in court or in chambers may be transacted or exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for appeals against decisions of the Registrar, the Deputy Registrar or an Assistant Registrar);
regulating and prescribing the procedure to be followed in regard to proceedings under the Government Proceedings Act (Cap. 121) where such proceedings are instituted in the Supreme Court;
regulating and prescribing the procedure to be followed on appeals from any subordinate court to the High Court or the Court of Appeal and the procedure in connection with the transfer of any proceedings from any subordinate court to the High Court or from the High Court to a subordinate court;
regulating and prescribing the procedure to be followed on appeals from the High Court to the Court of Appeal;
prescribing the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the High Court or the Court of Appeal, and for regulating any matters relating to the costs of proceedings in such courts;
enabling proceedings —
to be commenced in the High Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
purporting to have been commenced in the High Court by or against a person to be treated, if he was dead at their commencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or letters of administration was made before their commencement; and
commenced or treated as commenced in the High Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connection with or at any stage of any proceedings;
regulating the joinder of parties and for prescribing in what cases persons absent, but having an interest in a cause or matter, shall be bound by any order made therein, and in what cause or matter orders may be made for the representation of absent persons by one or more parties to a cause or matter;
regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court, except that in no case shall any rate of interest exceed 8% per annum, unless it has been otherwise agreed between the parties;
prescribing in what cases money due under a judgment or order is to be paid into court;
regulating the modes in which a writ of seizure and sale may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by the Sheriff or any other officer of the Supreme Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Supreme Court may be secured to the purchasers;
regulating the discovery of a judgment debtor’s property in aid of the execution of any judgment or order;
the taking of evidence before an examiner on commission or by letters of request, and prescribing the circumstances in which evidence so taken may be read on the trial of an action;
prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons;
prescribing the duties of the Accountant in respect of funds or property in the custody of the court, and in particular prescribing the mode of transfer of securities into the name of the Accountant, and the method of investment of any such funds, and the rate of interest to be charged thereon, and the manner in which unclaimed funds may be dealt with; and
amending, altering or adding to the forms set out in any written law relating to criminal procedure.
(3) The Rules Committee shall consist of —
the Chief Justice, who shall be the Chairman of the Committee;
not more than 5 Judges of the Supreme Court to be appointed by the Chief Justice for such period as he may specify in writing;
the Senior District Judge;
a District Judge to be appointed by the Chief Justice for such period as he may specify in writing; and
2 practising advocates and solicitors to be appointed by the Chief Justice for such period as he may specify in writing.
(4) At any meeting of the Rules Committee, 5 members shall form a quorum and all questions shall be decided by a majority of votes of the members present and voting.
(5) No Rules of Court shall be made without the consent of the Chief Justice.
(6) All Rules of Court made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.