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Contents  

Long Title

Part I PRELIMINARY

Part II THE SUPREME COURT

Part III THE HIGH COURT

General

Original Jurisdiction

Appellate Jurisdiction of the High Court

Revision

Allocation of Proceedings

Part IV THE COURT OF APPEAL

Part IVA CIVIL JURISDICTION OF COURT OF APPEAL

Part V CRIMINAL JURISDICTION OF COURT OF APPEAL

Part VI OFFICERS AND OFFICES

Registrar

Sheriff

Accountant

Subordinate officers

Offices

Part VII MISCELLANEOUS PROVISIONS

List of Touts

Disabilities of Registrar and other officers

Protection of Registrar and other officers

Rules of Court

Council of Judges

FIRST SCHEDULE Additional Powers of the High Court

SECOND SCHEDULE

Legislative History

Comparative Table

 
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PART VII
MISCELLANEOUS PROVISIONS
List of Touts
Disabilities of Registrar and other officers
Disqualification of Registrar
75.
—(1)  The Registrar, the Deputy Registrar or an Assistant Registrar shall not be capable of accepting or taking any other office of emolument, nor of carrying on any business either directly or indirectly, nor shall he accept any fees of office, perquisites, emoluments or advantages, other than and except his salary and allowances.
[58/73]
(2)  The Registrar, the Deputy Registrar or an Assistant Registrar may, with the approval of the Chief Justice, be appointed to any commission of inquiry or other quasi-judicial or administrative tribunal, or hold any office in any institution or society for charitable purposes or for the advancement or encouragement of art, science, education, or other knowledge and may receive an allowance or other honorarium.
[58/73]
Misconduct of officers
78.
—(1)  Without prejudice to any written law and rules governing the conduct and discipline of public officers, if any officer of the Supreme Court is charged —
(a)
with extortion or misconduct while acting under colour of the process of the Supreme Court; or
(b)
with not duly paying or accounting for any money levied by him under the authority of this Act or Rules of Court,
it shall be lawful for the Registrar to inquire into the matter in a summary way.
(2)  For the purpose of any such inquiry, the Registrar may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced.
(3)  On any such inquiry, the Registrar may make such order as he thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to him to be adequate.
(4)  If it is found by the Registrar that any officer, while employed in putting in execution this Act or Rules of Court or any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward whatsoever, other than such fees as are for the time being allowed under this Act or Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the Supreme Court.
(5)  An appeal shall lie to the Chief Justice from an order made by the Registrar under this section.
(6)  The decision of the Chief Justice shall be final.
Protection of Registrar and other officers
Protection of Registrar and other officers
79.
—(1)  The Registrar, the Deputy Registrar or an Assistant Registrar or other person acting judicially shall not be liable to be sued in any court exercising civil jurisdiction for any act done by him in the discharge of his judicial duty whether or not within the limits of his jurisdiction, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.
[58/73]
(2)  No officer of the Supreme Court charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the court shall be liable to be sued in any court exercising civil jurisdiction for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless it appears that he knowingly acted in excess of the authority conferred upon him by such writ, summons, warrant, order, notice or other mandatory process of the court.
(3)  An officer of the Supreme Court shall not be deemed to have acted knowingly in excess of his authority merely by reason of the existence of a dispute as to the ownership of any property seized under any writ or order of execution.
Rules of Court
Rules of Court
80.
—(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.
[16/93]
(2)  Without prejudice to the generality of subsection (1), Rules of Court may be made for the following purposes:
(a)
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;
(b)
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);
(c)
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;
(d)
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;
(e)
regulating and prescribing the procedure to be followed on appeals from the High Court to the Court of Appeal;
(f)
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;
(g)
enabling proceedings —
(i)
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;
(ii)
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
(iii)
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;
(h)
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;
(i)
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;
(j)
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;
(k)
prescribing in what cases money due under a judgment or order is to be paid into court;
(l)
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;
(m)
regulating the discovery of a judgment debtor’s property in aid of the execution of any judgment or order;
(n)
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;
(o)
prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons;
(p)
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
(q)
amending, altering or adding to the forms set out in any written law relating to criminal procedure.
[16/93; 2/94]
(3)  The Rules Committee shall consist of —
(a)
the Chief Justice, who shall be the Chairman of the Committee;
(b)
the Attorney-General;
(c)
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;
(d)
the Senior District Judge;
(e)
a District Judge to be appointed by the Chief Justice for such period as he may specify in writing; and
(f)
2 practising advocates and solicitors to be appointed by the Chief Justice for such period as he may specify in writing.
[3/96]
(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.
Council of Judges
Council of Judges to consider operation of this Act, etc.
81.  A council of the Judges of the Supreme Court shall assemble once at least in every year, on such day or days as shall be fixed by the Chief Justice, for the purpose of —
(a)
considering the operation of this Act and of any Rules of Court;
(b)
considering the working of the Registry of the Supreme Court and the arrangements relative to the duties of the officers of the Supreme Court; and
(c)
inquiring and examining into any defects which may appear to exist in the system of procedure or the administration of the law in the High Court, the Court of Appeal or in any subordinate court.
[16/93]