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SUPREME COURT
(CHAPTER 5)
RULES OF THE SUPREME COURT
S 5/90
Amended by
S 23/90
S 14/91
S 30/91
S 35/92
S 41/92
S 28/96
S 7/99
S 8/99
S 37/99
S 31/00
S 77/00
S 92/00
REVISED EDITION 2001
(31st January 2001)
SUBSIDIARY LEGISLATION
RULES OF THE SUPREME COURT
ARRANGEMENTS OF ORDERS, RULES AND LIST OF FORMS
Rule
ORDER 1
CITATION, APPLICATION, INTERPRETATION AND FORMS
1. Citation.
2. Application.
3. Application of Chapter 4.
4. Definitions.
5. Construction of references to Orders, rules etc.
6. Forms.
7. Business by post, fax or electronic mail.
ORDER 2
EFFECT OF NON-COMPLIANCE
1. Non-compliance with rules.
2. Application to set aside for irregularity.
ORDER 3
TIME
1. “Month” means calendar month.
2. Reckoning periods of time.
3. Time expires on weekly holiday etc.
4. Extension etc. of time.
5. Notice of intention to proceed after year’s delay.
ORDER 4
CONSOLIDATION PROCEEDINGS
1. Consolidation etc. of causes or matters.
ORDER 5
MODE OF BEGINNING CIVIL PROCEEDING IN HIGH COURT
1. Mode of beginning civil proceedings.
2. Proceedings which must be begun by writ.
3. Proceedings which must be begun by originating summons.
4. Proceedings which may be begun by writ or originating summons.
5. Proceedings to be begun by motion or petition.
6. Right to sue in person.
ORDER 6
WRITS OF SUMMONS: GENERAL PROVISIONS
1. Form of writ.
2. Indorsement of claim.
3. Indorsement as to capacity.
4. Indorsement as to solicitor and address.
5. Concurrent writ.
6. Issue of writ.
7. Duration and renewal of writ.
ORDER 7
ORIGINATING SUMMONSES: GENERAL PROVISIONS
1. Application.
2. Form of summons etc.
3. Contents of summons.
4. Concurrent summons.
5. Issue of summons.
6. Duration and renewal of summons.
7. Ex parte originating summons.
ORDER 8
ORGINATING AND OTHER MOTIONS: GENERAL PROVISIONS
1. Application.
2. Notice of motion.
3. Form and issue of notice of motion.
4. Service of notice of motion with writ etc.
5. Adjournment of hearing.
ORDER 9
PETITIONS: GENERAL PROVISIONS
1. Application.
2. Contents of petition.
3. Fixing time for hearing petition.
4. Certain applications not to be made by petition.
ORDER 10
SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS
1. General provisions.
2. Service of writ on agent of overseas principal.
3. Service of writ in pursuance of contract.
4. Service of writ in certain actions for possession of immovableproperty.
5. Service of originating summons, petition and notice of motion.
ORDER 11
SERVICE OF PROCESS ETC. OUT OF THE JURISDICTION
1. Principal cases in which service of notice of writ out ofjurisdiction is permissible.
2. Service out of the jurisdiction in certain actions of contract.
3. Leave for service of notice of writ.
4. Application for, and grant of, leave to serve notice of writ out ofjurisdiction.
5. Service of notice of writ abroad: General.
6. Service of notice of writ abroad through foreign governments,judicial authorities and Bruneian consuls.
7. Service of notice of writ in certain actions under certain writtenlaw.
8. Undertaking to pay expenses of service incurred by Minister.
9. Service of originating summons, petition, notice of motion etc.
ORDER 12
ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS
1. Mode of entering appearance.
2. Memorandum of appearance.
3. Procedure on receipt of requisite documents.
4. Time limited for appearing.
5. Late appearance.
6. Conditional appearance.
7. Application to set aside writ etc.
8. Appearance to originating summons.
ORDER 13
DEFAULT OF APPEARANCE TO WRIT
1. Claim for liquidated demand.
2. Claim for unliquidated damages.
3. Claim in detinue.
4. Claim for possession of immovable property.
5. Mixed claims.
6. Other claims.
7. Proof of service of writ.
8. Setting aside judgment.
ORDER 14
SUMMARY JUDGMENT
1. Application by plaintiff for summary judgment.
2. Manner in which application under rule 1 must be made.
3. Judgment for plaintiff.
4. Leave to defend.
5. Application for summary judgment on counter-claim.
6. Directions.
7. Costs.
8. Right to proceed with residue of action or counter-claim.
9. Judgment for delivery up of movable property.
10. Relief against forfeiture.
11. Setting aside judgment.
ORDER 14A
DETERMINATION OF LAW OR CONSTRUCTION
1. Question of law.
2. Application.
ORDER 15
CAUSES OF ACTION, COUNTER-CLAIMS AND PARTIES
1. Joinder of causes of action.
2. Counter-claim against plaintiff.
3. Counter-claim against additional parties.
4. Joinder of parties.
5. Court may order separate trials etc.
6. Misjoinder and non-joinder of parties.
6A. Proceedings against estates.
7. Change of parties by reason of death etc.
8. Provisions consequential on making of order under rule 6 or 7.
9. Failure to proceed after death of party.
10. Action for possession of immovable property.
11. Relator actions.
12. Representative proceedings.
13. Representation of interested persons who cannot be ascertainedetc.
14. Representation of beneficiaries by trustees etc.
15. Representation of deceased person interested in proceedings.
16. Declaratory judgment.
17. Conduct of proceedings.
ORDER 16
THIRD PARTY AND SIMILAR PROCEEDINGS
1. Third party notice.
2. Application for leave to issue third party notice.
3. Issue and service of, and entry of appearance to third partynotice.
4. Third party directions.
5. Default of third party etc.
6. Setting aside third party proceedings.
7. Judgment between defendant and third party.
8. Claims and issues between a defendant and some other party.
9. Claims by third and subsequent parties.
10. Offer of contribution.
11. Counter-claim by defendant.
ORDER 17
INTERPLEADER
1. Entitlement to relief by way of interpleader.
2. Claim to goods etc. taken in execution.
3. Mode of application.
4. Service of summons.
5. Powers of Court hearing summons.
6. Power to order sale of goods taken in execution.
7. Power to stay proceedings.
8. Other powers.
9. One order in several causes or matters.
10. Discovery.
11. Trial of interpleader issue.
ORDER 18
PLEADINGS
1. Service of statement of claim.
2. Service of defence.
3. Service of reply and defence to counter-claim.
4. Pleadings subsequent to reply.
5. Pleadings: Formal requirements.
6. Facts, not evidence, to be pleaded.
7. Matters which must be specifically pleaded.
7A. Conviction.
8. Matter may be pleaded whenever arising.
9. Departure.
10. Points of law may be pleaded.
11. Particulars of pleading.
12. Admissions and denials.
13. Denial by joinder of issue.
14. Statement of claim.
15. Defence of tender.
16. Defence of set-off.
17. Counter-claim and defence to counter-claim.
18. Striking out pleadings and indorsements.
19. Close of pleadings.
20. Filing of pleadings.
21. Trial without pleadings.
22. Saving for defence under Merchant Shipping Act.
ORDER 19
DEFAULT OF PLEADINGS
1. Default in service of statement of claim.
2. Default of defence: Claim for liquidated demand.
3. Default of defence: Claim for unliquidated damages.
4. Default of defence: Claim in detinue.
5. Default of defence: Claim for possession of immovable property.
6. Default of defence: Mixed claim.
7. Default of defence: Other claims.
8. Default of defence to counter-claim.
9. Setting aside judgment.
ORDER 20
AMENDMENT
1. Amendment of writ without leave.
2. Amendment of appearance.
3. Amendment of pleadings without leave.
4. Application for disallowance of amendment made without leave.
5. Amendment of writ or pleading with leave.
6. Amendment of other originating process.
7. Amendment of certain other documents.
8. Failure of amend after order.
9. Mode of amendment of writ etc.
10. Amendment of judgment and orders.
11. Amendment of agreement.
ORDER 21
WITHDRAWAL AND DISCONTINUANCE
1. Withdrawal of appearance.
2. Discontinuance of action etc. without leave.
3. Discontinuance of action etc. with leave.
4. Effect of discontinuance.
5. Stay of subsequent action until costs paid.
6. Withdrawal of summons.
ORDER 22
PAYMENT INTO AND OUT OF COURT
1. Payment into Court.
2. Payment in by defendant who has counterclaim.
3. Acceptance of money paid into Court.
4. Order for payment out of money accepted required in certaincases.
5. Money remaining in Court.
6. Counterclaim.
7. Non-disclosure of payment into Court.
8. Money paid into Court under Order.
9. Payment out of money paid into Court under Exchange ControlAct.
10. Person to whom payment to be made.
11. Payment out: Small Intestate Estates.
12. Payment of hospital expenses.
13. Written offers without prejudice save as to costs.
ORDER 22A
OFFER TO SETTLE
1. Offer to settle.
2. Timing.
3. Acceptance.
4. Without prejudice.
5. Non-disclosure.
6. Acceptance.
7. Disability.
8. Compliance.
9. Costs.
10. Joint and several liability.
11. Offer to contribute.
12. Discretion of Court.
13. Counter-claims and third party claims.
ORDER 23
SECURITY FOR COSTS
1. Security for costs of action etc.
2. Manner of giving security.
3. Saving for written law.
ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS
1. Mutual discovery of documents.
2. Discovery by parties without Order.
3. Order for discovery.
4. Order for determination of issue etc. before discovery.
5. Form of list and affidavit.
6. Defendant entitled to copy of co-defendant’s list.
7. Order for discovery of particular documents.
7A. Disclosure by non-parties.
7B. Disclosure in cases of personal injury or death.
7C. Provisions supplementary to rules 7A and 7B.
7D. Application under rule 7A or 7B.
8. Discovery to be ordered only if necessary.
9. Inspection of documents referred to in list.
10. Inspection of documents referred to in pleadings andaffidavits.
11. Order for production for inspection.
11A. Copies of documents.
12. Order for production to Court.
13. Production to be ordered only if necessary etc.
14. Production of business books.
14A. Use of documents.
15. Document disclosure of which would be injurious to publicinterest: Saving.
16. Failure to comply with requirement for discovery etc.
17. Revocation and variation of Orders.
ORDER 25
SUMMONS FOR DIRECTIONS
1. Summons for directions.
2. Duty to consider all matters.
3. Particular matters for consideration.
4. Admissions and agreements to be made.
5. Limitation of right of appeal.
6. Duty to give all information at hearing.
7. Duty to make all interlocutory applications on summons fordirections.
8. Automatic direction in personal injury action.
ORDER 26
INTERROGATORIES
1. Discovery by interrogatories.
2. Discovery by interrogatories without leave of Court.
3. Interrogatories where party is a body of persons.
4. Statement as to party etc. required to answer.
5. Objection to answer on ground of privilege.
6. Insufficient answer.
7. Failure to comply with Order.
8. Use of answers to interrogatories at trial.
9. Revocation and variation of Orders.
ORDER 27
ADMISSIONS
1. Admission of case of other party.
2. Notice to admit facts.
3. Judgment on admission of facts.
4. Admission and production of documents specified in list ofdocuments.
5. Notices to admit or produce documents.
ORDER 28
ORGINATING SUMMONS PROCEDURE
1. Application.
1A. Affidavit evidence.
2. Fixing time for attendance of parties before Court.
3. Notice of first hearing etc.
4. Directions etc. by Court.
5. Adjournment of summons.
6. Applications affecting party in default of appearance.
7. Counter-claim by defendant.
8. Continuation of proceedings as if cause or matter begun bywrit.
9. Order for hearing or trial.
10. Failure to prosecute proceedings with despatch.
11. Abatement etc. of action.
ORDER 29
PART I
INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY ETC.
1. Application for injunction.
1A. Cross examination as to assets.
2. Detention, preservation etc. of subject matter of cause ormatter.
3. Power to order samples to be taken etc.
4. Sale of perishable property etc.
5. Order for early trial.
6. Recovery of movable property subject to lien etc.
7. Directions.
7A. Property.
8. Allowance of income of properly pendente lite .
9. Injunctions.
PART II
INTERIM PAYMENTS
10. Interpretation of Part II.
11. Application for interim payment.
12. Order for interim payment in respect of damages.
13. Order for interim payment in respect of sums other thandamages.
14. Manner of interim payment.
15. Directions on application under rule 11.
16. Non-disclosure of interim payment.
17. Payment into Court in satisfaction.
18. Adjustment on final judgment or order or on discontinuance.
19. Counter-claim and other proceedings.
ORDER 30
RECEIVERS
1. Application for receiver and injunction.
2. Giving of security by receiver.
3. Remuneration of receiver.
3A. Service.
4. Receiver’s account.
5. Payment of balance etc. by receiver.
6. Default by receiver.
7. Directions.
ORDER 31
SALES ETC. OF IMMOVABLE PROPERTY BY ORDER OF COURT
1. Power to order sale of immovable property.
2. Manner of carrying out sale.
3. Certifying result of sale.
4. Charge, exchange or partition under order of the Court.
5. Reference of matters to a solicitor.
6. Objection to opinion of solicitor.
ORDER 32
APPLICATION AND PROCEEDINGS IN CHAMBERS
1. Mode of making application.
2. Issue of summons.
3. Service of summons.
4. Adjournment of hearing.
5. Proceeding in absence of party failing to attend.
6. Order make ex parte may be set aside.
7. Revoked .
8. Application for leave to institute certain proceedings.
9. Jurisdiction of Registrar.
10. Reference of matter to Judge.
11. Power to direct hearing in Court.
12. Obtaining assistance of experts.
13. Notice of filing etc. of affidavit.
14. Disposal of matters in Chambers.
15. Papers for use of Court etc.
16. Uncontested chamber applications.
17. Notes of proceedings in Chambers.
ORDER 33
MODE OF TRIAL
1. Mode of trial.
2. Time etc. at trial of questions or issues.
3. Determining the mode of trial.
4. Dismissal of action etc. after decision of preliminary issue.
4A. Split trial offer on liability.
ORDER 34
SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT
1. Application and interpretation.
2. Time for setting down action.
3. Lodging documents when setting down.
4. Directions relating to lists.
5. Notification of setting down.
6. Abatement etc. of action.
7. Notice of trial.
8. Notice of trial by defendant. Application to dismiss for want ofprosecution.
9. The Court bundle.
10. Parties to appear by special notice.
ORDER 34A
PRE-TRIAL CONFERENCES
1. Power to make orders.
2. Directions as to pre-trial conferences.
3. Notification.
4. Attendance.
5. Adjournments.
6. Failure to appear.
7. Non-disclosure.
ORDER 35
PROCEEDINGS AT TRIAL
1. Failure to appear by both parties or one of them.
2. Judgment etc. given in absence of party may be set aside.
3. Adjournment of trial.
4. Order of speeches.
5. Inspection by Judge.
6. Death of party before giving of judgment.
7. Entries to be made by Registrar or proper officer of the Court.
8. List of exhibits.
9. Custody of exhibit after trial.
10. Impounded documents.
11. Continuation of trial by another Judge.
ORDER 36
TRIALS BEFORE AND INQUIRIES BY REGISTRAR
1. Power to order trial before Registrar.
2. Trial before, and inquiry by Registrar.
ORDER 37
ASSESSMENT OF DAMAGES
1. Assessment of damages by Registrar.
2. Certificate of amount of damages.
3. Default judgment against some but not all defendants.
4. Power to order Assessment by Registrar or at trial.
5. Assessment of value.
6. Assessment of damages to time of assessment.
7. Application of rules 7 to 10.
8. Provisional damages.
9. Offer to submit.
10. Application for further damages.
ORDER 38
EVIDENCE
PART I
GENERAL EVIDENCE
1. General rule: Witness to be examined orally.
2. Evidence by affidavit.
2A. Exchange of witness statements.
3. Evidence of particular facts.
4. Limitation of expert evidence.
5. Limitation of plans etc. in evidence.
6. Expert evidence in action arising out of accident.
7. Revocation or variation of orders under rules 2 to 6.
8. Application to trials of issues, references etc.
9. Depositions: when receivable in evidence at trial.
10. Court documents admissible or receivable in evidence.
11. Evidence of consent of new trustee to act.
12. Evidence at trial may be used in subsequent proceedings.
13. Order to produce document at proceeding other than trial.
14. Form and issue of writ of subpoena.
15. More than one name may be included in one writ of subpoena adtestificandum .
16. Writ of subpoena duces tecum .
17. Amendment of writ of subpoena.
18. Service of writ of subpoena.
19. Duration of writ of subpoena.
20. Court records.
21. Attendance of prisoner as witness or party.
22. Tender of expenses.
23. Affidavit of service of writ of subpoena.
PART II
HEARSAY EVIDENCE
24. Interpretation.
25. Hearsay notices.
26. Cross examination on hearsay evidence.
27. Credibility.
28. Jurisdiction.
PART III
EXPERT EVIDENCE
29. Interpretation.
30. Restrictions on expert evidence.
31. Direction that report be disclosed.
32. Meeting of experts.
33. Disclosure of part of expert evidence.
34. Expert evidence contained in statement.
35. Expert report disclosed by another party.
36. Time for putting expert report in evidence.
37. Revocation and variation of directions.
ORDER 39
EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT
1. Power to order depositions to be taken.
2. Where person to be examined is out of the jurisdiction.
3. Order for issue of letter of request.
3A. Examination not on oath.
4. Enforcing attendance of witness at examination.
5. Refusal of witness to attend, be sworn etc.
6. Appointment of time and place for examination.
7. Examiner to have certain documents.
8. Conduct of examination.
9. Examination of additional witnesses.
10. Objection to questions.
11. Taking of depositions.
12. Time taken by examination to be indorsed on depositions.
13. Special report by examiner.
14. Order for payment of examiner’s fees.
15. Perpetuation of testimony.
ORDER 40
COURT EXPERT
1. Appointment of expert to report on certain question.
2. Report of court expert.
3. Experiments and tests.
4. Cross-examination of court expert.
5. Remuneration of court expert.
6. Calling of expert witnesses.
ORDER 41
AFFIDAVITS
1. Form of affidavit.
2. Affidavit by two or more deponents.
3. Affidavit by illiterate or blind person.
4. Use of defective affidavit.
5. Contents of affidavit.
6. Scandalous etc. matter in affidavits.
7. Alterations in affidavits.
8. Affidavit not to be sworn before solicitor of party etc.
9. Filing of affidavits.
10. Use of original affidavit or office copy.
11. Document to be used in conjunction with affidavit to be exhibitedto it.
12. Affidavit taken outside Brunei Darussalam admissible without proofof seal etc.
ORDER 42
JUDGMENTS AND ORDERS
1. Delivery of judgment.
2. Written judgment to be filed.
3. Judgment of absent Judge.
4. Entry of judgment in Cause Book.
5. Form of judgment etc.
6. Judgment etc. requiring act to be done: Time for doing it.
7. Date from which judgment or order takes effect.
8. Preparation of judgment or order.
9. Orders required to be drawn up.
10. Drawing up and entry of judgments and orders.
11. Duplicates of judgments and orders.
12. Interest on judgment debts.
13. Interest on debts and damages.
ORDER 43
ACCOUNTS AND INQUIRIES
1. Summary order for account.
2. Court may direct taking of accounts etc.
3. Directions as to manner of taking account.
4. Account to be made, verified etc.
5. Notice to be given of alleged commissions etc. in account.
6. Allowances.
7. Delay in prosecution of accounts etc.
8. Distribution of fund before all persons entitled areascertained.
ORDER 44
PROCEEDINGS UNDER JUDGMENTS AND ORDERS ON THE EQUITY SIDE
1. Application to proceedings under an order.
2. Documents to be filed at registry: Summons to proceed.
3. Service of notice of judgment on person not a party.
4. Directions by Court.
5. Court may require parties to be represented by same solicitor.
6. Court may require parties to be represented by differentsolicitors.
7. Leave to attend proceedings etc.
8. Judgment requiring deed to be settled by Court: Directions.
9. Application of rules 10 to 17.
10. Advertisements for creditors and other claimants.
11. Failure to claim within specified time.
12. Examination etc. of claims.
13. Adjudication on claims.
14. Adjournment of adjudications.
15. Service of notice of judgment on certain claimants.
16. Notice etc. of claims allowed.
17. Service of notices.
18. Interest on debts.
19. Interest on legacies.
20. Determination by judge of question arising before Registrar.
21. Registrar’s certificate.
22. Settling and filing of Registrar’s certificate.
23. Discharge or variation of Registrar’s certificate.
24. Further consideration of cause or matter in Chambers.
25. Further consideration of cause or matter in Court.
ORDER 45
ENFORCEMENT OF JUDGMENTS AND ORDERS
1. Enforcement of judgment etc. for payment of money.
2. Judgment etc. for payment of money to person resident outside the scheduled territories.
3. Enforcement of judgment for possession of immovable property.
4. Enforcement of judgment for delivery of movable property.
5. Enforcement of judgment to do or abstain from doing an act.
6. Judgment etc. requiring act to be done: Order fixing time for doingit.
7. Service of copy of judgment etc. prerequisite to enforcement underrule 5.
8. Court may order act to be done at expense of disobedient party.
9. Execution by or against person not being a party.
10. Conditional judgment: Waiver.
11. Matter occurring after judgment: Stay of execution etc.
12. Forms of writs.
13. Enforcement of judgments and orders for recovery of money etc.
ORDER 46
WRITS OF EXECUTION: GENERAL
1. Definition.
2. When leave to issue any writ of execution is necessary.
3. Application for leave to issue writ.
4. Issue of writ of execution.
5. Writ and praecipe where Exchange Control Act applies.
6. Duration and renewal of writ of execution.
7. Fees, expenses etc. to be levied.
8. Costs of writ.
9. Satisfaction by consent.
10. Where consent refused.
11. Deposit costs of execution with Sheriff.
12. Where Sheriff in possession more than 14 days.
13. Proper officer to give receipt.
Duties of Sheriff
14. Time of lodgment to be forthwith indorsed on writ.
15. Time of execution.
16. Notice of seizure and inventory.
17. Proper officer to keep records and to prepare statement ofaccounts.
18. Sheriff to give information if required.
19. Date of arrest to be indorsed.
20. Sheriff may be required to show cause for neglect of duty.
21. Payment out.
Sale by Sheriff
22. Sheriff to sell.
23. Sale by public auction.
24. Where property exceeds $2,000 sale by licensed auctioneer.
25. Negotiable instruments.
26. Sheriff may execute or indorse documents.
27. Interpretation of terms.
ORDER 47
WRITS OF SEIZURE AND SALE
1. Power to stay execution by writ of seizure and sale.
2. Separate writs to enforce payment of costs etc.
3. Where landlord claims arrears of rent of premises where propertyseized.
4. After seizure, dealings with property void.
5. Withdrawal and suspension of writ.
6. Immovable property.
7. Sale of immovable property.
ORDER 48
EXAMINATION OF JUDGMENT DEBTOR ETC.
1. Order for examination of judgment debtor.
2. Examination of party liable to satisfy the judgment.
3. Registrar to make record of debtor’s statement.
ORDER 49
GARNISHEE PROCEEDINGS
1. Attachment of debt due to judgment debtor.
2. Application for order.
3. Service and effect of order to show cause.
4. No appearance or dispute of liability by garnishee.
5. Dispute of liability by garnishee.
6. Claims of third persons.
7. Judgment creditor resident outside scheduled territories.
8. Discharge of garnishee.
9. Money in Court.
10. Costs.
ORDER 50
CHARGING ORDERS, STOP ORDERS ETC.
1. (There is no rule 1).
2. Order imposing charge on securities.
3. Application for order under rule 2.
4. Service of notice of order to show cause.
5. Effect of order to show cause.
6. Making and effect of charging order absolute.
7. Discharge etc. of charging order.
8. Money in Court: Charging Order.
9. Registrar etc. may grant injunction ancillary to chargingorder.
9A. Enforcement of charging order by sale.
10. Securities not in Court: Stop notice.
11. Effect of stop notice.
12. Amendment of stop notice.
13. Withdrawal etc. of stop notice.
14. Order prohibiting transfer etc. of securities.
ORDER 51
RECEIVERS: EQUITABLE EXECUTION
1. Appointment of receivers by way of equitable execution.
2. Registrar may appoint receiver etc.
3. Application of rules as to appointment of receiver etc.
ORDER 51A
RATEABLE DISTRIBUTION
1. Proceeds of execution sale to be distributed rateably amongjudgment creditors.
2. Method of subsequent attachment.
3. Property attached in execution of order or judgment of severalcourts.
4. Immovable property.
ORDER 52
COMMITAL
1. Committal for contempt of court.
2. Application to court.
3. Application for order after leave to apply granted.
4. Saving for power to commit without application for purpose.
5. Provisions as to hearing.
6. Power to suspend execution of committal order.
7. Discharge of person committed.
8. Saving for other powers.
9. Form of warrant for committal.
10. Reference to High Court.
ORDER 53
APPLICATION FOR ORDER OF MANDAMUS, PROHIBITION, CERTIORARI ETC.
1. No application for order of mandamus etc. without leave.
1A. Time for applying for leave.
2. Mode of applying for order of mandamus etc.
3. Statements and affidavits.
4. Right to be heard in opposition.
5. Application for order of certiorari to quashproceedings.
6. Saving for person acting in obedience to mandamus.
7. Order made by Judge in Chambers may be set aside etc.
ORDER 54
APPLICATION FOR WRIT OF HABEAS CORPUS
1. Application for writ of habeas corpus ad subjiciendum .
2. Power of court to whom ex parte application made.
3. Copies of affidavits to be supplied.
4. Power to order release of person restrained.
5. Directions as to return of writ.
6. Service of writ and notice.
7. Return to the writ.
8. Procedure at hearing of writ.
9. Form of writ.
ORDER 55
APPEALS FROM SUBORDINATE COURTS AND STATUTORY BODIES
1. Entry of Appeal.
2. Memorandum of Appeal.
3. Notice of Cross-Appeal.
4. Amendments.
5. Appellant not appearing.
6. Withdrawal of appeal.
7. Notice of appeal by respondent where notice of appeal withdrawn orappeal not entered.
8. High Court may direct service of notice on person not served.
9. Interest.
10. Pronouncement of judgment.
11. Decision on appeal to be sent to Court below.
12. Stay of execution.
13. Appeal from persons or body of persons.
ORDER 56
APPEALS FROM REGISTRAR AND JUDGE
1. Appeal from certain decisions of Registrar to Judge inChambers.
2. Appeal from Judge.
ORDER 57
APPEALS TO THE COURT OF APPEAL
1. Application of order to appeals.
2. Application of order to applications for new trial.
3. Notice of appeal.
4. Time for appealing.
5. Record of proceedings.
6. Petition of appeal.
7. Respondent’s notice.
8. Amendment of petition of appeal and respondent’s notice.
9. Record of appeal.
10. Directions of the Court as to service.
11. Withdrawal of notice.
12. Respondent’s notice where appeal not proceeded with.
13. General powers of the Court.
14. Powers of the Court as to new trial.
15. Stay of execution etc.
16. Application to Court of Appeal.
17. Extension of time.
18. Appellant or respondent not appearing.
19. Powers of single Judge and Registrar.
ORDER 58
(There is no Order 58)
ORDER 59
COSTS
Preliminary
1. Interpretation.
2. Application.
Entitlement to Costs
3. When costs to follow the event.
4. Stage of proceedings at which costs to be dealt with.
5. Special matters to be taken into account in exercisingdiscretion.
6. Restriction of discretion to order costs.
7. Costs arising from misconduct or neglect.
7A. Costs of taxations.
8. Personal liability of solicitor for costs.
9. Fractional or gross sum in place of taxed costs.
10. When a party may sign judgment for costs without an order.
11. When order for taxation of costs not required.
12. Powers of Registrar to tax costs.
13. Supplementary powers of Registrar.
14. Extension etc. of time.
15. Interim certificates.
16. Power to Registrar where party liable to be paid and to paycosts.
17. Taxation of bill of costs comprised in account.
18. Registrar to fix certain fees payable to conveyancing counseletc.
18A. Litigants in person.
19. Fees for more than one counsel.
Procedure on Taxation
20. Mode of beginning proceedings for taxation.
21. Notification of time appointed for taxation.
22. Delivery of bills etc.
23. Short and urgent taxation.
24. Form of bill of costs.
25. Provisions as to taxation proceedings.
26. Powers of Registrar taxing costs payable out of fund.
Assessment of Costs
27. Costs payable to one party by another or out of a fund.
28. Costs payable to a solicitor by his own client.
29. Costs payable to solicitor where money recovered by or on behalfof infant etc.
30. Costs payable to a trustee out of the trust fund etc.
31. Scale of costs.
Certificate
32. Certificate.
33. Certificate of Registrar to be conclusive unless set aside.
Review
34. Application to Registrar for review.
35. Review by Registrar.
36. Review of Registrar’s certificate by a Judge.
APPENDIX 1
SCALE OF COSTS
PART I — INSTITUTION ETC. OF PROCEEDINGS.
PART II — PROCEEDINGS IN CHAMBERS AND INTERLOCUTORY MATTERS IN OPENCOURT.
PART III — DISCOVERY AND INSPECTION.
PART IV — PREPARATION FOR TRIAL OR HEARING WHETHER IN OPENCOURT OR OTHERWISE.
PART V — TRIAL OR HEARING.
PART VI — TAXATION.
PART VII — EXECUTION.
PART VIII — GENERAL AND MISCELLANEOUS.
PART IX — ADDITIONAL PROCEEDINGS ARISING ONLY INCONNECTION WITH ADMIRALTY CAUSES AND MATTERS.
PART X — GENERAL
1. Discretionary costs.
2. Fees to counsel.
3. Item to be authorised, certified etc.
4. Attendances in chambers.
5. Attendances before the Registrar.
6. Copies of documents.
APPENDIX 2
FIXED COSTS
PART I — COSTS ON JUDGMENT WITHOUT TRIAL FOR A LIQUIDATED SUM.
PART II — BASIC COSTS.
PART III — COSTS ON JUDGMENT WITHOUT TRIAL FORPROSSESSION OF LAND.
PART IV — MISCELLANEOUS. BASIC COSTS. ADDITIONAL COSTS.
ORDER 60
THE REGISTRY
1. Distribution of business.
2. Books to be kept in the Registry.
3. Date of filing to be marked etc.
4. Right to inspect etc. certain documents filed in Registry.
5. Deposit of document.
6. (There is no rule 6).
7. (There is no rule 7).
8. (There is no rule 8).
9. Restriction on removal of documents.
ORDER 61
OFFICE HOURS
1. High Court Registry: Days on which open and office hour.
ORDER 62
SERVICE OF DOCUMENTS
1. When personal service required.
2. Service by process server or other person.
3. Personal Service: How effected.
4. Service on corporations.
5. Substituted service.
6. Ordinary service: How effected.
7. Service on Minister etc. in proceedings which are not by or againstthe Government.
8. Effect of service after certain hour.
9. Affidavit of service.
10. No service required in certain cases.
11. Service of notices from High Court.
12. Service where no appearance or address for service.
13. Service upon solicitor or party formerly appearing in person.
ORDER 63
PAPER, PRINTING, NOTICES AND COPIES
1. Quality and size of paper.
2. Regulations as to printing etc.
3. Copies of documents for other party.
4. Requirements as to copies.
ORDER 63A
ELECTRONIC FILING AND SERVICE
1. Definitions.
2. Electronic filing service.
3. Network.
4. Application.
5. Registered user.
6. Authentication code.
7. Security.
8. Electronic filing.
9. Signing.
10. Date of filing.
11. Time for service.
12. Service of documents.
13. Notification by Registrar.
14. Fees.
15. Presumptions.
16. Discrepancy.
17. Application of Order.
ORDER 64
CHANGE OF SOLICITOR
1. Notice of change of solicitor.
2. Notice of appointment of solicitor.
3. Notice of intention to act in person.
4. Removal of solicitor from record at instance of another party.
5. Withdrawal of solicitor who has ceased to act for party.
6. Address for service of party whose solicitor is removed etc.
ORDER 65
SERVICE OF FOREIGN PROCESS
1. Definition.
2. Service of foreign legal process.
3. Service of foreign legal process under Civil ProcedureConvention.
4. Costs of service etc. to be certified by Registrar.
ORDER 66
OBTAINING EVIDENCE FOR FOREIGN COURTS ETC.
1. Jurisdiction of Registrar to make order.
2. Application for order.
3. Application by Attorney General in certain cases.
4. Person to take and manner of taking examination.
5. Dealing with deposition.
ORDER 67
RECIPROCAL ENFORCEMENT OF JUDGMENTS
1. Powers under relevant acts exercisable by Judge or Registrar.
2. Application for registration.
3. Evidence in support of application.
4. Security for costs.
5. Order for registration.
6. Register of judgments.
7. Notice of registration.
8. Indorsement of service.
9. Application to set aside registration.
10. Issue of execution.
11. Determination of certain questions.
12. Rules to have effect subject to orders of the Government.
13. Certified copy of High Court Judgment.
ORDER 68
(There is no Order 68)
ORDER 69
ARBITRATION PROCEEDINGS
1. Interpretation.
2. Matters for a Judge in Court.
3. Matters for Judge in Chambers of Registrar.
4. Special provisions as to applications to remit or set aside anaward.
4A. Appeals.
5. Service out of the jurisdiction of summons, notice etc.
6. Registration in High Court of foreign awards.
7. Enforcement.
ORDER 70
ADMIRALTY PROCEEDINGS
1. Application and interpretation.
2. Issue of writ and entry of appearance.
3. Service out of jurisdiction of notice of writ.
4. Warrant of arrest.
5. Caveat against arrest.
6. Remedy where property protected by caveat is arrested (without goodand sufficient reason).
7. Service of writ in action in rem .
8. Committal of solicitor failing to comply with undertaking.
9. Execution etc. of warrant of arrest.
10. Service on ships etc.: How effected.
11. Applications with respect to property under arrest.
12. Release of property under arrest.
13. Caveat against release and payment.
14. Duration of caveats.
15. Bail.
16. Interveners.
17. Preliminary acts.
18. Failure to lodge preliminary act: Proceedings against party indefault.
19. Special provisions as to pleadings in collision etc. actions.
20. Judgment by default.
21. Order for sale of ship: Determination of priority of claims.
22. Appraisement and sale of property.
22A. Undertaking as to expenses.
23. Payment into and out of Court.
24. Summons for directions.
25. Fixing date for trial etc.
26. Stay of proceedings in collision etc. actions until securitygiven.
27. Inspection of ship etc.
28. Shorthand note of oral evidence etc.
29. Examination of witnesses and other persons.
30. Issue of writ of subpoena.
31. Proceedings for apportionment of salvage.
32. Filing and service of notice of motion.
33. Agreement between solicitors may be made order of Court.
34. Originating summons: Procedure.
35. Limitation action: Parties.
36. Limitation action: Summons for decree or directions.
36A. Limitation action: Payment into Court.
37. Limitation action: Proceedings under decree.
38. Limitation action: Proceedings to set aside decree.
39. References to Registrar.
40. Hearing of reference.
41. Objection to decision on reference.
42. Drawing up and entry of judgments and orders.
43. Inspection of documents filed in Registry.
ORDER 71
(There is no Order 71)
ORDER 72
CONTENTIOUS PROBATE PROCEEDINGS
1. Application and interpretation.
2. Requirements in connection with issue of writ.
3. Service of writ out of the jurisdiction.
4. Intervener in probate action.
5. Citation to appear in proceedings.
6. Entry of appearance.
7. Citation to bring in grant.
8. Citations.
9. Affidavit of testamentary scripts.
10. Default of appearance.
11. Service of statement of claim.
12. Counterclaim.
13. Contents of pleadings.
14. Default of pleadings.
15. Discontinuance.
16. Compromise of action.
17. Case for motion.
18. Application to Court by summons.
19. Form of judgments and orders.
20. Administration Pendente Lite .
ORDER 73
DISABILITY
1. Interpretation.
2. Person under disability must sue, etc., by next friend or guardian ad litem .
3. Appointment of next friend or guardian ad litem .
4. Probate action: Appointment of next friend or guardian ad litem .
5. Probate action: Further provisions.
6. Appointment of guardian where person under disability does notappear.
7. Application to discharge or vary certain orders.
8. Admission not to be implied from pleading of person underdisability.
9. Discovery and interrogatories.
10. Compromise etc. by person under disability.
11. Approval of settlement.
12. Control of money recovered by person under disability.
13. Apportionment by Court.
14. Service of certain documents on person under disability.
ORDER 74
PARTNERS
1. Actions by and against firms within jurisdiction.
2. Disclosure of partners’ names.
3. Service of writ.
4. Entry of appearance in an action against firm.
5. Enforcing judgment or order against firm.
6. Enforcing judgment in action between partners etc.
7. Attachment of debts owed by firm.
8. Actions begun by originating summons.
9. Application to person carrying on business in another name.
10. Applications for orders charging partner’s interest inpartnership property etc.
ORDER 75
DEFAMATION ACTIONS
1. Application.
2. Indorsement of claim in libel action.
3. Obligation to give particulars.
4. Provision as to payment into Court.
5. Statement in open Court.
6. Interrogatories not allowed in certain cases.
7. Evidence in mitigation of damages.
ORDER 76
ADMINISTRATION AND SIMILAR ACTIONS
1. Interpretation.
2. Determination of questions etc. without administration.
3. Parties.
4. Grant of relief in action begun by originating summons.
5. Judgments and orders in administrations.
6. Conduct of sale of trust property.
ORDER 77
ACTIONS FOR SPECIFIC PERFORMANCE ETC. SUMMARY JUDGMENT
1. Application by plaintiff for summary judgment.
2. Manner in which application under rule 1 must be made.
3. Judgment for plaintiff.
4. Leave to defend.
5. Directions.
6. Costs.
7. Setting aside judgment.
ORDER 78
DEBENTURE HOLDERS’ ACTION: RECEIVER’S REGISTER
1. Receiver’s register.
2. Registration of transfers etc.
3. Application for rectification of receiver’s register.
4. Receiver’s register evidence of transfers etc.
5. Proof of title of holder of bearer debenture etc.
6. Requirements in connection with payments.
ORDER 79
CHARGE ACTIONS
1. Application and interpretation.
2. Claims for possession: Non-appearance by a defendant.
3. Action for possession or payment.
4. Action by writ: Judgment in default.
5. Foreclosure in redemption action.
ORDER 80
PROCEEDINGS RELATING TO INFANTS
1. Applications under Guardianship of Infants Act.
2. Defendants to summons.
3. Applications as to guardianship, maintenance etc.
ORDER 81
BILLS OF SALE ACT
1. Rectification of register.
2. Entry of satisfaction.
3. Restraining removal on sale of goods seized.
4. Search of register.
ORDER 82
(There is no Order 82)
ORDER 83
COMPANIES ACT
1. Interpretation.
2. Applications to be made by originating summons.
3. Applications to be made by originating summons or motion.
4. Applications to be made by originating motion.
5. Applications to be made by petition.
6. Entitlement of proceedings.
7. Summons for directions.
8. Inquiry as to debts: Company to make list of creditors.
9. Inspection of list of creditors.
10. Notice to creditors.
11. Advertisement of petition and list of creditors.
12. Affidavit as to claims made by creditors.
13. Adjudication of disputed claims.
14. Certifying list of creditors entitled to object to reduction.
15. Evidence of consent of creditor.
16. Time etc. of hearing of petition for confirmation ofreduction.
17. Restriction on taking effect of order.
ORDER 84
LODGMENT IN COURT AND PAYMENT TO SHERIFF
1. Interpretation.
Lodgment in Court
2. Payment into court.
3. Notice of lodgment.
4. Funds how lodged.
5. Crediting lodgment and dividends.
6. Interest on money lodged in court.
7. Computation of interest.
8. Applications with respect to funds in Court.
9. Payment out of funds in Court.
10. Name of payee to be stated in order.
11. Payment out on death of payee.
12. Transfer or investment of funds in Court.
13. Proof to Treasury before payment.
14. Copy of order or certificate to be sent to Treasury.
15. The Treasury to give certificate of funds in Court.
16. Publication of list of funds in Court.
17. Unclaimed funds in Court with Treasury.
Payment to Sheriff
18. Sheriff to keep an account book.
19. How money paid to Sheriff.
20. Payment in under judgment or order.
21. Money not required for making payments on day of receipt.
22. The Treasury to grant an imprest.
23. Cash book for imprest.
24. How payments from imprest to be made.
25. Proof before payment out.
26. Where money due to Government under any law.
27. When payment to be made by cheque.
ORDER 85
COURT FEES
1. Court fees.
2. Manner of payment of fees.
ORDER 86
MISCELLANEOUS
1. Language of documents.
2. Seal of the Court.
3. Rejection of irregular documents.
4. Inherent powers of the Court.
ORDER 87
REPEAL
1. (Repealed).
ORDER 88
SUMMARY PROCEEDINGS FOR POSSESSION OF LAND
1. Proceedings to be brought by originating summons.
2. Jurisdiction of Registrars.
3. Form of originating summons.
4. Affidavit in support.
5. Service of originating summons.
6. Application by occupier to be made a party.
7. Order for possession.
8. Writ of possession.
9. Setting aside order.
APPENDIX A
FORMS
No. 1 — ORDER FOR CONSOLIDATION.
No. 2 — WRIT OF SUMMONS.
No. 3 — WRIT OF SUMMONS NOTICE OF WHICH IS TO BE SERVED OUT OFJURISDICTION.
No. 4 — NOTICE OF PAYMENT INTO COURT: EXCHANGE CONTROLACT.
No. 5 — NOTICE OF RENEWAL OF WRIT.
No. 6 — ORIGINATING SUMMONS (WHERE APPEARANCEREQUIRED).
No. 7 — ORIGINATING SUMMONS (WHERE APPEARANCE NOT REQUIRED).
No. 8 — EX PARTE ORIGINATING SUMMONS.
No. 9 — NOTICE OFORIGINATING MOTION.
No. 10 — NOTICE OF MOTION.
No. 11 — NOTICE OF WRIT OF SUMMONS TO BE SERVED OUT OFJURISDICTION.
No. 12 — AFFIDAVIT FOR LEAVE TO SERVE WRIT OUT OFJURISDICTION.
No. 13 — ORDER FOR SERVICE OUT OF JURISDICTION.
No. 14 — REQUEST FOR SERVICE OF DOCUMENT ABROAD.
No. 15 — MEMORANDUM OF APPEARANCE.
No. 16 — MEMORANDUM OF CONDITIONAL APPEARANCE.
No. 17 — CERTIFICATE OF NON-APPEARANCE.
No. 18 — AFFIDAVIT ON APPLICATION UNDER ORDER 14 RULE 2, BY OR ONBEHALF OF PLAINTIFF.
No. 19 — NOTICE TO BE INDORSED ON COPY OF COUNTER- CLAIM.
No. 20 — MEMORANDUM OF APPEARANCE TO COUNTER-CLAIM.
No. 21 — MEMORANDUM OF APPEARANCE OF PERSON ADDED AS DEFENDANT.
No. 22 — THIRD PARTY NOTICE CLAIMING CONTRIBUTION OR INDEMNITY OROTHER RELIEF OR REMEDY.
No. 23 — THIRD PARTY NOTICE WHERE QUESTION OR ISSUE TO BEDETERMINED.
No. 24 — SUMMONS FOR THIRD PARTY.
No. 25 — MEMORANDUM OF APPEARANCE OF THIRD PARTY.
No. 26 — SUMMONS FOR LEAVE TO ISSUE A THIRD PARTYNOTICE.
No. 27 — ORDER FOR THIRD PARTY DIRECTIONS.
No. 28 — NOTICE BY CLAIMANT OF PROPERTY TAKEN INEXECUTION.
No. 29 — NOTICE BY SHERIFF OF PROPERTY TAKEN INEXECUTION.
No. 30 — NOTICE OF EXECUTION CREDITOR OF PROPERTY TAKEN INEXECUTION.
No. 31 — APPLICATION FOR AN INTERPLEADER SUMMONS: BY SHERIFF.
No. 32 — APPLICATION TO INTERPLEAD BY A PERSON UNDERLIABILITY.
No. 33 — INTERPLEADER SUMMONS.
No. 34 — JUDGMENT (OR ORDER) ON INTERPLEADER SUMMONS.
No. 35 — PARTICULARS SERVED PURSUANT TO REQUEST OR ORDER.
No. 36 — NOTICE OF DISCONTINUANCE.
No. 37 — NOTICE OF PAYMENT INTO COURT.
No. 38 — NOTICE OF ACCEPTANCE OF MONEY PAID INTO COURT.
No. 39 — NOTICE REQUIRING AFFIDAVIT VERIFYING LIST OF DOCUMENTS.
No. 40 — LIST OF DOCUMENTS.
No. 41 — AFFIDAVIT VERIFYING LIST OF DOCUMENTS.
No. 42 — NOTICE TO INSPECT DOCUMENTS.
No. 43 — NOTICE TO PRODUCE DOCUMENTS REFERRED TO IN PLEADINGS ORAFFIDAVITS.
No. 44 — NOTICE WHERE DOCUMENTS MAY BE INSPECTED.
No. 45 — ORDER FOR PRODUCTION OF DOCUMENTS ANDINSPECTION.
No. 46 — SUMMONS FOR DIRECTIONS PURSUANT TO ORDER 25.
No. 47 — NOTICE UNDER SUMMONS FOR DIRECTIONS.
No. 48 — SUMMONS FOR INTERROGATORIES.
No. 49 — INTERROGATORIES.
No. 50 — ORDER FOR INTERROGATORIES.
No. 51 — ANSWER TO INTERROGATORIES.
No. 52 — NOTICE TO ADMIT FACTS.
No. 53 — ADMISSION OF FACTS, PURSUANT TO NOTICE.
No. 54 — NOTICE TO ADMIT DOCUMENTS.
No. 55 — NOTICE TO NON-ADMISSION OF DOCUMENTS.
No. 56 — NOTICE TO PRODUCE.
No. 57 — NOTICE OF APPOINTMENT TO HEAR ORIGINATINGSUMMONS.
No. 58 — ORDER FOR INTERIM INJUNCTION.
No. 59 — RECEIVER’S SECURITY BY UNDERTAKING.
No. 60 — AFFIDAVIT VERIFYING RECEIVER’S ACCOUNT.
No. 61 — CERTIFICATE OF RESULTS OF SALE.
No. 62 — SUMMONS IN CHAMBERS.
No. 63 — REQUEST FOR SETTING DOWN ACTION FOR TRIAL.
No. 64 — NOTIFICATION OF SETTING DOWN ACTION.
No. 65 — CERTIFICATE OF OFFICER AFTER TRIAL.
No. 66 — LIST OF EXHIBITS.
No. 67 — WRIT OF SUBPOENA AD TESTIFICANDUM.
No. 68 — WRIT OF SUBPOENA DUCES TECUM.
No. 69 — WRIT OF SUBPOENA AD TESTICANDUM AND DUCES TECUM.
No. 70 — PRAECIPE FOR SUBPOENA.
No. 71 — AFFIDAVIT FOR AN ORDER FOR THE PRODUCTION OF A PERSON INPRISON.
No. 72 — ORDER TO PRODUCE PERSON IN PRISON.
No. 73 — ORDER FOR EXAMINATION BEFORE TRIAL.
No. 74 — ORDER FOR ISSUE OF LETTER OF REQUEST TO JUDICIAL AUTHORITY OUTOF JURISDICTION.
No. 75 — ORDER FOR APPOINTMENT OF EXAMINER TO TAKE EVIDENCE OFWITNESS OUT OF JURISDICTION.
No. 76 — LETTER OF REQUEST FOR EXAMINATION OF WITNESS OUT OFJURISDICTION.
No. 77 — SOLICITOR’S UNDERTAKING AS TO EXPENSES.
No. 78 — FORMS OF JURAT.
No. 79 — JUDGMENTS.
No. 80 — ORDER FOR ACCOUNTS AND INQUIRIES.
No. 81 — NOTICE OF JUDGMENT OR ORDER.
No. 82 — FORM OF ADVERTISEMENT FOR CREDITORS.
No. 83 — FORM OF ADVERTISEMENT FOR CLAIMANTS OTHER THANCREDITORS.
No. 84 — AFFIDAVIT VERIFYING LIST OF CREDITOR’S CLAIMS.
No. 85 — AFFIDAVIT VERIFYING LIST OF CLAIMS OTHER THAN CREDITOR’SCLAIMS.
No. 86 — CERTIFICATE OF REGISTRAR.
No. 87 — NOTICE OF CERTAIN JUDGMENTS.
No. 88 — WRIT OF SEIZURE AND SALE.
No. 89 — WRIT OF DELIVERY.
No. 90 — WRIT OF POSSESSION.
No. 91 — SUMMONS FOR LEAVE TO ISSUE EXECUTION.
No. 92 — PRAECIPE FOR WRIT OF EXECUTION.
No. 93 — CONSENT TO ENTRY OF SATISFACTION.
No. 94 — NOTICE OF SEIZURE AND INVENTORY.
No. 95 — NOTICE OF SALE.
No. 96 — AFFIDAVIT IN SUPPORT OF APPLICATION FOR ORDER FOREXAMINATION OF JUDGMENT DEBTOR.
No. 97 — ORDER FOR EXAMINATION OF JUDGMENT DEBTOR.
No. 98 — GARNISHEE ORDER TO SHOW CAUSE.
No. 99 — AFFIDAVIT IN SUPPORT OF GARNISHEE ORDER.
No. 100 — GARNISHEE ORDERS.
No. 101 — ORDER FOR ISSUE BETWEEN JUDGMENT CREDITOR ANDGARNISHEE.
No. 102 — (THERE IS NO NO. 102).
No. 103 — (THERE IS NO NO. 103).
No. 104 — ORDER ABSOLUTE IMPOSING CHARGE ON SECURITIES.
No. 105 — ORDER IMPOSING CHARGE ON SECURITIES: ORDER TOSHOW CAUSE.
No. 106 — AFFIDAVIT AND NOTICE UNDER 0.50, r.10.
No. 107 — ORDER ON ORIGINATING MOTION RESTRAINING TRANSFER OF STOCK ETC.
No. 108 — SUMMONS FOR APPOINTMENT OF RECEIVER.
No. 109 — ORDERS FOR APPOINTMENT OF RECEIVER ETC.
No. 110 — ORDER OF COMMITTAL.
No. 111 — WARRANT FOR COMMITAL.
No. 112 — NOTICE TO BE SERVED WITH WRIT OF HABEAS CORPUS AD SUBJICIENDUM.
No. 113 — WRIT OF HABEAS CORPUS AD SUBJICIENDUM. No. 113A — MEMORANDUM OF APPEAL.
No. 113B — NOTICE OF CROSS APPEAL.
No. 114 — NOTICE OF APPEAL TO JUDGE IN CHAMBERS.
No. 115 — NOTICE OF APPEAL TO COURT OF APPEAL.
No. 116 — CERTIFICATE FOR SECURITY FOR COSTS.
No. 117 — PETITION OF APPEAL.
No. 118 — RESPONDENT’S NOTICE.
No. 119 — CAUSE BOOK.
No. 120 — ORIGINATING SUMMONS BOOK.
No. 121 — ORIGINATING MOTION BOOK.
No. 122 — INTERPLEADER SUMMONS BOOK.
No. 123 — SUMMONS IN CHAMBERS BOOK.
No. 124 — JUDGMENT BOOK.
No. 125 — WRITS OF EXECUTION BOOK.
No. 126 — DISTRESS BOOK.
No. 127 — PROBATE BOOK.
No. 128 — CAVEAT BOOK.
No. 129 — SERVICE BOOK.
No. 130 — ADOPTION BOOK.
No. 131 — DIRECTIONS TO TREASURY.
No. 132 — INDEX OF WILLS.
No. 133 — REGISTER OF APPEALS TO THE COURT OF APPEAL.
No. 134 — REGISTER OF APPEALS FROM SUBORDINATE COURT.
No. 135 — ORDER FOR SUBSTITUED SERVICE.
No. 136 — AFFIDAVIT ON APPLICATION FOR SUBSTITUTED SERVICE.
No. 137 — AFFIDAVITS OF SERVICE.
No. 138 — NOTICE OF CHANGE OF SOLICITOR.
No. 139 — NOTICE OF INTENTION OF PARTY TO ACT IN PERSON, IN PLACE OFSOLICITOR.
No. 140 — SUMMONS TO REMOVE SOLICITOR FROM RECORD.
No. 141 — ORDER REMOVING SOLICITOR FROM THE RECORD.
No. 142 — SUMMONS FOR WITHDRAWAL OF SOLICITOR.
No. 143 — ORDER FOR WITHDRAWAL OF SOLICITOR.
No. 144 — CERTIFICATE OF SERVICE OF FOREIGN PROCESS.
No. 145 — ORDER FOR REGISTRATION OF FOREIGN JUDGMENT.
No. 146 — CERTIFICATE UNDER THE RECIPROCAL ENFORCEMENT OF JUDGMENTACT.
No. 147 — CERTIFICATE UNDER THE RECIPROCAL ENFORCEMENT OF JUDGMENTACT.
No. 148 — (THERE IS NO NO. 148).
No. 149 — (THERE IS NO NO. 149).
No. 150 — (THERE IS NO NO. 150).
No. 151 — (THERE IS NO NO. 151).
No. 152 — (THERE IS NO NO. 152).
No. 153 — (THERE IS NO NO. 153).
No. 154 — (THERE IS NO NO. 154).
No. 155 — WRIT OF SUMMONS IN ACTION IN REM.
No. 156 — WARRANT OF ARREST.
No. 157 — PRAECIPE FOR WARRANT OF ARREST.
No. 158 — PRAECIPE FOR CAVEAT AGAINST ARREST.
No. 159 — PRAECIPE FOR SERVICE OF WRIT IN REM BY SHERIFF.
No. 160 — RELEASE.
No. 161 — PRAECIPE FOR ISSUE OF RELEASE.
No. 162 — PRAECIPE FOR CAVEAT AGAINST RELEASE AND PAYMENT.
No. 163 — PRAECIPE FOR WITHDRAWAL OF CAVEAT.
No. 164 — BAIL BOND.
No. 165 — PRAECIPE FOR COMMISSION FOR APPRAISEMENT AND SALE.
No. 166 — COMMISSION FOR APPRAISEMENT AND SALE.
No. 167 — (THERE IS NO NO. 167).
No. 168 — (THERE IS NO NO. 168).
No. 169 — (THERE IS NO NO. 169).
No. 170 — (THERE IS NO NO. 170).
No. 171 — (THERE IS NO NO. 171).
No. 172 — (THERE IS NO NO. 172).
No. 173 — (THERE IS NO NO. 173).
No. 174 — (THERE IS NO NO. 174).
No. 175 — (THERE IS NO NO. 175).
No. 176 — (THERE IS NO NO. 176).
No. 177 — (THERE IS NO NO. 177).
No. 178 — (THERE IS NO NO. 178).
No. 179 — (THERE IS NO NO. 179).
No. 180 — (THERE IS NO NO. 180).
No. 181 — (THERE IS NO NO. 181).
No. 182 — (THERE IS NO NO. 182).
No. 183 — (THERE IS NO NO. 183).
No. 184 — (THERE IS NO NO. 184).
No. 185 — (THERE IS NO NO. 185).
No. 186 — (THERE IS NO NO. 186).
No. 187 — (THERE IS NO NO. 187).
No. 188 — (THERE IS NO NO. 188).
No. 189 — CONSENT OF NEXT FRIEND OR GUARDIAN AD LITEM OF PERSON UNDER DISABILITY.
No. 190 — CERTIFICATE BY SOLICITOR FOR PERSON UNDER DISABILITY.
No. 191 — ORDER FOR PARTICULARS (PARTNERSHIP).
No. 192 — NOTICE OF SERVICE ON MANAGER OF PARTNERSHIP.
No. 193 — AUTHORITY TO COMPANY TO REGISTER TRANSFER.
No. 194 — STATUTORY DECLARATIONS.
No. 195 — ACCOUNT BOOK.
APPENDIX B — COURT FEES COMMENCEMENT OF A CAUSE OR MATTER.
APPEARANCE.
INTERLOCUTORY APPLICATIONS.
ENTERING OR SETTING DOWN FOR TRIAL OR HEARING IN COURT.
WRITS.
JUDGMENT AND ORDERS.
MISCELLANEOUS.
PROBATE.
ADMIRALTY.
APPEAL FROM HIGH COURT.
APPEAL FROM SUBORDINATE COURTS AND STATUTORY BODIES.
FILING.
COPIES OF DOCUMENTS.
TRANSLATIONS. TREASURY.
TAXATION OF COSTS.
COMPANIES.
COMMISSIONS.
SHERIFF’S OFFICE.
__________________________
RULES OF THE SUPREME COURT
Commencement: 1st July 1990
[S 5/90]
ORDER 1
CITATION, APPLICATION, INTERPRETATION AND FORMS
Citation. (0.1, r.1).
1. These Rules may be cited as the Rules of the Supreme Court.
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Application. (0.1, r.2).
2. (1) Subject to the following provisions of this rule, these Rulesshall have effect in relation to all proceedings in the High Court, includingany pending proceedings therein.
(2) These Rules shall not have effect in relation to proceedings in respectof which rules have been or may be made under any written law for the specificpurpose of such proceedings or in relation to any criminal proceedings.
(3) In the case of the proceedings for which rules have been made, nothingin paragraph (2) shall be taken as affecting any provision of any rules (whethermade under the Act or any other written law) by virtue of which these Rules orany provisions thereof are applied in relation to any of those proceedings.
Application of Chapter 4. (0.1, r.3).
3. The Interpretation and General Clauses Act (Chapter 4) shall apply for the interpretation of these Rules as it applies for theinterpretation of an enactment.
Definitions. (0.1, r.4).
4. (1) In these Rules, unless the context otherwise requires, thefollowing expressions have the meanings hereby respectively assigned to them,namely —
“Act” means the Supreme Court Act;
“bailiff” includes the Registrar and any clerk or other officercharged with the duties of a bailiff and appointed as such by the Registrar;
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“cause book” means the book kept in the Registry in which thenumber of, and other details relating to, a cause or matter are entered;
“counsel” include an advocate and solicitor admitted as suchunder the Legal Profession Act (Chapter 132);
“folio” means 100 words, each figure being counted as oneword;
“Form” means a form set out in Appendix A to these Rules, and aform referred to by a number means the form so numbered in the Appendix;
“officer” means an officer of the High Court;
“originating summons” means every summons other than a summons in a pending cause or matter;
“Permanent Secretary” means the Permanent Secretary, Office of the Prime Minister;
“pleading” does not include a petition, summons or preliminaryact;
“probate action” has the meaning assigned to it by Order 72;
“receiver” includes a manager or consignee;
“Registrar” means the Chief Registrar, the Deputy Chief Registrar, Senior Registrar and a Registrar of the High Court;
“Registry”means the Registry of the High Court;
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“scheduled territories” has the meaning assigned to it by theExchange Control Act (Chapter 141);
“sheriff” includes a bailiff and any clerk or other officercharged with the duties of a Sheriff and appointed as such by the Registrar;
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“sign” in relation to the signing of documents by the Register,includes the affixing of a facsimile signature;
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“solicitor” includes an advocate and solicitor admitted as suchunder the Legal Profession Act (Chapter 132);
“writ” means a writ of summons.
(2) In these Rules, unless the context otherwise requires,“Court” means the High Court or any one or more Judges thereof,whether sitting in Court or in Chambers, or the Registrar; but the foregoingprovision shall not be taken as affecting any provision of these Rules and, inparticular, Order 32, rule 9, by virtue of which the authority and jurisdictionof the Registrar is defined and regulated.
(3) The Registrar may appoint any person to be, and carry out the duties of,a Sheriff or a bailiff.
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(4) In these Rules, unless there is provision to the contarary, a Judgeshall have and may exercise any authority or jurisdiction vested by there Rulesin the Registrar.
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Construction of references to Orders, Rules etc. (0.1, r.5).
5. (1) Unless the context otherwise requires, any reference in theseRules to a specified Order, rule or appendix is a reference to that Order orrule of, or that appendix to these Rules and any reference to a specified rule,paragraph or sub-paragraph is a reference to that rule of the Order, thatparagraph of the rule, or that sub-paragraph of the paragraph, in which thereference occurs.
(2) Any reference in these Rules to anything done under a rule of theseRules includes a reference to the same thing done before the commencement ofthat rule under any corresponding rule of the court ceasing to have effect onthe commencement of that rule.
(3) Except where the context otherwise requires, any reference in theseRules to any written law shall be construed as a reference to that written lawas amended, extended or applied by or under any other written law.
Forms. (0.1, r.6).
6. The Forms in Appendix A shall be used where applicable with suchvariations as the circumstances of the particular case require.
Business by post, fax or electronic mail. (0.1, r.7).
7. Nothing in these Rules shall prejudice any power to regulate thepractice of the Court by giving directions enabling any business or class ofbusiness to be conducted by post, fax or electronic mail.
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ORDER 2
EFFECT OF NON-COMPLIANCE
Non-compliance with rules. (0.2, r.1).
1. (1) Where, in beginning or purporting to begin any proceedings orat any stage in the course of or in connection with any proceedings, there has,by reason of any thing done or left undone, been a failure to comply with therequirements of these Rules, whether in respect of time, place, manner, form orcontent or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there hasbeen such a failure as is mentioned in paragraph (1), and on such terms as tocosts or otherwise as it thinks just, set aside either wholly or in part theproceedings in which the failure occurred, any step taken in those proceedingsor any document, judgment or order therein or exercise its powers under theseRules to allow such amendments (if any) to be made and to make such order (ifany) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground thatthe proceedings were required by any of these Rules to be begun by anoriginating process other than the one employed.
Application to set aside for irregularity. (0.2, r.2).
2. (1) An application to set aside for irregularity any proceedings,any step taken in any proceedings or any document, judgment or order thereinshall not be allowed unless it is made within a reasonable time and before theparty applying has taken any fresh step after becoming aware of theirregularity.
(2) An application under this rule may be made by summons or motion and thegrounds of objection must be stated in the summons or notice of motion.
ORDER 3
TIME
“Month” means calendar month. (0.3, r.1).
1. Without prejudice to the Interpretation and General Clauses Act(Chapter 4), in its application to these Rules, the word “month”,where it occurs in any judgment order, direction or other document forming partof any proceeding in the High Court, means a calendar month unless the contextotherwise requires.
Reckoning periods of time. (0.3, r.2).
2. (1) Any period of time fixed by these Rules or by any judgment,order or direction for doing any act shall be reckoned in accordance with thefollowing provisions of this rule.
(2) Where the act is required to be done within a specified period after orfrom a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specifiedperiod before a specified date, the period ends immediately before thatdate.
(4) Where the act is required to be done a specified number of clear daysbefore or after a specified date, at least that number of days must intervenebetween the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a periodof 7 days or less, would include the day before the weekly holiday, the weeklyholiday or public holiday, that day shall be excluded.
Time expires on weekly holiday etc. (0.3, r.3).
3. Where the time prescribed by these Rules, or by any judgment, orderor direction, for doing any act at the Registry expires on a weekly holiday orother day on which the Registry is closed, and by reason thereof that act cannotbe done on that day, the act shall be in time if done on the next day on whichthe Registry is open.
Extension etc. of time. (0.3, r.4).
4. (1) The Court may, on such terms as it thinks just, by orderextend or abridge the period within which a person is required or authorised bythese Rules or by any judgment, order or direction, to do any act in anyproceedings.
(2) The Court may extend any such period as is referred to in paragraph (1)although the application for extension is not made until after the expiration ofthat period.
(3) The period within which a person is required by these Rules, or by anyorder or direction, to serve, file or amend any pleading or other document maybe extended by consent (given in writing) without an order of the Court beingmade for that purpose.
(4) In this rule references to the Court shall be construed as includingreferences to the Court of Appeal.
Notice of intention to proceed after year’s delay. (0.3,r.5).
5. Where a year or more has elapsed since the last proceeding in acause or matter, the party who desires to proceed must give to every other partynot less then one month’s notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose ofthis rule.
ORDER 4
CONSOLIDATION OF PROCEEDINGS
Consolidation etc. of causes or matters. (0.4, r.1).
1. (1) Where two or more causes or matters are pending, then, if itappears to the Court —
(a) that some common question of law or fact arises in both or allof them; or
(b) that the rights to relief claimed therein are in respect of orarise out of the same transaction or series of transactions; or
(c) that for some other reason it is desirable to make an order underthis rule, the Court may order those causes or matters to be consolidated onsuch terms as it thinks just or may order them to be tried at the same time orone immediately after another or may order any of them to be stayed until afterthe determination of any other of them.
(2) An order for consolidation must be in Form 1 and shall direct that thecause or matter in which the application is made shall thence forward be carriedon in such other cause or matter and that the title of such other cause ormatter be amended by adding thereto the title of the cause or matter in whichthe application is made.
(3) Upon such order being made, the file of the cause or matter in which theapplication is made shall be transferred to and added to the file of such othercause or matter, and the copy of the order shall be left in place of the file sotransferred, and a memorandum of the transfer shall be entered in the cause bookagainst the cause or matter so consolidated.
ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN HIGH COURT
Mode of beginning civil proceedings. (0.5, r.1).
1. Subject to the provisions of any written law and of these Rulescivil proceedings in the High Court may be begun by writ, originating summons,originating motion or petition.
Proceedings which must be begun by writ. (0.5, r.2).
2. Subject to any provision of any written law or of these Rules, byvirtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstandinganything in rule 4, be begun by writ, that is to say, proceedings —
(a) in which a claim is made by the plaintiff for any relief orremedy for any tort, other than trespass to land;
(b) in which a claim made by the plaintiff is based on allegationof fraud;
(c) in which a claim is made by the plaintiff for damages for beach ofduty (whether the duty exists by virtue of a contract or of a provision made by orunder any written law or independently of any contract of any such provision),where the damages claimed consist of or include damages in respect of death ofany person or in respect of damage to any property;
(d) in which a claim is made by the plaintiff for damages for beachof promise of marriage;
(e) in which a claim is made by the plaintiff in respect of theinfringement of a patent.
In this rule “personal injuries” includes any disease and anyimpairment of a person’s physical or mental condition.
Proceedings which must be begun by originating summons. (0.5,r.3).
3. Proceedings by which an application is to be made to the High Courtor a Judge thereof under any written law must be begun by originating summonsexcept where by these Rules or by or under any written law the application inquestion is expressly required or authorised to be made by some other means.
This rule does not apply to an application made in pending proceedings.
Proceedings which may be begun by writ or originating summons. (0.5,r.4).
4. (1) Except in the case of proceedings which by these Rules or byor under any written law are required to begun by writ or originating summons orare required or authorised to be begun by originating motion or petition,proceedings may be begun either by writ or by originating summons as theplaintiff considers appropriate.
(2) Proceedings —
(a) in which the sole or principal question at issue is or islikely to be, one of the construction of any written law or of any instrumentmade under any written law, or of any deed, will, contract or other document, orsome other question of law; or
(b) in which there is unlikely to be any substantial dispute offact,
are appropriate to be begun by originating summons unless the plaintiffintends in those proceedings to apply for judgment under Order 14 or Order 81 orfor any other reason considers the proceedings more appropriate to be begun bywrit.
Proceedings to be begun by motion or petition. (0.5, r. 5).
5. Proceedings may be begun by originating motion or petition if, butonly if, by these Rules or by or under any written law the proceedings inquestion are required or authorised to be so begun.
Right to sue in person. (0.5, r.6).
6. (1) Subject to paragraph (2) and to Order 76, rule 2, any person(whether or not he sues as a trustee or personal representative or in any otherrepresentative capacity) may begin and carry on proceedings in the High Court bya solicitor or in person.
(2) Except as expressly provided by or under any written law or as the Courtmay permit in any proceedings, a body corporate may not begin or carry on anysuch proceedings otherwise than by a solicitor.
ORDER 6
WRIT OF SUMMONS: GENERAL PROVISIONS
Form of writ. (0.6, r.1).
1. Every writ must be in Form 2 or Form 3, whichever isappropriate.
Indorsement of claim. (0.6, r.2).
2. (1) Before a writ is issued it must be indorsed —
(a) with a statement of claim or, if the statement of claim is notindorsed on the writ, with a concise statement of the nature of the claim madeor the relief or remedy required in the action begun thereby;
(b) where the claim made by the plaintiff is for a debt orliquidated demand only, with a statement of the amount claimed in respect of thedebt or demand and for costs and also with a statement that further proceedingswill be stayed if, within the time limited for appearing, the defendant—
(i) except in either of the cases mentioned in paragraph (2), pays theamount so claimed to the plaintiff or his solicitor; or
(ii) in either of the said cases, pays that amount into Court.
(2) The cases referred to in paragraph (1) (b) are —
(a) a case where the plaintiff (or, if there are more plaintiffsthan one, any of them) is resident outside the scheduled territories or isacting by order or on behalf of a person so resident;
(b) a case where the defendant is making the payment by order or onbehalf of a person so resident.
(3) A defendant who pays money into Court under this rule must give noticein Form 4 to the plaintiff or his solicitor.
Indorsement as to capacity. (0.6, r.3).
3. (1) Before a writ is issued it must be indorsed —
(a) where the plaintiff sues in a representative capacity, with astatement of the capacity in which he sues;
(b) where a defendant is sued in a representative capacity, with astatement of the capacity in which he is sued.
(2) Before a writ is issued in an action brought by a plaintiff who inbringing it is acting by order or on behalf of a person resident outside thescheduled territories it must be indorsed with a statement of that fact and withthe address of the person so resident.
Indorsement as to solicitor and address. (0.6, r.4).
4. (1) Before a writ is issued it must be indorsed —
(a) where the plaintiff sues by a solicitor, with theplaintiff’s address and the solicitor’s name or firm and a businessaddress of his within the jurisdiction;
(b) where the plaintiff sues in person, with —
(i) the address of his place of residence and, if his place of residenceis not within the jurisdiction or if he has no place of residence, the addressof a place within the jurisdiction at or to which documents for him may bedelivered or sent; and
(ii) his occupation.
(2) The address for service of a plaintiff shall be —
(a) where he sues by a solicitor, the business address of thesolicitor indorsed on the writ,
(b) where he sues in person, the address within the jurisdictionindorsed on the writ.
(3) Where a solicitor’s name is indorsed on a writ, he must, if anydefendant who has been served with or who has entered an appearance to the writrequests him in writing so to do, declare in writing whether the writ was issuedby him or with his authority or privity.
(4) If a solicitor whose name is indorsed on a writ declares in writing thatthe writ was not issued by him or with his authority or privity, the Court mayon the application of any defendant who has been served with or who has enteredan appearance to the writ, stay all proceedings in the action begun by thewrit.
Concurrent writ. (0.6, r.5).
5. (1) One or more concurrent writs may, at the request of theplaintiff, be issued at the time when the original writ is issued or at any timethereafter before the original writ ceases to be valid.
(2) Without prejudice to the generality of paragraph (1), a writ for servicewithin the jurisdiction may be issued as a concurrent writ with one, notice ofwhich is to be served out of the jurisdiction and a writ notice of which is tobe served out of the jurisdiction may be issued as a concurrent writ with onefor service within the jurisdiction.
(3) A concurrent writ is a true copy of the original writ with suchdifferences only (if any) as are necessary having regard to the purpose forwhich the writ is issued.
(4) A concurrent writ must be marked by the Registrar with the word“Concurrent”
and he shall sign and date the day of issue of the concurrent writ.
Issue of writ. (0.6, r.6).
6. (1) No writ notice of which is to be served out of thejurisdiction shall be issued without the leave of the Court.
(2) A plaintiff or his solicitor must, on presenting a writ for sealing,leave with the Registrar the original and a copy together with as many copies thereof as there are defendants to be served.
(3) The Registrar shall assign a serial number to the writ and shall sign,seal and date the writ whereupon the writ shall be deemed to be issued.
(4) The original writ must be filed in the Registry and an entry thereofmade in the cause book.
Duration and renewal of writ. (0.6, r.7).
7. (1) For the purpose of service, a writ (other than a concurrentwrit) is valid in the first instance for 12 months, beginning with the date ofits issue and a concurrent writ is valid in the first instance for the period ofvalidity of the original writ which is unexpired at the date of issue of theconcurrent writ.
(2) Where a writ has not been served on a defendant, the Court may by orderextend the validity of the writ from time to time for such period, not exceeding12 months at any one time, beginning with the day next following that on whichit would otherwise expire, as may be specified in the order, if an applicationfor extension is made to the Court before that day or such later day (if any) asthe Court may allow.
(3) Before a writ, the validity of which has been extended under this rule,is served, it must be marked with an official stamp in Form 5 showing the periodfor which the validity of the writ has been so extended.
(4) Where the validity of a writ is extended by order made under this rule,the order shall operate in relation to any other writ (whether original orconcurrent) issued in the same action which has not been served so as to extendthe validity of that other writ until the expiration of the period specified inthe order.
(5) A note of the renewal must be entered in the cause book.
ORDER 7
ORIGINATING SUMMONSES: GENERAL PROVISIONS
Application. (0.7, r.1).
1. The provisions of this Order apply to all originating summonsessubject, in the case of originating summonses of any particular class, to anyspecial provisions relating to originating summonses of that class made by theseRules or by or under any written law.
Form of summons etc. (0.7, r.2).
2. (1) Every originating summons must be in Form 6, Form 7 or Form 8which ever is appropriate.
(2) The party taking out an originating summons (other than an exparte summons)
shall be described as a plaintiff, and the other parties shall be describedas defendants.
Contents of summons. (0.7, r.3).
3. (1) Every originating summons must include a statement of thequestions on which the plaintiff seeks the determination or direction of theHigh Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons withsufficient particulars to identify the cause or causes of action in respect ofwhich the plaintiff claims that relief or remedy.
(2) Order 6, rules 3 and 4, shall apply in relation to an originatingsummons as they apply in relation to a writ.
Concurrent summons. (0.7, r.4).
4. Order 6, rules 5, shall apply in relation to an originating summonsas it applies in relation to a writ.
Issue of summons. (0.7, r.5).
5. Order 6, rule 6, shall apply in relation to an originating summonsas it applies in relation to a writ.
Duration and renewal of summons. (0.7, r.6).
6. Order 6, rule 7, shall apply in relation to an originating summonsas it applies in relation to a writ.
Ex parte originating summons. (0.7, r.7).
7. (1) Rules 2(1), 3(1) and 5 shall, so far as applicable, apply to ex parte originating summonses; but save as aforesaid, the foregoingrules of this Order shall not apply to ex parte originatingsummonses.
(2) Order 6, rule 6(3) shall, with the necessary modifications, apply inrelation to an ex parte originating summons as it applies in relation to a writ.
ORDER 8
ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS
Application. (0.8, r.1).
1. The provisions of this Order apply to all motions subject, in thecase of originating motions of any particular class, to any special provisionsrelating to motions of that class made by these Rules or by or under any writtenlaw.
Notice of motion. (0.8, r.2).
2. (1) Except where an application by motion may properly be made ex parte , no motion shall be made without previous notice to the partiesaffected thereby, but the Court if satisfied that the delay caused by proceedingin the ordinary way would or might entail irreparable or serious mischief maymake an order ex parte on such terms as to costs or otherwise, andsubject to such undertaking, if any, as it thinks just; and any party affectedby such order may apply to the Court to set it aside.
(2) Unless the Court gives leave to the contrary, there must be at least 2clear days between the service of notice of a motion and the day named in thenotice for hearing the motion.
Form and issue of notice of motion. (0.8, r.3).
3. (1) The notice of an originating motion must be in Form 9 and thenotice of any other motion in Form 10.
Where leave has been given under rule 2(2) to serve short notice of motion,that fact must be stated in the notice.
(2) The notice of a motion must include a concise statement of the nature ofthe claim made or the relief or remedy required.
(3) Order 6, rule 4, shall, with the necessary modifications, apply inrelation to a notice of an originating motion as it applies in relation to awrit.
(4) Issue of the notice takes place upon its being sealed by an officer ofthe Registry.
Service of notice of motion with writ etc. (0.8, r.4).
4. Notice of a motion to be made in an action may be served by theplaintiff on the defendant with the writ of summons or originating summons or atany time after service of such writ or summons, whether or not the defendant hasentered an appearance in the action.
Adjournment of hearing. (0.8, r.5).
5. The.hearing of any motion may be adjourned from time to time onsuch terms, if any, as the Court thinks fit.
ORDER 9
PETITION: GENERAL PROVISIONS
Application. (0.9, r.1).
1. Rules 2 and 3 apply to petitions by which civil proceedings in theHigh Court are begun, subject, in the case of petitions of any particular class,to any special provisions relating to petitions of that class made by theseRules or by or under any written law.
Contents of petition. (0.9, r.2).
2. (1) Every petition must include a concise statement of the natureof the claim made or the relief or remedy required in the proceedings begunthereby.
(2) Every petition must include at the end thereof a statement of the namesof the persons, if any, required to be served therewith or, if no person isrequired to be served, a statement to that effect.
(3) Order 6, rule 4, shall, with the necessary modifications, apply inrelation to a petition as it applies in relation to a writ.
Fixing time for hearing petition. (0.9, r.3).
3. (1) A day and time for the hearing of a petition which is requiredto be heard shall be fixed by the Registrar.
(2) Unless the Court otherwise directs, a petition which is required to beserved on any person must be served on him not less than 7 days before the dayfixed for the hearing of the petition.
Certain applications not to be made by petition. (0.9, r.4).
4. No application in any cause or matter may be made by petition.
ORDER 10
SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS
General provisions. (0.10, r.1).
1. (1) Subject to the provisions of any written law and these Rules,a writ must be served personally on each defendant.
(2) Where a defendant’s solicitor indorses on the writ a statementthat he accepts service of the writ on behalf of that defendant, the writ shallbe deemed to have been duly served on that defendant and to have been served onthe date on which the indorsement was made.
(3) Where a writ is not duly served on a defendant but he enters anunconditional appearance in the action begun by the writ, the writ shall bedeemed to have been duly served on him and to have been so served on the date onwhich he entered the appearance.
(4) Where a writ is duly served on a defendant otherwise than by virtue ofparagraph (2) or (3), then, subject to Order 11, rule 5, unless after service theperson serving it indorses on it the following particulars, that is to say, theday of the week and date on which it was served, where it was served, the personon whom it was served, and, where he is not the defendant, the capacity in whichhe was served, the plaintiff in the action begun by the writ shall not beentitled to enter final or interlocutory judgment against that defendant indefault of appearance or in default of defence, unless the Court otherwiseorders.
Service of writ on agent of overseas principal. (0.10, r.2).
2. (1) Where the Court is satisfied on an ex parte applicationthat —
(a) a contract has been entered into within the jurisdiction withor through an agent who is either an individual residing or carrying onbusiness within the jurisdiction or a body corporate having a registeredoffice or a place of business within the jurisdiction; and
(b) the principal for whom the agent was acting was at the time thecontract was entered into and is at the time of the application neither such anindividual nor such a body corporate; and
(c) at the time of the application either the agent’s authorityhas not been determined or he is still in business relations with hisprincipal,
the Court may authorise service of a writ beginning an action relating to thecontract to be effected on the agent instead of the principal.
(2) An order under this rule authorising service of a writ on adefendant’s agent must limit a time within which the defendant must enteran appearance.
(3) Where an order is made under this rule authorising service of a writ on a defendant’s agent, a copy of the order and of the writ mustbe sent by post to the defendant at his address out of the jurisdiction.
Service of writ in pursuance of contract. (0.10, r.3).
3. (1) Where —
(a) a contract contains a term to the effect that the High Courtshall have jurisdiction to hear and determine any action in respect of acontract or, apart from any such term, the High Court has jurisdiction to hearand determine any such action; and
(b) the contract provides that, in the event of any action inrespect of the contract being begun, the process by which it is begun may beserved on the defendant, or on such other person on his behalf as may bespecified in the contract, in such manner or at such place (whether within orout of the jurisdiction), as may be so specified,
then if an action in respect of the contract is begun in the High Court andthe writ by which it is begun is served in accordance with the contract the writshall, subject to paragraph (2), be deemed to have been duly served on thedefendant.
(2) A notice of a writ which is served out of the jurisdiction in accordancewith a contract shall not be deemed to have been duly served on the defendant byvirtue of paragraph (1) unless leave to serve such notice out of thejurisdiction has been granted under Order 11, rule 1 or 2.
Service of writ in certain actions for possession of immovable property. (0.10, r.4).
4. Where a writ is indorsed with a claim for the possession ofimmovable property the Court may —
(a) if satisfied on an ex parte application that noperson appears to be in possession of the immovable property and that servicecannot be otherwise effected on any defendant, authorise service on thatdefendant to be effected by affixing a copy of the writ to some conspicuous partof the immovable property;
(b) if satisfied on such an application that no person appears tobe in possession of the immovable property and that service could not otherwisehave been effected on any defendant, order that service already effected byaffixing a copy of the writ to some conspicuous part of the immovable property shall be treated as good service on that defendant.
Service of originating summons, petition and notice of motion. (0.10,r.5).
5. The foregoing rules of this Order (except rule 1(4)) shall apply inrelation to an originating summons to which an appearance is required to beentered as they apply in relation to a writ, and rule 1(1) and (2) shall, withany necessary modifications, apply in relation to an originating summons to which no appearance need be entered, anotice of an originating motion and a petition as they apply in relation to awrit.
ORDER 11
SERVICE OF PROCESS ETC. OUT OF THE JURISDICTION
Principal cases in which service of notice of writ out of jurisdiction ispermissible. (0.11, r.1).
1. Where the writ does not contain any claim for damage, loss of lifeor personal injury arising out of —
(i) a collision between ships; or
(ii) the carrying out of or omission to carry out a manoeuvre in the caseof one or more of two or more ships; or
(iii) non-compliance on the part of one or more of two or more ships, withany collision regulations in force,
service of a notice of a writ out of the jurisdiction is permissible with theleave of the Court in the following cases, that is to say —
(a) if the whole subject-matter of the action begun by the writ isimmovable property situate within the jurisdiction (with or without rents orprofits) or the perpetuation of testimony relating to immovable property sosituate;
(b) if an act, deed, will, contract, obligation or liabilityaffecting immovable property situate within the jurisdiction is sought to beconstrued, rectified, set aside or enforced in the action begun by the writ;
(c) if in the action begun by the writ relief is sought against aperson domiciled or ordinarily resident or carrying on business within thejurisdiction;
(d) if the action begun by the writ is for the administration ofthe estate of a person who died domiciled within the jurisdiction or if theaction begun by the writ is for any relief or remedy which might be obtained inany such action as aforesaid;
(e) if the action begun by the writ is for the execution, as toproperty situate within the jurisdiction, of the trusts of a written instrument,being trusts that ought to be executed according to law and of which the personto be served with the writ is a trustee or if the action begun by the writ isfor any relief or remedy which might be obtained in any such action asaforesaid;
(f) if the action begun by the writ is brought against a defendant toenforce, rescind, dissolve, annul or otherwise affect a contract, or to recoverdamages or obtain other relief in respect of the breach of a contract, being (ineither case) a contract which —
(i) was made within the jurisdiction; or
(ii) was made by or through an agent trading or residing within thejurisdiction on behalf of a principal trading or residing out of thejurisdiction; or
(iii) is by its terms, or by implication, governed by the law of Brunei Darussalam;
(g) if the action begun by the writ is brought against a defendantin respect of a breach committed within the jurisdiction of a contract madewithin or out of the jurisdiction, and irrespective of the fact, if such be thecase, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so muchof the contract as ought to have been performed within the jurisdiction;
(h) if the action begun by the writ is founded on a tort committedwithin the jurisdiction;
(i) if in the action begun by the writ an injunction is soughtordering the defendant to do or refrain from doing anything within thejurisdiction (whether or not damages are also claimed in respect of a failure todo or the doing of that thing);
(j) if the action begun by the writ being properly brought against aperson duly served within or out of the jurisdiction, a person out of the jurisdiction is a necessary or proper party thereto;
[S 8/99]
(k) if the action begun by the writ is either by a charge of propertysituate within the jurisdiction (other than immovable property) and seeks thesale of the property, the foreclosure of the charge or delivery by the chargorof possession of the property but not an order for payment of any moneys dueunder the charge or by a charge or of property so situate (other than immovable property) and seeks redemption of the charge, reconveyance of theproperty or delivery by the chargee of possession of the property but not apersonal judgment;
(1) if the action begun by the writ is brought under the provisionsof any written law relating to carriage by air.
In this paragraph ‘mortgage’ includes a charge or lien,‘mortgagee’ means a person entitled to, or interested in, a mortgageand ‘mortgagor’ means a person entitled to, ar interested inproperty subject to a mortgage.
Service out of the jurisdiction in certain actions of contract. (0.11,r.2).
2. Where it appears to the Court that a contract contains a term tothe effect that the High Court shall have jurisdiction to hear and determine any action in respect of the contract, the Court may grant leavefor service out of the jurisdiction of the notice of the writ by which an actionin respect of the contract is begun.
Leave for service of notice of writ. (0.11, r.3).
3. Notice of a writ for service out of the jurisdiction must be inForm 11.
Application for, and grant of, leave to serve notice of writ out ofjurisdiction. (0.11, r.4).
4. (1) An application for the grant of leave under rule 1 or 2 mustbe supported by an affidavit in Form 12 stating the grounds on which theapplication is made and that in the deponent’s belief, the plaintiff has agood cause of action, and showing in what place or country the defendant is, orprobably may be found.
(2) No such leave shall be granted unless it shall be made sufficiently toappear to the Court that the case is a proper one for service out of thejurisdiction under this Order.
(3) An order in Form 13 granting under rule 1 or 2 leave to serve a noticeof a writ out of the jurisdiction must limit a time within which the defendantto be served must enter an appearance.
Service of notice of writ abroad: General. (0.11, r.5).
5. (1) Subject to the following provisions of this rule, Order 10,rule 1, and Order 62, rule 5, shall apply in relation to the service of a noticeof a writ notwithstanding that the notice is to be served out of thejurisdiction.
(2) Nothing in this rule or in any order or direction of the Court made byvirtue of it shall authorise or require the doing of anything in a country inwhich service is to be effected which is contrary to the law of thatcountry.
(3) A notice of a writ which is to be served out of jurisdiction need not beserved personally on the person required to be served so long as it is served onhim in accordance with the law of the country in which service is effected.
(4) Where a certificate under the following provisions of this rule isproduced in relation to the service of notice of a writ in accordance with rule6 or rule 7, Order 10, rule 1(4), shall not apply in relation to that service.
(5) An official certificate stating that a notice of a writ as regards whichrule 6 has been complied with has been served on a person personally, or inaccordance with the law of the country in which service was effected, on aspecified date, being a certificate —
(a) by a consular authority in that country; or
(b) by the Government or judicial authorities of that country;or
(c) by any other authority designed in respect of that country, underthe Hague Convention,
shall be evidence of the facts so stated.
(6) An official certificate by the Minister of Foreign Affairs stating thatnotice of a writ has been duly served on a specified date in accordance with arequest made under rule 7 shall be evidence of that fact.
(7) A document purporting to be such a certificate as is mentioned inparagraph (5)
or (6) shall, until the contrary is proved, be deemed to be such acertificate.
(8) Where the defendant is in Singapore or Malaysia, the notice of a writmay be sent by post or otherwise by the Registrar to the Magistrate, Registrar,or other appropriate officer of any Court exercising civil jurisdiction in thearea in which the person to be served is said to be or to be carrying onbusiness for service on the defendant and if it is returned with an indorsementof service and with an affidavit of such service, it shall be deemed to havebeen duly served.
Service of notice of writ abroad through foreign governments judicialauthorities and
Bruneian consuls. (0.11, r.6).
6. (1) Where in accordance with these Rules notice of a writ is to beserved on a defendant in any country with respect to which there subsists aCivil Procedure Convention providing for service in that country of process ofthe High Court, the notice may be served —
(a) through the judicial authorities of that country; or
(b) through a Brunei Darussalam consular authority in that country(subject to any provision of the Convention as to the nationality of persons whomay be so served).
(2) Where in accordance with these Rules notice of a writ is to be served ona defendant in any country with respect to which there does not subsist a CivilProcedure Convention providing for service in that country of process of theHigh Court, the notice may be served —
(a) through the Government of that country, where that Governmentis willing to effect service; or
(b) through a Brunei Darussalam consular authority in that country,except where service through such an authority is contrary to the law of thatcountry.
(3) Where a person wishes to serve notice of a writ in any country—
(a) through the judical authorities of that country under paragraph(1); or
(b) through a Brunei Darussalam consular authority under paragraph(1) or (2);
or
(c) through the Government of that country under paragraph (2),
that person must lodge in the Registry a request in Form 14 for service ofnotice of the writ by that method, together with a copy of the notice and anadditional copy thereof for each person to be served.
(4) Every copy of a notice lodged under paragraph (3) must beaccompanied by a translation of the notice in the official language of thecountry in which service is to be effected or, if there is more than oneofficial language of that country, in any one of those languages which isappropriate to the place in that country where service is to be effected:Provided that this paragraph shall not apply in relation to a copy of a noticewhich is to be served in a country the official language of which is, or theofficial languages of which include, English, or is to be served in any countryby a Brunei Darussalam consular authority on a Brunei Darussalam citizen, unlessthe service is to be effected under paragraph (1) and the Civil ProcedureCovention with respect to that country expressly requires the copy to be accompanied by a translation.
(5) Every translation lodged under paragraph (4) must be certified by theperson making it to be a correct translation; and the certificate must contain astatement of that person’s full name, of his address and of hisqualifications for making the translation.
(6) Documents duly lodged under paragraph (3) shall be sent by the Registrarto the Permanent Secretary to the Ministry of Foreign Affairs with a requestthat he arranges for the writ to be served by the method indicated in therequest lodged under paragraph (3) or, where alternative methods are so indicated, by such one of those methods as in most convenient.
Service of notice of writ in certain actions under written law. (0.11,r.7).
7. (1) Where a person to whom leave has been granted under rule 1 toserve notice of a writ on a High Contracting Party to the Warsaw Conventionbeing a writ beginning an action to enforce a claim in respect of carriageundertaken by that Party, wishes to have the notice served on that Party, hemust lodge in the Registry —
(a) a request for service to be arranged by the Minister of ForeignAffairs; and
(b) a copy of the notice; and
(c) except where the official language of the High Contracting Partyis, or the official languages of that Party include, English, a translation ofthe notice in the official language or one of the official languages of the HighContracting Party.
(2) Rule 6(5) shall apply in relation to a translation lodged underparagraph (1) of this rule as it applies in relation to a translation lodgedunder paragraph (4) of that rule.
(3) Documents duly lodged under this rule shall be sent by the Registrar tothe Permanent Secretary to the Ministry of Foreign Affairs with a request thathe arranges for the notice to be served on the High Contracting Party or theGovernment in question, as the case may be.
Undertaking to pay expenses of service incurred by Minister. (0.11,r.8).
8. Every request lodged under rule 6(3) or rule 7 must contain anundertaking by the person making the request to be responsible personally forall expenses incurred by the Minister of Foreign Affairs in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to theoffice of the said Minister and to produce a receipt for the payment to the proper officer inthe Registry.
Servic