COURT FEES (SUPREME COURT) AND COSTS ACT (CHAPTER 53)

LAWS OF SEYCHELLES

COURT FEES (SUPREME COURT) AND COSTS ACT

CHAPTER 53

REVISED EDITION 1991

PRINTED FOR THE GOVERNMENT OF SEYCHELLES

CHAPTER 53

COURT FEES (SUPREME COURT) AND COST ACT Act 8 of 1914

Act 6 of 1921

Act 3 of 1959

[7th March, 1964] Act 17 of 1969

S.I. 59 of 1975

S.I. 95 of 1975

ARRANGEMENT OF SECTIONS S.I. 72 of 1976

Act 23 of 1976

S.I. 7 of 1980

S.I. 37 of 1990

SECTION S.I. 38 of 1990

1. Short title.

2. Definitions.

PART I

Fees to be taken in the Supreme Court in its Civil Jurisdiction

3. Fees to be taken.

4. Power to alter or add to Schedule.

PART II

Taxation of Costs in the Supreme Court in its Civil Jurisdiction

5. Registrar to be Taxing Master.

6. Fees to be allowed on taxation.

7. Discretionary power of court as regards costs.

8. Taxation of bill of Costs ‑ When judgment creditor may apply.

9. When an attorney may apply.

10. Application to tax bill.

11. Taxing Master to fix date for taxation.

12. When taxing master may proceed ex‑parte.

13. Procedure on taxation.

14. Costs of taxation when one‑sixth of bill disallowed.

15. Excessive number of witnesses, costs may be disallowed.

16. Review of taxation by Judge.

17. Taxation of agreements between attorneys and clients.

18. Agreement to exclude any further claim for costs.

19. Void agreements.

20. Change of Attorney, taxation of agreement.

21. Costs of the Republic.

22. Chief Justice may frame further schedules and rules.

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Short title. 1. This Act may be cited as the Court Fees (Supreme Court)

3/23/1976. and Costs Act.

Definitions. 2. In this Act unless the context otherwise requires ‑

2/6/1921.

"Registrar" means the Registrar of the Supreme Court, and includes the Assistant Registrar in the absence of the Registrar;

"cause" shall include any action, suit or other original proceedings in the Supreme Court between a plaintiff and a defendant;

"matter" shall include every proceeding in the Supreme Court not in a cause;

"counsel" includes any barrister‑at‑law, attorney or advocate whose name is on the roll of members of the legal profession admitted to practice in Seychelles;

"attorney" means an attorney‑at‑law and includes a barrister or advocate when acting as an attorney‑at‑law;

"judgment creditor" means a party to a cause or matter in whose favour a judgment or order of the court has been given;

"judgment debtor" means a party to a cause or matter against whom a judgment or order of the court has been given.

PART I

Fees to be taken

Fees to be 3. The several fees specified in the first schedule hereto

taken. (including *usher's fees) shall be payable in the office of the

6/3/1959. Registrar on proceedings in the Supreme Court, or before a Judge in chambers or the president of the family council as the case may be. A table of the aforesaid fees shall be posted in a conspicious place in the Court House and in the office of the Registrar of the Supreme Court, and such fees shall be paid in the first instance by the party on whose behalf such proceeding is to be taken, on or before such proceeding.

Power to 4. It shall be lawful for the Chief Justice, subject to the

alter or add approval of the Minister responsible for finance, from time to

to schedule. time to alter, amend or add to the fees contained in the said

S.I. 95/1975. schedule.

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*See section 23(3) of the Courts Act.

PART II

2/17/1969 Taxation of Costs

Registrar to 5. The Registrar shall be the taxing master and shall tax in

be taxing manner hereinafter provided by this Act, all bills of costs ‑

master

3/17/1979 (a) between party and party in a cause or matter;

(b) between attorney and client for work done in a cause or matter;

(d) counsel's fees.

Fees to be 6. Counsel's fees and attorneys' bills of costs shall,

allowed on subject to the provisions of section 17, be taxed in

taxation. accordance with the provisions of this Act and of the second

4/17/1969 schedule hereto and no counsel, attorney or party shall be entitled to recover any larger sum by way of fees or costs than that allowed on taxation except, that in the case of an agreement enforceable under the provisions of section 17, an attorney shall be entitled to recover from a person liable thereunder the amount payable by that person under the terms thereof adjusted where necessary pursuant to review under subsections (3) and (4) of section 17.

Discretionary 7. Nothing in this Act shall detract from the discretionary

power of court power of the court to grant or disallow costs in causes or

as regards matters or to grant costs only on the amount awarded by the

costs. judgment of the court, or to apportion the costs as the court may deem fit.

Taxation of 8. A judgment creditor may apply to the taxing master to

bill of Costs; have his bill of costs taxed, if the judgment debtor fail to

When judgment pay the amount of such bill withing twenty‑four hours after

creditor may due delivery of the bill and demand for payment made, unless

apply. the judgment debtor has admitted in writing owing the amount of such bill.

When an 9. An attorney who has done work for a client in a cause or

attorney may matter or otherwise may apply to the taxing master to have his

apply. bills of costs for such work taxed, if the client fail to pay

5/17/1969. the amount of such bill within twenty‑four hours after due delivery of the bill and demand for payment made; and except as provided in section 17 no attorney shall sue a client for the recovery of his costs until after his bill of costs has been taxed.

Application 10. Every application to tax a bill of costs shall be in

to tax bill. writing signed by the applicant or his attorney, if any and shall be accompanied by one copy of the bill to be taxed and a certified copy of the letter of demand. Such application shal be brought by the applicant or his attorney to the taxing master who must satisfy himself that service of the bill and letter of demand was duly made. In every bill of costs the professional charges shall be entered in a separate column from the disbursements and every column shall be cast before the bill is brought for taxation.

Taxing Master 11. The taxing master on receipt of such application shall fix a

to fix date date and time for the taxation and shall give a note thereof

for taxation. to the applicant and shall notify the adverse party in writing by a registered letter sent through the post, or in such other manner as the taxing master shall direct, of the time and date fixed for the taxation:

Provided that it shall not be necessary for the taxing master to give such notice as aforesaid, when the bill to be taxed is for work done in a cause or matter and the adverse party has not appeared at the hearing of such cause or matter.

When taxing 12. If either the applicant for the taxation or the adverse party

master may fail to attend before the taxing master at the time fixed for the

proceed taxation, after due notice thereof and without sufficient excuse,

ex‑parte. the taxing master may tax the bill ex‑parte.

Procedure on 13. The taxing master shall retain one copy of every bill of

taxation. costs brought to him for taxation, and, if the taxation is for work done in a cause or matter, he shall attach such copy to the record of the case. He shall strike out all items disallowed and, if less than the amount of any item claimed is allowed he shall note on the bill the diffence not allowed; he shall certify at the foot of the bill over his signature the total amount allowed and the date of taxation. The taxing master shall not allow any claims for disburdenments unless receipts for the amounts disbursed are produced to him, or, if it be impossible or highly inconvenient to obtain receipts, unless he is satisfied by affidavit or otherwise that the disbursements have been made, and in every case that such disbursements were necessary.

Costs of 14. If a bill of costs when taxed be less by a sixth part

taxation when than the bill delivered, then the judgment creditor or the

one‑sixth of attorney by whom the application to tax the bill was made,

bill dis‑ shall not be allowed the costs of the taxation.

allowed.

Excessive 15. If the taxing master be of opinion that more witnesses

number of have been summoned for the purpose of proving any particular

witnesses, fact or facts than the circumstances of the case required, he

costs may be may disallow the costs of such witnesses.

disallowed.

Review of 16. Any party to a cause or matter and any attorney or client

taxation by who is dissatisfied with the taxation of the taxing master may

Judge. apply by petition to a Judge to review such taxation and the Judge

6/3/1959. on receipt of such application shall fix a date for reviewing the taxation in his chambers. The Registrar shall give a note of the date and time so fixed to the applicant and shall send to the adverse party or person notice thereof by a registered letter sent through the post, or in such other manner as the Judge may direct. If any party to whom notice has been duly given fail without sufficient excuse to attend at the time fixed by such notice, the Judge may review the taxation in the absence of such party. The Judge after hearing the parties attending shall either confirm the taxation of the taxing master or shall alter it as he may consider fit. The decision of the Judge shall be final and not subject to appeal.

Taxation of 17(1) Notwithstanding any provision of this Act, an attorney may

agreements make an agreement in writing with his client respecting the amount

between and manner of payment for the whole or any part of any past or

attorneys and future services, fees, charges or disbursements, including coun‑

clients. sel's fees, in respect of work done or to be done by such attorney,

6/17/1969. either by a gross sum, or by commission or percentage, or by salary or otherwise and either at the same rate as, or at a greater or less rate than, the rate at which he would otherwise be entitled to be remunerated.

(2) No such agreement that provides for remuneration at a rate, or in a manner, which either generally or in respect of any item, is different from that at or in which the attorney would otherwise be entitled to be remunerated, shall be enforceable or upheld on taxation, unless ‑

(a) it is in writing, dated, and authenticated by signature, mark or other sign by, or on behalf of, the client and any other person liable to make payment thereunder; and

(b) the attorney has lodged an authenticated copy of such agreement in the chambers of the Chief Justice, and, in the case of any agreement in this paragraph hereinafter mentioned, has so lodged such copy within fourteen days of the authentication thereof ‑ that is to say any such agreement which concern work done or to be done ‑

(i) in respect of any cause, matter or proceeding of any kind in any court, whether or not such cause, matter or proceeding is actually commenced; or

(ii) for a minor or an interdicted person; or

(iii) payment for which may fall to be made by a minor or an interdicted person, or out of any moneys (including the proceeds of any litigation) in which a minor or an interdicted person has any interest.

(3) The Chief Justice may of his own motion, and shall upon the petition of any party to any agreement the making of which is authorised by subsection (1) of this section, at any time order that such agreement be reviewed by a Judge and thereupon the provisions of such agreement shall be reviewed by a Judge in the same manner, and in accordance with the same procedure, as a taxation may be reviewed under the provisions of section 16 except that no petition, or further petition, as the case may be, shall be required.

(4) Upon such review, a Judge may ‑

(a) if of opinion that the agreement is in all respects fair and reasonable having regard to all relevant circumstances, including those existing at the time at which it was made, refuse to review the agreement;

(b) if of opinion that the agreement is in any respect unfair or unreasonable, either vary any part of the agreement in such manner as the Judge may see fit and order the amount payable thereunder to be adjusted accordingly, or declare it to be void, and may order the costs covered thereby to be taxed as if the agreement had never been made.

(5) If the provisions of subsection (2) have been complied with in respect of any agreement referred to in subsection (1), such agreement shall, subject to review as provided for in subsection (3) of this section, be enforceable as if any amount payable in terms thereof (adjusted where necessary pursuant to review in manner aforesaid) were the amount owing under a bill of costs which has been duly taxed in accordance with the provisions of this Act, provided that, if the party sought to be made liable disputes the amount payable, the court before which it is sought to enforce such agreement, shall, if there has been no such review as aforesaid, inform such party of his right to petition for a review and, if such party signifies his intention of so petitioning, afford him a reasonable opportunity for so doing and obtaining a decision on such petition before pronouncing judgment on the claim.

Agreement to 18. Such an agreement shall be deemed to exclude any further

exclude any claim of the attorney beyond the terms of the agreement in

further claim respect of any services, fees, charges or disbursements in

for costs. relation to the conduct and completion of the work in reference to which the agreement is made, unless any such services, fees, charges or disbursements are expressly excepted by the agreement.

Void 19. Any provisions or conditions in any such agreement with

agreements. respect to any purchase by an attorney of the interest, or any part of the interest of his client in any suit or other contentious proceeding to be brought or maintained or whereby the attorney may be relieved from any responsibility to which he would otherwise be subject as such attorney shall be null and void.

Change of 20. If after any agreement as aforesaid shall have been made, the

Attorney, client shall change his attorney before the conclusion of the work

taxation of to which such agreement shall relate (which he shall be at liberty

agreement. to do notwithstanding such agreement) the attorney, party to such

6/3/1959. agreement, shall no longer be entitled to act under such agreement, but he may apply by petition to a Judge in chambers to tax such agreement and upon such taxation, the attorney shall not be deemed entitled to the full amount of the remuneration agreed to be paid to him, unless it shall appear that there has been no default, negligence, improper delay or other conduct on his part affording reasonable ground to the client for such change of attorney, and the Judge shall decide having regard to all the circumstances under which the change of attorney has taken place, how such attorney is entitled to be paid. The decision of the Judge shall be final and not subject to appeal.

Costs of the 21(1) The Republic shall be entitled to have and to recover

Republic. costs and costs may be given and recovered against the

S.I. 72/1976. Republic in all causes and matters of the Supreme Court, to the like extent and in the same manner as costs may be had and recovered by and against any other party.

(2) Such costs shall include counsel's fees when the Attorney General or any barrister has appeared as counsel on behalf of the Republic.

(3) All costs awarded to the Republic may be recovered by the Attorney General and shall be paid into the Consolidated Fund and form part of revenue of the Republic of Seychelles.

Chief Justice 22. The Chief Justice may, with the approval of the Minister

may frame responsible for finance, alter, amend or add to the fees

further contained in the second schedule and may also with the like

schedules and approval make rules for more effectually carrying out the

rules. purposes and provisions of this Part.

7/17/1969

S.I. 95/1975.

S.I 59/1975 FIRST SCHEDULE

S.I 37/1990 (Section 3)

Fees to be taken in the office of the Registrar of the Supreme Court (Civil Side) under section 3.

In any case where no fee has been provided under a particular heading, the fee prescribed for the corresponding item under the general heading shall be payable.

In addition to the fees hereinafter prescribed, the court may allow fees to interpreters, costs of conveyance and such other necessary incidental expenses as the circumstances of the case may require.

PART I

GENERAL

1. Where, on entering plaint, the value of the claim or demand

(a) does not exceed R.10,000 ‑ R.500

(b) exceeds R.10,000 but does Additional

not exceed R.5000 ‑ 1% on surplus

1/2% on surplus

In all cases the value of the property

involved and the amount of damages claimed R.500 to

shall be stated in the plaint but where, from R.1250 at

the nature of the claim or demand, the value the

cannot be ascertained discretion

of the

Registrar

2. On filing a petition for divorce or

separation ‑ (where damages are claimed

against any co‑respondent, an

additional fee in accordance with

item 1) R.500

3. Where an injunction or other judicial

relief is sought in addition to

damages, an extra fee of R.65

4. On issuing summons to be served with,

plaint, for each party summoned R.15

5. On issuing writ of execution, or any

other writ on the issue of which no

separate court fee is payable R.65

6. On issuing order for attachment, warrant

or other order on the issue of which no

separate fee is payable R.65

7. On filing any petition, motion or

application originating proceedings

on the filing or which no other

fee is payable R.250

8. On filing any other petition, motion or

application to be heard before the court

on the filing of which no other fee is

payable R.125

9. on filing any petition or application to

a Judge in Chambers R.65

10. On filing an ex parte petition, motion

or application not originating

proceedings R.65

11. On filing petition for unsatisfied

judgment R.125

12. on issue of summon to give personal

answers R.30

13. On issue of summons to judgment debtor R.65

14. On issue of summons of garnishee R.30

15. On issue of summons to show cause R.65

16. On filing application for interpleader

summons R.30

17. On issue of interpleader summons, for

each party summoned R.15

18. On summons to witness, for each

witness R.15

19. On attendance of any officer of the

court to produce records or documents

to be given in evidence R.65

20. On issue of any summons for the issue

of which no separate fee is payable R.30

21. On order amending any pleadings R.65

22. On sealing commission to take evidence

(1) out of the jurisdiction R.125

(2) within the jurisdiction R. 65

23. On drawing up any order, decree,

judgment, warrant, memorandum or notice

or any other document for the drawing

up of which no separate fee is payable R. 65

24. On taking any bond, recognisance or

security for the taking of which no

separate fee is payable R.65

25. On holding any enquiry ordered to be

made or taking any account by an officer

of the court for each day or part

thereof (including report) R.125

26. On hearing of every plaint or other

original proceeding before the court,

for each day or part thereof (to be

paid before the hearing by the party

originating the proceedings): R.200

Provided that, when judgment is

admitted no hearing fee shall be charged

27. On every adjournment of the hearing of a

cause or matter at the request of either

party where no hearing fee has become

payable: R.65

Provided that, for extraordinary cause

beyond the control of any party

requesting the adjournment, the court may

exempt such party from payment of this

fee

28. On hearing before the court of ex parte

petitions, motions or applications or where

an order is made by consent R.65

29. On moving the Court for judgment or

making any incidental applications to the

court or a Judge for which no separate

fee is payable R.65

30. On sealing any document with the embossed

seal of the court, unless otherwise

provided R.30

31. On every certificate, including drawing

same R.65

32. On taking any affidavit, affirmation,

declaration, etc., for use in a proceeding

before the court or a Judge in Chambers,

for each deponent R.15

33. For any other purpose, for each deponent R.15

34. On making any exhibit referred to therein R.10

35. On filing, or taking off the file, any

document for the filing or taking off

of which no separate fee is payable R.15

36. On every visa of a legal document R.15

37. On every search in any book or records

(1) for the first hour or part thereof R.15

(2) for each subsequent hour or part

thereof R.20

38. On every extract made by a party searching R.15

39. On entering any final judgment or order

in any cause, matter or suit R.30

40. On entering any other judgment or order R.25

41. On entering withdrawal of action upon

the record R.25

42. In the case of money paid into court, on

the same being paid out ‑

(a) when amount exceeds R.25 but does

not exceed R.100 R.15

(b) when amount exceeds R.100 5%

43. On office copy of any document, record,

evidence or other proceeding for every

thirty lines or fractional part thereof R.15

44. On taking down evidence of witnesses in

non‑appealable cases, when required

by either party, for every thirty lines

or fractional part thereof R.10

45. On filing petition or application for the

appointment of an expert, appraiser,

notary, surveyor, etc. R.30

46. On filing petition for the authorisation

of the marriage of a minor R.15

47. On filing petition for amendment of

acts of civil status R.30

48. On taking acception or renunciation to

succession and acts of similar nature R.30

49. On every act of emancipation of a minor R.30

50. On registering instruments of partnership

and acts of a similar nature for every

thirty lines or fractional part

thereof R.15

51. For posting up every such instrument or

act R.15

52 (1) on deposit of will R.30

(2) on endorsing will (including

envelope) R.50

(3) on drawing up memorandum of deposit

and endorsement R.65

53 On reference of a case to arbitration R.65

54. On entry of any caveat, opposition

to the fixing or breaking of seals or

special defence R.65

APPEALS

55. On filing notice of appeal R.250

56. On taking recognizance of appellant 125

57. On setting record of appeal 125

58. On typing record of appeal, for every

thirty lines or fractional part

thereof, in respect of each copy

required R.15

59. On sealing and certifying record of

appeal R.65

JUDICIAL SALES

60. On filing every petition or application

(unless the fee prescribed under item

70 is payable) R.65

61. On filing memorandum of charges R.65

62. On considering each production R.65

63. On drawing provisional scheme of

distribution R.125

64. On closing provisional scheme

(a) if not objected to R.65

(b) if objection made R.125

65. On drawing final judgment and copy R.65

66. On drawing notice of posting up

(with copy) R.25

67. On every certificate of Registrar R.65

68. On each warrant for payment R.65

69. On conduct of sale before the Court

where the sale price, or if no sale

results, the mise à prix

(a) does not exceed R.10,000 R.65

(b) exceeds R.10,000 but does not

exceed R.30,000 R.125

70. On hearing any question of amendment

of the conditions of sale and for

making amendment if ordered R.100

71. On a declaration de command R.125

72. On each surenchère R.125

73. On all moneys received or paid or

distributed by the Court 5%

PARTITION

74. On filing any petition for partition,

whether or not proceedings for sale

by licitation are pending R.200

BANKRUPTCY

75. On filing bankruptcy petition R.250

76. On order of adjudication R.65

77. On filing declaration of insolvency R.30

78. On issue of search warrant, warrant of

arrest or commitment or other warrant R.65

79. On examination of bankrupt before the

court (no other hearing fee to be

charged) R.250

80. On appointment of public sitting for

audit or dividend (including hearing) R.65

81. On every application or petition on

which no other fee is payable R.65

82. On grant of certificate of conformity

(including seal of court) R.65

83. On moving for composition after

bankruptcy R.250

84. On filing petition by trader for

arrangement R.65

TAXATION OF BILLS OF COSTS

85. On taking bill of costs on taxed amount of

whole bill 3%

86. On filing notice of appeal from

taxation R.65

87. On hearing appeal from taxation R.65

PART II

USHER'S FESS

88. For calling any cause R.10

89. For serving any summons, warrant, subpoena

notice or other document

(a) within two miles of the Court

House R.15

(b) above two miles, for every extra

mile (to be charged both ways): R.10

Provided that, for service in Praslin or

la Digue, a fixed fee of R.150 will be

payable

90. For each person to be served R.15

91. For posting up each notice not

exceeding three R.15

92. For conveying any person committed

to prison R.65

93. For calling and taking bids on sale

of immovable property before the Court

when the sale price, or if no sale results,

the mise à prix ‑

(a) does not exceed R.10,000 R.65

(b) exceeds R.10,000 but does not

exceed R.30,000 R.125

SEIZURE OF MOVABLE PROPERTY

Seychelles Legislation

COURT FEES (SUPREME COURT) AND COSTS ACT (CHAPTER 53)