RULES OF COURT 2012
Amendments relevant to debt recovery actions.
Rules of Court 2012 |
Rules of High Court 1980/ Subordinate Courts Rules 1980 |
a)Mode of commencement of proceedings Order 5 Rules of Court 2012:
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a) Mode of commencement of proceedings Order 5 Rules of High Court 1980
Order 4 of Subordinate Courts Rules 1980
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b)Entry of Appearance To Writ Order 12 Rules of Court 2012:
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b)Entry of Appearance To Writ Order 12Rule 4 Rules of High Court 1980
Order 12 Rule 8(3) Rules of High Court 1980
Order 12 Rule 6 Rules of High Court 1980 – Conditional Appearance.
Order 12 Rule 7 Rules of High Court 1980 - Application to set aside writ, etc
Order 4 of Subordinate Courts Rules 1980 ii) Civil proceedings may be begun by summons, originating application or Petition.
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c) Pleadings New Order 18 Rule 12 (1A) Rules of Court 2012 is introduced.
No party shall quantify any claim or counterclaim for general damages.
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c) Pleadings
- Order 18 Rules of High Court 1980 - Order 14 Subordinate Courts Rules 1980 |
d)Amendments New Order 20 Rule 12 Rules of Court 2012 is introduced.
Amendment on pleadings is allowed by written agreement/consent of parties before commencement of the trial.
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d)Amendments -Order 20 Rules of High Court 1980 -Order 15 Subordinate Courts Rules 1980 |
e) Originating Summons (“OS”) procedure Order 28 Rules of Court 2012
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e) Originating Summons (“OS”) procedure Order 28 Rules of High Court 1980
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f) Interlocutory Injunctions, Interim Preservation of Property Order 29 Rules of Court 2012
i) the new amended rule allows a defendant to make an ex-parte application.
ii) the Court must fix inter-partes date within 14 days from the ex-parte Order.
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f) Interlocutory Injunctions, Interim Preservation of Property Order 29 Rules of High Court 1980
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g)Applications and Proceedings in Chambers Order 32 Rules of Court 2012.
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g)Applications and Proceedings in Chambers Order 32 Rules of Court 2012.
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h) Case Management Order 34 Rules of Court 2012
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i) Judgment and Orders Order 42 Rules of Court 2012
i) Rule 12 no longer specifies the interest rate post judgment (ie. 4% p.a.) and is subject to what is determined by the Chief Judge
ii) New rule 12A covers compensation sum on judgment debts for Islamic finance matters
Late payment charge shall follow Rule 12 but :-
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i)Judgment and Orders Order 42 Rule 12 Rules of High Court 1980
Order 29 Rule 12 Subordinate Court Rules 1980 ii) Every judgment debt shall carry interest at the rate of 8 per centum per annum, or at such other rate not exceeding the rate aforesaid as the Court shall direct (unless the rate has been otherwise agreed upon between the parties), such interest to be calculated from the date of judgment or order. |
j)Appeals to High Court from Subordinate Courts Order 55 Rules of Court 2012
i) New procedures for appeals to high court from lower courts. Order 55 (3) Rules of Court 2012-Notice of appeal against a decision made after trial.
The appellant shall within one month from the date of filing the notice of appeal prepare and file the record of appeal. Order 55 Rule 5 Rules of Court 2012-Notice of Appeal against any decision other than a decision made after trial.
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j) Appeals to High Court from Subordinate Courts Order 55 Rule 1 & 2 Rules of High Court 1980 i) On receiving an appeal record under Order 49 of the Subordinate Courts Rules, 1980, the Registrar shall enter the appeal in a list of appeals from Subordinate Courts.
Rule 2. Memorandum of Appeal. ii) The appellant shall, within fourteen days from the date of service on him of the notice in Form 141 under Order 49, file in the High Court in duplicate a memorandum of appeal in Form 113A.
iii) The appellant shall within the like period serve each respondent with a copy of such memorandum and a copy of the appeal record.
ORDER 49 Rule 2 Subordinate Courts Rules 1980
i) Appeals to the High Court shall be brought by giving notice of appeal in Form 140.
ii) An appellant may appeal from the whole or any part of a decision
(iii) The notice of appeal shall be filed within 14 days from the day on which the decision was pronounced.
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k) Appeals from Registrar of the High Court to a Judge In Chambers Order 56 Rules of Court 2012
i) Time period for appeal from Registrar to a Judge is changed from 10 days to 14 days ii) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice to attend the hearing before the Judge. |
k) Appeals from Registrar of the High Court to a Judge In Chambers Order 56 Rules of High Court 1980
i) Unless the Court otherwise orders, the notice must be issued within 10 days after the judgment.
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l) Costs Order 59 Rules of Court 2012
i) No more taxation of costs. It provides the Court discretion to award gross sum instead by inviting parties to submit on the issues of costs. ii) It introduces new table for disbursement for proceedings in the High Court and the subordinate Courts. It also introduces new scale costs for proceedings in the Subordinate Courts. iii) The allocator fee is fixed at 4% of the costs that is allowed by the court. There will be separate Order drawn up for costs so that the extraction of the main Order/Judgment will not be held up by non-payment of allocator fees |
l) Costs Order 59 Rule 9 Rules of High Court 1980
i) Subject to this Order, where by or under these rules or under any order or direction of the Court costs are to be paid to any person, that person shall be entitled to his taxed costs. ii) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled- (a) to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or (b) to a gross sum so specified in lieu of taxed costs. iii) When the bill has been taxed the solicitor shall cast up the deductions therefrom, which, the casting of the bill, shall be checked by the Registrar, and the Registrar shall proceed to make his certificate or allocatur for the amount of such costs less the deductions. |
m) Charge Actions Order 83 Rules of Court 2012
i) Rule 2(2) - the Plaintiff shall serve on the Defendant the OS and a copy of the affidavit in support of the OS not less than 4 clear days before the day fixed for the first hearing of the OS, ii) Rule 2(4) - Where the hearing is adjourned and the Defendant was absent from the hearing, then, subject to any directions given by the Court, the Plaintiff must serve a written notice of the adjourned hearing, together with a copy of any further affidavit intended to be used at the hearing, on the Defendant not less than 2 clear days before the day fixed for hearing. iii) Rule 3(3) and (6) - Has been amended to now only require particulars of the amount due under the charge as at the date of the hearing of the OS only. This is in line with Sec.257 of the National Land Code. |
m) Charge Actions. Order 83 Rule2(2) of Rules of High Court 1980. i) Not less than 4 clear days before the day fixed for the first hearing of the originating summons the plaintiff must serve on the defendant a copy of the notice of appointment for the hearing and a copy of the affidavit in support of the summons. Order 83 Rule 2(4) of Rules of High Court 1980. ii) Where the hearing is adjourned, then, subject to any directions given by the Court, plaintiff must serve notice of the appointment for the adjourned hearing, together with a copy of any further affidavit intended to be used at the hearing, on the defendant not less than 2 clear days before the day fixed for the hearing.
Action for possession or payment. Order 83 Rule 3(3) of Rules of High Court 1980.
iii) Where the plaintiff claims delivery of possession the affidavit must show the circumstances under which the right to possession arises and, except where the Court in any case or class otherwise directs, the state of the account between the chargor and chargee with particulars of-
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