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Interpretation

1. Meaning of certain expressions

2. Application of this Act

3. Application of rules of construction

Enacting clauses

5. Public Acts

6. Provisions in private Acts

Application

7. Application of enactments

8. References to President, Republic

9. Substantive enactments

Aids to construction

10. Aids to interpretation or construction

11. References in enactments

12. Amending provisions

Operation of enactments

13. Long Title and Preamble

14. Punctuation

15. Headings

16. Descriptive words

17. Date of commencement of enactments

18. Publication and Commencement

19. Expiration of enactments

20. Exercise of powers before commencement

21. Statutory functions

22. Errors and omissions

23. Provisions as to holders of offices

24. Effect of words of incorporation

25. Offences and penalties

26. Fines expressed as penalty units

27. Pecuniary value of a penalty unit

(d) finally determined and multiplicity of proceedings concerning any of such matters avoided.

2. (1) proceedings of the Court including the announcement of its decision shall be held in public except as may be otherwise

(a) ordered by the Court in the interest of public morality, safety or public order or

(3) Where the Court orders that proceedings are not be in public the court shall state the reason in the Record Book and the proceedings shall be conducted by the magistrate in the presence of only the parties, their lawyers and officers of the Court. and any other person who in opinion of the court needs to be allowed to attend.

3. (1) A public officer may any represent any of the following parties, in proceedings

(d) a person employed by the Government or a public authority whose costs are being defrayed by the Government or that authority.

(2) Where in any proceedings the Court is satisfied that a party who is not represented by a lawyer can not attend the Court in person the Court may permit the party to be represented by

if the representative satisfies the Court that the representative has the authority of the absent party

4. A person who without authority acts or takes any proceedings in the Court in the name of or on behalf of another person

(a) shall indemnify that other person in whose name the action was unlawfully commenced for damages suffered by that person,:

(2) the Court shall dismiss an action that that is initiated without the authority of the person on whose behalf the action is initiated.

5. The forms set out in the Schedules to these rules shall be used with modifications that are necceeary

commences civil proceedings shall be described as the plaintiff and the opposing party shall be described as the defendant.

2. (1) The forms in the Schedules or other similar forms may be used in matters, causes, and proceedings to which they are applicable, with the variations that the circumstances require.

(2) In proceedings for which forms are not provided in the Schedule or prescribed by any law, Rules or orders of Court, the Registrar may, subject to the approval of the Court, frame the forms required, using those which have been provided as guides.

(2) A writ of summons shall not be sealed unless at the time the writ is filed for sealing the person filing the writ leaves with the Registrar a copy or as many copies as there are defendants and the writ is signed

(3) The officer who receives the copy shall file the copy and make an entry in the Cause Book.

(4) Every writ of summons shall be dated on the day on which the writ is issued.

(5) Except as otherwise provided in these Rules, every suit shall be commenced by a writ of summons issued by the Registrar on oral or written application and filled out and signed or marked by the plaintiff.

(6) The writ of summons shall be as set out in Form 1 of the First Schedule.

(7) A writ of summons shall contain the name and place of abode of the plaintiff and of the defendant and to the extent that they can be ascertained, state briefly and clearly

(8) A writ of summons, and any other writ, shall bear the date of the day on which the writ is issued.

(11) Subject to subrule (11), a writ which is not served within the period specified in subrule (9) lapses.

(12) Where a writ is not served on a defendant within the time limited for service by this rule, the Court, on an application for extension made to the Court before the day the writ 'expires, may by order extend the validity of the writ for a specifIed period of not more than twelve months at a time, beginning with the day that follows the date on which the writ would otherwise expire.

(13) Whenever a writ of summons is issued on the application of a person, the Registrar shall immediately give or cause to be given to that person, or the agent of that person a hearing notice as set out in Form 2 or 2A of the First Schedule.

1.(1) It is sufficient for a plaintiff to state the plaintiff's claim in the writ of summons briefly and in a general form, but the plaintiff may deliver to the Registrar, at the time of making the application for the writ of summons, particulars of the plaintiff's demand in a form which gives the defendant reasonably sufficient information on the details of the plaintiff's claim.

(2) Where the plaintiff decides to deliver the particulars to the Registrar, the particulars shall be accompanied with as many duplicates of the particulars as there are defendants.

(3) A writ of summons shall not be issued until the plaintiff delivers to the Registrar as many duplicates of the particulars as there are defendants.

(4) Where the plaintiff is illiterate and unable to furnish the required particulars in writing, it is sufficient for the plaintiff or the plaintiff's agent to narrate the plaintiff's case to any literate person for the narrative to be reduced into writing.

(5) A literate person who reduces a narrative into writing under subrule (4) shall use the written narrative to produce the particulars in the manner specified in Form 1 of the First Schedule.

(6) The particulars so produced shall be signed or marked by the plaintiff or the plaintiff's agent, sealed by the registrar and filed at the registry.

(7) The particulars of claim shall be attached to the writ of summons and a duplicate of the particulars of claim shall also be attached to each copy of the summons for service.

2. (1) Judgment shall not be given for a sum which is higher than the sum claimed in the writ or particulars of claim.

(2) Where it appears to the Court at the hearing of any action that the sum claimed in the particulars is less than the sum claimed on the writ, the Court may in the interest of justice amend the particulars to enable the plaintiff prove the claim as stated in the writ.

1. (l) A writ or document intended for service shall be served on a party within the time and in the manner specified by these Rules or directed by the Court.

(2) Subject to sub-rule 7 where service of a notice, summons, order, or other document is required, the service may be made by a bailiff or other officer of the Court at a reasonable time on any day.

(3) In furtherance of subrule (2), a person authorised by the Court shall be deemed to be an officer of the Court.

(4) A bailiff who serves a document shall, at the request of the party served, explain to the party the contents of the document.

(5) Unless the Court considers it just and expedient to direct otherwise, service shall be personal with the document to be served being delivered to the person to be served.

(6) Service of a document is completely effected if a duplicate or an attested copy of the document is delivered without the exhibition of the original.

(7) Service may be made out of a particular jurisdiction without permission from the Court.

(8) Service shall not be made on weekends and public holidays unless otherwise directed by the Court.

2. (1) Where a partner of a firm is sued in the name of the firm, the writ or other document intended for service shall be sufficently served

(b) on any person at the principal place of business of the firm within the jurisdiction, who has at the time of the service the control or management of the business.

(2) Where provision is not made by any other enactment for the service of a document on a body corporate, service is effected by serving the document on the chairperson, president, or other head of the body, or on the managing director, secretary, treasurer or other similar officer ·of that corporate body.

(3) Service of a document on a stool or skin is effected by serving the document on

(a) the occupant of that stool or skin or on the secretary, clerk or linguist of that stool or skin, or

(b) the regent or caretaker of that stool or skin if the stool or skin is vacant .

(b) any member of the family who is, or is acting as the caretaker of any property of that family or

(5) Service of a document on a person who is in prison or detention is effected by serving the document

(a) through the person who is or appears to be in charge of the prison or place of detention, or

(b) where access cannot be readily had to the person in charge, through any warder, guard or similar officer of that prison or place of detention.

is effected by serving the writ, process, or other document on the administrative head of the Ministry or the Department.

3. (1) In a cause or matter where a document is required to be served personally on a person with disability, the document is duly served, if served on

(a) the father, mother or guardian of the person with disability, or (b) the person with whom the person with disability resides or under whose care the person with disability is.

(2) DespIte subrule (1) the Court may determine that a document to be served on a person wIth disability is duly served if served on that person.

(3) Where the person to be served is employed by the Republic, the Court, may transmit a duplicate of the document to be served to the head of the department in which that person is employed, and the head shall cause the document to be served on that person.

4. (1) There shall be in every Court, a Process Book in which details of service and non-service shall be entered.

(2) An affidaVIt of service as set out in Form 3 in the First Schedule, which is duly deposed to by the person who effects the service is on production, prima facie evidence of service.

5. Where it appears to the Court either after or without an attempt at personal service that for any reason personal service cannot be conveniently effected, the Court may order that service be effected

(a) by delivery of the document to an adult resident at the usual or last known place of abode or business of the person to be served, or

(b) by delivery of the document to a person who is an agent of the person to be served, or to some other person, if it is proved that there is reasonable probability that the document will, through that agent or other person, come to the knowledge of the person to be served, or

6. (1) Where the bailiff or other officer of the Court charged with the service of a writ or other document, on any person is unable to effect service because

(b) the bailiff or other officer of the Court is prevented by the violence or threats of that person, or any other person in concert with him, from personally serving the writ or document,

it is sufficient to inform the person to be served of the nature of the writ or document, and to leave the writ or document as near to that person as practicable.

(2) Where service of a writ or document is effected by a bailiff or other officer of a Court, a certificate of service as set out in Form 4 in the First Schedule signed by that bailiff or other officer shall on production without proof of signature be prima facie evidence of service.

1. This rule is subject to section 104 of the Courts Act, 1993 (Act 459) which empowers the Chief Justice to transfer a suit from one Court to another.

(1) A cause or matter that relates to immovable property or an interest in immovable property shall be commenced in the magisterial district in which the immovable property or part of it is situated.

(2) A cause or matter that relates to movable property destrained or seized for a cause shall be commenced in the magisterial district in which the distraint or seizure takes place.

(3) A cause or matter to recover penalty or forfeiture against a public officer shall be commenced in the magisterial district where the cause of action arises.

(4) A cause or matter for specific performance of a contract or in respect of breach of contract, shall be commenced in the magisterial district in which the contract ought to have been performed or in which the defendant resides or carries on business.

(5) Any other cause or matter shall be commenced in the magistrate' district in which the defendant resides or carries on business.

(6) Where there are two or more defendants resident in different magisterial districts the cause or matter may be commenced in any of the magisterial districts.

2. (1) Where a cause or matter is commenced in a magisterial district other than that in which it ought to have been commenced under rule 1, it may continue in the magisterial district in which it is commenced unless

(a) the defendant raises an objection to the jurisdiction before or at the time the .plaintiff's case is commenced, or

(b) the Court reports to a Supervising Judge of the High Court that in its opinion the proceedings ought to be transferred and the Supervising Judge of the High Court orders the transfer.

(2) Proceedings taken before an objection is raised to the jurisdiction as regards venue shall not be affected by the objection, but if the Court is satisfied that the objection is well founded, the Court shall inform the Supervising Judge of the High Court for the cause or matter to be transferred to the magisterial district which has jurisdiction and the Supervising Judge of the High Court may make the order as that Judge considers appropriate.

(3) Where two actions on the same subject matter with substantially the same parties are pending simultaneously in two different District Courts, the Magistrate of the Court where the action was first filed shall in writing inform the Supervising High Court Judge for the District of the pendency of the matter in the different District Courts.

(4) The Supervising High Court Judge shall decide the forum for trial and notify the registrars of the two district Courts with instructions for them to notify the parties concerned.

(6) Despite subrules (2) and (3), in an action for maintenance, child custody, paternity or other matrimonial cause or adoption commenced in the Court contrary to subrule (1), the magistrate before whom an objection is taken may for good reasons stated, and with regard to all the circumstances, assume jurisdiction over the case.

1. (1) A period of time fixed by these Rules or by a judgement, order or direction of the Court for doing an act shall be reckoned in accordance with this rule.

(a) within a specified period after or from a specified date, the period begins to fun irnll1L'ctii1tcly after that date.

(b) within a specified period before a specified date, the period ends immediately before that date,

(c) within a period not later than a specified date, the period ends immediately before the end of the specified date, or (d) on a specified number of clear days before or after a specified date, at least that number of specified days shall intervene between the day on which the act is done and that date.

(3) Where, apart from this rule, the period within which or not later than which an act is required to be done is a period of seven days or less and would include a Saturday, Sunday or a public holiday, that Saturday, Sunday or public holiday shall be excluded.

2. Where the time prescribed by these Rules or by any judgement, order or direction, for doing an act at an office of the Court expires on a day on which that office is closed, and for that reason that act cannot be done on that day, the act shall be considered to have been done in time if done on the next day on which that office opens.

3. (1) The Court may, on terms that it considers just, by order extend or reduce the period within which a person is required or authorised by these Rules, or by a judgment, order or direction of the Court, to do an act in any cause or matter.

(2) The Court may extend the period required for any act by these rules although the application for extension is not made until after the expiration of the period.

(3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend a pleading or other document may be extended by consent given in writing, without an order of the Court for that purpose.

4. Without limiting the effect of section 23 of the Interpretation Act, 1960 (C.A.4), in the application of these Rules, the word "month", where it occurs in any judgment, order, direction or other document that forms a part of a cause or matter in the Court, means a calendar month unless the context otherwise requires.

in the suit or matter is at the discretion of the Court and the Court may after hearing the parties, award costs it considers just.

(2) In the absence of any express direction by the Court, costs shall be awarded at the end of the suit or proceeding.

(3) The Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the whole suit, but the Court may order the successful party despite the success in the suit, to bear the costs of a particular proceeding in the suit.

2. (1) The Court may where it considers fit, either on its own motion or on the application of a defendant, require a plaintiff in an action, whether at the commencement or at any time during the action, to give

(a) security for costs to the satisfaction of the Court by deposit or otherwise, or

(2) The Court may require a defendant to give security, or further or better security, for the costs of a particular proceeding undertaken in the defendant's interest.

3. Where the Court orders costs to be paid, or security to be given for costs by any party, the Court, if it considers it fit, may order proceedings

to be stayed until the costs are paid or security is given accordingly, but the order shall be without prejudice to another lawful method of enforcing payment.

4. The Court may order costs to be paid out of any fund or property to which a suit or matter relate

1. Despite order 2 rule 4 of these rules, a plaintiff who wishes to place that plaintiff's suit on the undefended list, shall attach to the Writ of Summons an affidavit in support of the claim and all the documents which the plaintiff intends to rely on in support of the claim.

(a) be as set out in Form 5 of the First Schedule or as appropriate; (b) set out the grounds on which the claim is based, and

(3) The Court shall if satisfied that there are good grounds for the relief and that there is no defence to the claim,

(iii) enter on the writ of summons a date for hearing suitable to the circumstances of the particular case.

2. The plaintiff shall deliver to the Registrar on the issue of the writ of summons under rule 1 as many copies of the affidavit and the supporting documents as there are parties against whom relief is sought, and the Registrar shall annex one copy of the affidavit and the supporting documents to each copy of the writ of summons for service.

3. (1) A party served with a writ of summons and affidavit together with the supporting documents who wishes to defend the action shall not less than five days before the date fixed for the hearing, file an affidavit together with documents which support that party's defence, setting out the grounds of defence .

(2) The affidavit shall state whether the defence alleged goes to the whole or part only of the plaintiff's claim and if it is to a part of the claim, which part.

(3) If the Court is satisfied at the hearing by the affidavit and the supporting documents or by the defendant's oral evidence on oath that the defendant has

the Court shall permit the defence of the suit on terms that it considers just. (4) Where the defendant is permitted to defend the action, the Court shall enter the suit in the general list for hearing.

4. (1) Where it appears that the defence put up by the defendant applies only to a part of the plaintiff's claim, or that a part of the claim is admitted, the Court shall give judgment for the part of the claim that the defence does not apply to or which is admitted.

(2) Where it appears that the defence put up by the defendant does not amount in law to a defence to the plaintiff's claim the Court shall give judgment for the plaintiff without proceeding to a hearing or trial.

(3) Judgment under subrule (1)may be subject to terms that the Court considers appropriate including;

(b) payment of the amount levied or any part of that amount into Court by the Sheriff, or

and the defendant shall be allowed to defend the residue of the plaintiff's claim.

(a) a defendant has a good defence to or ought to be permitted to defend the action, and

(b) another defendant does not have a defence and does not have to be permitted to defend the action, the Court may permit the defendant with a good defence to defend and the plaintiff is entitled to enter

(d) into execution on the judgment without prejudice to the plaintiff's right to proceed with the action against the defendant who has a good defence.

6. Where a defendant fails to deliver the affidavit under rule 3 but subsequently fIles an affidavit which

(b) satisfactorily explains why the affidavit was not delivered, the Court may at any time before judgment is entered permit the defendant to defend the action on terms that the Court considers just.

7. Where a defendant fails to deliver the affidavit under rule 3, and the defendant is not permitted to defend in accordance with the provisions of rule 6, the Court shall deal with the suit as an undefended suit, and give judgment without calling on the plaintiff to summon witnesses to prove the plaintiff's case formally.

8. This Order does not preclude the Court from hearing or requiring oral evidence, if the Court thinks it fIt to do so at any stage of the proceedings.

1. (1) If a plaintiff sues, or a defendant is sued in a representative capacity, this fact shall be stated on the writ.

(2) The Court may order any of the persons represented to be made a party either instead of or in addition to the previously existing parties.

2. Where a number of persons have a joint ground for instituting a suit, all those persons shall be made parties to the suit unless another enactment provides or the Court determines otherwise.

3. Where a number of persons have the same interest in one suit, one or more of those persons may be authorised to sue or to defend the suit for the benefit and on behalf of all parties interested

4. (1) Where a person has a joint and several demand against a number of persons either as principals or sureties, that person may proceed against anyone or more of that number of persons severally, or jointly or jointly and severally.

(2) Where a defendant claims contribution, indemnity, or other remedy or relief against another person, the defendant may apply for that person to be made a party to the suit.

5. (1) Where it appears to the Court before or at the hearing of a suit that all the persons who

(a) are entitled to some share or interest in the subject matter (b) claim some share or interest in the subject-matter of the suit or

have not been made parties, the Court may adjourn the hearing of the suit to a future date to be fIxed by the Court, and direct that those persons be made either plaintiffs or defendants in the suit, as the case may be.

(2) Where the Court adjourns the hearing of a suit under subrule (1), the Court shall issue a notice to the persons who are to be joined and the notice shall be served in

and on proof of due service of the notice the person served shall be bound by all proceedings in the cause.

(3) Where before or at the hearing of a suit, a person who is not a party to the suit realises that the suit affects or is likely to affect that person's interest, that person may apply to the Court to be joined either as a plaintiff or a defendant as appropriate.

6. The Court may at any stage of the proceedings, and on terms that appear to the Court to be just, order that the name of a party who has been improperly joined whether as a plaintiff or as a defendant be struck off.

, against the same parties, and in the same rights, the Court may, either before or at the hearing, order the trials to be held separately and make an order for adjournment and costs as justice requires, if it appears inexpedient to try the different causes together.

8. A defendant who alleges that the plaintiff has joined two or more distinct causes of action which cannot be conveniently disposed of together in the same action may at any time apply to the Court for an order which confines the action to the causes of action that can be conveniently disposed of together.

9. Where on the hearing of the application in rule 8 it appears to the Court that the causes of action in the suit cannot all be conveniently disposed of together, the Court may order any of the causes of action in the suit to be excluded, and consequential amendment to be made.

10. Where a writ states two or more distinct causes of action, (a) but not by and against the same parties, or

(b) by and against the same parties but not in the same rights, the writ may be amended or struck out, on the application of a defendant, but the party who instituted the suit may apply to the Court to have the case if struck out, to be restored.

11. (1) Causes of action on the same subject matter but involving different parties pending in the same Court may by order of the Court be consolidated, and the Court that makes the order shall give any directions that are necessary for the conduct of the consolidated actions.

(2) Causes of action on the same subject matter but involving different parties pending in various Courts may on application of any of the parties to any of the Courts, be referred to the Supervising High Court Judge of the magisterial district for an order of consolidation of the various causes of action and for directions as to the conduct of the consolidated actions.

Court to appoint guardians to infant or mentally challenged defendants 12. Where a defendant defaults in answering or defending a suit after service of the writ, and it appears to the Court that the defendant is an infant or a mentally challenged person, the Court,

if it considers it appropriate, may by an order appoint a fit person to be guardian of the defendant for the purposes of the suit, and to defend the suit.

13. Before the Court makes the order under rule 12 it shall cause a notice that it considers reasonable to be served on the person with whom, or under whose care the defendant is but in the case of an infant who

the Court, unless there is good reason to do otherwise, shall cause the notice to be served on the guardian.

14. An infant or a mentally challenged person may sue as plaintiff by that infant's or mentally challenged person's guardian ad litem or next friend, subject to terms that relate to the liabilities for costs of the guardian or next friend as the Court considers just.

15. (1) Where a cause of action survives after the death or bankruptcy of a party to the action, the action shall not abate by reason only of the death or bankruptcy.

(2) Where at any stage of the proceedings the interest or liability of a party is assigned or transmitted to or devolves on another person, the Court may, for the effective and complete determination of the matters in dispute, order that other person to be substituted for the party whose interest has been assigned or transmitted or has devolved.

(4) A person who is served with an order made ex parte under this rule, may within fourteen days after the service apply to the court to discharge or vary the order.

(5) Where an order is made under this rule for a person to be made a party and that person is already a party on the other side of the record, the order shall be treated as containing a direction that the person shall cease to be a party on that other side.

(6) When an order is made under this rule for a person to be made a party and that person is already on the same side but in a different capacity, the order may contain a direction that requires that person to cease to be a party in that previous capacity.

(7) An order under this rule shall be noted in the Cause Book by the Registrar and after it is noted, the Registrar shall serve the order

(a) on every other party to the proceedings or on any person who becomes or ceases to be a party by virtue of the order; and

(8) A person ordered under this rule to become a party shall not become a party until the order is served on that person and where that person becomes a party, all things done in the course of the proceedings before that person becomes a party shall continue to be valid.

(9) A person ordered to become a party shall be served with all previous processes at the cost of the person who obtains the order.

16. (1) Where the cause of action survive, after the death of a plaintiff and an order for substitution is not made under rule 15 (2), the defendant may apply to the Court for an order which requires the action to be proceeded with within the time specified in the order or otherwise be struck out.

(2) The Court shall not make an order under subrule (1) unless it is satisfied that due notice of the application has been given to the personal representative, the customary successor or head of family of the deceased plaintiff and to any other interested person who, in the opinion of the Court, should be notified.

(3) The costs of the application under subrule (1) shall be borne by the estate of the deceased plaintiff.

Where a plaintiff, on whose behalf or by whom a suit is instituted or carried on, either alone or jointly with another person, is out of the jurisdiction, or is only temporarily in the jurisdiction, the plaintiff shall assign a fit place within the jurisdiction where notices or other papers issuing from the Court may be served on the plaintiff.

1. Where in a cause or matter pending before the Court, the Court is satisfied that the plaintiff or defendant is prevented by a good or reasonable cause from attending the Court in person, the Court may permit another person who satisfies the Court of having the authority of the plaintiff or defendant to appear for the plaintiff or defendant.

2. Where by the Rules of Court any act may be done by any party in a suit, that act may be done either by the party in person, or by that party's solicitor or agent.

1. (1) Where a plaintiff institutes an action in which the value of the claim is more than four thousand five hundred Ghana Cedis , the plaintiff, at any time before final judgment, may make an application ex parte supported by an affidavit as set out in Form 6 of the First Schedule to the Court, for an order that requires the defendant to give security to satisfy any judgment or order that may be given against the defendant in the action, if

(a) the defendant has disposed of or removed all or a substantial part of the property of the defendant from the country or is about to do so;

(b) the execution of the judgment in the action against the defendant is likely to be obstructed or delayed as a result,

it may issue a warrant as in Form 7 of the First Schedule, to bring the defendant before the Court to show why the defendant should not give good and sufficient security to satisfy any judgment or order that may be given against the defendant.

(3) The deposition in the supporting affidavit of a plaintiff who makes an application under subrule (1) is not sufficient proof of the claim in the application.

(4) The Magistrate to whom the application is made shall investigate the claim in the application and shall only make the order after sufficient proof of the claim.

(a) the claim made in rule 1 is proved to the satisfaction of the Magistrate, and

the Court shall order the defendant to give bail for the satisfaction of any judgment that may be given against the defendant in the action.

(2) For the purpose of subrule (1) the surety shall undertake to pay any money that is adjudged to be paid by the defendant in the action, if the defendant defaults in the payment and Form 8 or 8 (A) as set out in the First Schedule may be used.

3. A deposit of money or other valuable property by the defendant which is sufficient to satisfy the claim and costs of the action may be accepted by the Court instead of security.

4. (1) Where the defendant fails to provide sufficient security, the defendant may be committed to custody for a maximum period of twentyone days within which the Court shall dispose of the matter.

5. (1) The expenses incurred for keeping the defendant in custody shall be the sum determined by the Court, and shall be paid by the plaintiff in advance to the prison authority.

(2) Any amount spent under subrule (1) may be recovered by the plaintiff in the action unless the court otherwise orders.

(a) the release of the defendant from custody if the plaintiff fails to pay the subsistence expenses, or

(b) in the case of serious illness, the removal of the defendant to a hospital.

(4) The warrant for discharge shall be as set out in Form 9 of the . First Schedule.

l. (1) The Court may, by an interlocutory order grant an injunction either unconditionally or upon terms and conditions that the Court considers just.

(2) A party to a cause or matter may apply for the grant of an injunction before, at or after the trial of the cause or matter, whether or not a claim for injunction is included in the party's writ, counterclaim or other claim.

(3) The applicant for an injunction shall attach to the motion paper a supporting affidavit which sets out fully the facts in support of the application.

(4) A respondent who desires to oppose the application shall within seven days of being served with the application file an affidavit in opposition containing all the facts the respondent seeks to rely on.

(5) In case of urgency a party may make the application ex parte, supported by an affidavit.

(6) An application made ex parte under subrule (5) may be granted if the applicant gives sufficient reason for making the application ex parte and specifies some irreparable damage or mischief which will be caused to the applicant if the applicant proceeds by giving notice to the respondent.

(7) An order made as a result of an application made ex parte under subrule (5), shall not remain in force for more than ten days.

(8) If an application on notice is not made to extend the order, the order shall lapse ten days after it has been made.

(9) The Court may, on application by a party affected by an order made under subrule (1) or (6), set aside the order on terms that the Court considers fit.

(10) A party shall not make an application under this rule before the issue of the writ or the filing of a counterclaim or other claim under these Rules.

2. (1) The Court on the application of party to a cause or matter may (a) make an order for the detention, custody or preservation of property which is the subject-matter of a cause or matter or in respect of which a question may arise in the action, or (b) order the inspection of any property in the possession of a party.

(2) In furtherance of sub rule (1) the Court may by the order authorise a person to enter land or building in the possession of a party to the cause or matter.

(3) Where the right of a party to a specific fund is disputed, the Court on the application of a party to the cause or matter may order the fund to be paid into Court or otherwise secured.

(4) An order under this rule may be made on terms that the Court considers just.

3. (1) Where the Court considers it necessary or expedient for the purpose of obtaining full information or evidence in any cause or matter, the Court, by an order made on terms that it considers just, may authorise or require

(a) a sample to be taken of the property which is the subject - matter of the cause or matter or on which a question may arise; or

(b) an observation to be made or an experiment to be conducted on the property.

(2) In furtherance of subrule (1), the Court may by the order authorise a person to enter any land or building in the possession of a party to the cause or matter.

4. The Court on the application of a party to a cause or matter may make an order for the sale of any perishable property

is made before the trial of the cause or matter and the Court thinks that the matter in dispute can be better dealt with by an early trial rather than by considering the whole merits of the application, the Court may make an ?rder for an early trial and may also make an order with respect to the period before trial as the justice of the case requires.

(2) Where the Court grants an application for injunction or the appointment of a receiver or an order under rule 1,2,3, or 4, the order for injunction, the appointment of a receiver or the order under those rules shall lapse at the end of six months from the date it is made unless the contrary is stated in the order.

(3) An order that lapses under sub rule (2) shall not be renewed unless the applicant provides substantial security to indemnify the party against

Court shall before making an order require the applicant to give an undertaking to cover any loss or damage that the other party may suffer if it turns out in the end that the applicant is not entitled to the order.

(a) at the end of the proceedings in which the undertaking is given, assess the damage, if any, which the person who opposes the application has suffered and which the applicant is liable to pay for, and

(a) that person, referred to as the applicant, is under liability for a debt, money or goods for which the applicant is or expects to be sued by two or more parties, referred to as the claimants, who claim adverse titles to the debt, money or goods, or

(b) that person is a Registrar or other officer of the Court charged with the execution of process by or under the authority of the Court, and a claim is made to

(ii) the proceeds or value of the property by a claimant other than the person against whom the process is issued.

2. (1) An application for relief under this Order shall be made by motion on notice to the claimants.

(2) On the hearing of the application, the Court may order the claimants to appear and state the nature and particulars of their claims . and either maintain or relinquish them.

3. Where the applicant is a defendant the application for relief may be made at any time after the service of the writ of summons or other process originating the action and the Court shall stay further proceedings until the application has been dealt with.

4. The applicant shall satisfy the Court by affidavit or otherwise that the applicant

(a) claims no interest in the subject matter in dispute, other than for charges or costs,

(c) is willing to pay or transfer the subject matter into Court or to dispose of it as the Court directs.

6. (1) Not later than seven days after the Court makes an order under rule 2(2) or after service of the order on the claimants, if the Court so directs, a claimant who intends to maintain a claim shall file in the registry particulars of the claim, and notice of the particulars of the claim shall be given to every other claimant and to the applicant.

(2) A claimant who fails to file the particulars of the claim may not be heard by the Court and shall be considered to have abandoned the claim unless the Court directs otherwise and grants the claimant extension of time within which to file the particulars.

7. If more than one claimant appears as a result of an order made under rule 2(2), the Court may either order

(a) one of the claimants to be made a defendant in an action already commenced in respect of the subject matter in dispute, instead of or in addition to the defendant, or

(b) that an issue between the claimants be stated and tried and in this case may direct which of the claimants is to be plaintiff and which defendant.

8. The Court may summarily determine the questions in issue between the claimants and make an order on terms that it considers just where

(b) the question in issue between the parties is a question of law and the facts are not in dispute.

9. Where an application for relief under this Order is made by Registrar who has taken possession of goods or chattels for the purpose of sale ill execution of any process, and a person claims to be entitled t the goods or chattels or any part of the goods or chattels under a bill sale or otherwise, the Court may direct that the proceeds of sale applied in a manner and on terms that the Court considers just.

10. (1) The Court may make an order to declare a claimant and any person who claims under the claimant forever barred against the applicant and persons claiming under the applicant if the claimant is ordered by the Court to appear and maintain or relinquish the claim and the claimant,

(b) appears but neglects or refuses to comply with an order made after the appearance.

11. (1) Subject to this order, the Court may in interpleader proceedings, give judgment or make an order that it considers necessary to dIspose finally of all questions that arise from the proceedings and may make an order in respect of costs or any other matter that it considers .lust.

(2) An order under submle (1) does not affect the rights of the claimants between themselves.

1. A plaintiff may obtain any equitable relief which the facts stated and proved in the suit entitles that plaintiff even if that relief has not been specifically asked for.

2. (1) A defendant in an action may set-off, or set up by way of counterclaim against claims of the plaintiff, any right or claim the defendant has in relation to the plaintiff.

(2) A set-off or counterclaim under subrule (1) has the same effect as a statement of claim in a cross action and the Court may pronounce final judgment in the same action, both on the original and on the cross claim.

(3) Where a set-off or counterclaim cannot be conveniently dIsposed of in the same action the Court shall make an order for a separate trial for the set-off or counterclaim.

3. (1) A defendant may set-up a counterclaim or set-off only if that defendant has

(a) lodged with the Registrar a notice in the original, and as many duplicates of the notice as there are plaintiffs, containing the name and address of the defendant and a concise statement of the grounds of the counterclaim or set-off, and

(b) paid the Court and service fees payable if the claim were by writ of summons

but the Court may on terms that it considers just, allow the defendant to set up a counterclaim or set-off even if the notice has not been duly lodged.

(2) On receipt of the notice of counterclaim or set-off, and on due payment of the fees, the Registrar shall cause a duplicate of the notice to be served on the plaintiff.

(3) The provisions of Order 3 as to particulars of claim apply, as far as they are appropriate to counterclaim and set-off.

4. In an action where a set-off or counterclaim is established, as a defence against the plaintiff's claim, the Court may

(a) if the balance is in favour of the defendant, give judgment for the defendant for the balance, or

(b) otherwise award to the defendant the relief that the defendant is entitled to on the merits of the case.

5. The Court, if it sees fit, may order a defence of partial set-off to be accompanied by payment into Court of the amount, which on the defendant's showing, the plaintiff is entitled to, unless the plaintiff's claim to that amount is resisted on some other ground of defence.

1. The defendant may apply to the Court by motion to dismiss the suit without requiring the defendant to answer questions of fact, where the defendant has a good legal or equitable defence to the suit, so that even if the allegations of the plaintiff were admitted or established, the plaintiff would not be entitled to any decree against the defendant.

2. For the purposes of the application under rule 1 the defendant shall be taken as having admitted the truth of the plaintiff's allegations of fact, and evidence in respect of matters of fact, and discussion of a question of fact, shall not be allowed.

(a) either dismiss the suit or order the defendant to answer the plaintiff's allegations of fact, and

1. (l) In a suit for debt or damages, the defendant on notice in writing to the plaintiff may pay into Court at any time after service of the writ of summons, a sum of money

(b) where several causes of action are joined in the same action, in satisfaction of one or more of the causes of action.

(2) Where money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which the payment is made and the sum paid in respect of each cause of action unless the Court orders otherwise.

(3) The notice shall be as set-out in Form 10 or 10(A) of the First Schedule and shall

(4) Where in a suit for debt or damages, the defendant tenders to any or all of the plaintiffs in the suit, personally, the sum of money claimed in debt or damages and the plaintiff or plaintiffs refuse to accept the sum of money tendered, the defendant ma y put up the defence of tender before trial, by paying the sum of money tendered into Court.

2. Except in an action f-r) which a defence of tender before trial is pleaded, a statement of the fact that money has been paid into Court under the last preceding rule shall not be inserted in the pleading and communication of that fact shall not be made to the Court at the trial of a suit until questions of liability and amount of debt or damages have been decided.

3. Where the defendant pays money into Court, the plaintiff may (a) accept the money paid in full satisfaction and discharge of the cause of action in respect of which it is paid, and

(b) apply by motion for payment of the money out of the Court to the plaintiff.

4. On hearing the motion referred to in rule 3(b), the Court shall make an order for

and the plaintiff in an action for libel or slander may make a statement in open Court in terms approved by the Court.

5. The failure of a plaintiff to accept the payment of money under rule 4 shall be construed by the Court to be a claim for indebtedness which is greater than the sum paid into Court and in that case the Court in determining the suit and disposing of costs shall have regard to the fact of the payment into Court and the non-acceptance of the payment.

6. Where in proceedings before the Court for the administration of the estate of a deceased person, or of a trust estate, a person desires to pay money into Court or deposit anything in Court, that person may do provided the notice of payment into Court or deposit is provided to all persons affected by the proceedings.

1. (1) An action shall ordinarily be heard and determined in a summary manner without written statements, but where it appears to the Court (for reasons recorded in the minutes) that the nature and circumstances of a case make it expedient in the interest of justice to have written statements, the Court may order

(2) The order to file a written statement may be made at any stage of an action, either before or during the hearing.

(a) have regard to the background of the parties, and (b) not require a party who is incapable of preparing or understanding a written statement, to file a written statement.

(2) Despite subrule (1) where the Court considers it necessary in the interest of justice that the statement of a party should be reduced into writing before the hearing, the Court may direct that the statement

(a) be takendown in writing by the Registrar, other officer of the Court or any other literate person, and

(b) after it has been read and interpreted to the party by the person who took it and the party appears satisfied with it, and the Court has verified this by oral examination of the party, be filed as a written statement.

3. A written statement shall contain all the material facts which the party presenting the written statement relies on, but not the evidence by which those facts are to be proved, and the statement shall be divided into paragraphs numbered consecutively with each paragraph containing, as nearly as may be, a separate allegation.

4. Facts in a written statement shall be alleged directly, precisely, distinctly, and as briefly as is consistent with clarity.

5. Before making an application to the Court for an order for further and better particulars, a party may apply for the further and better particulars by a letter.

6. A statement of claim shall state specifically the relief claimed by the plaintiff either simply or in the alternative, and may also ask for general relief and the same applies to a counterclaim made or a relief claimed by the defendant in the statement of defence.

7. Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct facts those facts shall be stated, as far as possible, separately and distinctly and this rule applies where the defendant relies on several distinct grounds of set-off or counterclaim founded on separate and distinct facts.

8. (1) A defendant shall in the written statement of defence deny all the material allegations in the statement of the plaintiff that the defendant intends to deny at the hearing. -

10. It is not sufficient to deny generally the facts alleged by the statement of claim, the defendant shall in the statement of defence deal specifically with every alleged fact either by

(a) admitting or denying one after the other, the truth of each allegation of fact that is within the knowledge of the defendant, or

(b) stating that the defendant does not know whether the allegation is true or otherwise.

11. (1) Where a party denies an allegation of fact, that party shall not do so evasively but answer to the point of substance.

(2) Where a matter of fact is alleged with diverse circumstances, it is not sufficient to deny it as alleged along with those circumstances, but a fair and substantial answer as regards the circumstances shall also be given.

12. The defendant shall allege any fact which the defendant relies on in defence but which is not stated in the statement of claim and which for instance

13. Where a defendant seeks to rely on any fact, which supports a right of set-off or counterclaim, the defendant shall in the statement of defence, state specifically that the defendant does so by way of set-off or counterclaim, and give the particulars of the set-off or counterclaim.

Evidence in denial of allegation or in support of defence not set up in pleading

14. (1) The fIling of a statement of defence by a defendant does not prevent the defendant from

(a) disproving at the hearing any allegation of the plaintiff not admitted by the statement of defence, or

(b) giving evidence in support of a defence not expressly set up by the statement of the defence.

.the Court may prevent the defendant from presenting that defence at the hearing or make an order that the justice of the case may require.

15. Where the Court is of the opinion that any allegations of fact, denied or not admitted in a pleading, ought to have been admitted, the Court may make an order as to costs that considers just.

16. A written statement from the plaintiff or defendant shall, if the Court thinks fit, be

(b) served on the opposite party at the time and in the manner directed by the Court

1. (1) The Court in order to determine the real question in controversy between the parties in a suit may at any stage of the proceedings, either of its own motion or on the application of either party, order

(a) a pleading to be amended, whether or not the defect or error that is the cause of the amendment is that of the party applying to amend, and

(b) any amendment that is necessary or proper for the purpose of eliminating a statement which may tend to prejudice, embarrass, or delay the fair trial of the action.

(2) The order for amendment shall be made on terms as to costs or otherwise as the Court considers just.

(3) A difference between the contents of the particulars of claim or defence and the allegation proved at the hearing, may be amended at the hearing either at once or on terms as to notice, adjournment, or costs as justice in the case requires.

1. (1) For the purpose of this Order a receiver shall only receive rent, income or other benefits from the property, which is the subject matter of the suit and shall not manage that property unless the Court further appoints the receiver to be a manager.

(2) The Court may appoint a receiver by an interlocutory order in a case in which it appears to the Court to be just or convenient to do so and the order may be made either unconditionally or on terms and conditions that the Court thinks just.

(3) A party to a cause or matter may apply to the Court for the appointment of a receiver or manager whether or not a claim for appointment of a receiver or manager was included in the particulars of claim or in the writ or counterclaim.

(4) Payment of income or receipts in respect of receivership shall be made into a deposit account which shall be opened specifically for the receivership.

2. An application for an order for the appointment of a receiver or manager may be combined with an application for an injunction to restrain any dealings with the property which is the subject matter of the suit, until the case is disposed of.

3. (1) A person appointed as a receiver or manager shall provide security for the due performance of the duties of that office.

(2) The security may be a bank guarantee or a deposit of title deed to an immovable property which is worth not less than the value of the property in dispute, unless the Court directs otherwise.

4. (1) A person appointed receiver shall be paid a reasonable monthly remuneration fixed by the Court, but which in any event does not exceed the salary of the Registrar of the Court.

(2) A person appointed a manager shall be paid a reasonable monthly remuneration fixed by the Court, but which in any event does not exceed the monthly salary of the manager of a comparable organisation.

(3) Where the person appointed a receiver or a manager is the Registrar or some other court official the remuneration payable to the receiver or manager shall be paid into the Consolidated Fund.

5. (1) A receiver shall submit accounts to the Court at the intervals or on the dates directed by the Court, for the accounts to be audited.

(2) The receiver and the beneficiaries of the property for which the receiver has been appointed may meet before the Registrar at pre-arranged times for the receiver to explain the accounts to those beneficiaries.

6. (1) A receiver or a manager shall keep proper books of account in accordance with the nature of the business and the facilities available and pay net receipts to the Registrar who shall deal with the receipts according to the orders of the Court.

(2) A person appointed as a manager for a business, enterprise or undertaking which is a going concern shall as far as is possible open and run a banking account solely for the business, enterprise or undertaking.

(3) Where a bank account is opened, outgoings and other payments shall be made by cheques drawn on that account unless there are special circumstances for not doing so.

(4) Receipts and other payments to the business shall be paid into the account on the same day or latest by the morning following the date of receipt.

(5) Where there is no bank within reasonable access of the business, the Court shall give directions as to the safe custody of receipts and other payments to the business after hearing the parties and the Registrar of the Court.

(6) Where there is a bank account, the manager and one other person appointed by the Court shall be joint signatories to the account.

(7) A receiver or a manager who defaults in any material respect in the performance of the duties of a receiver or manager may be called to show cause for the failure, and the Court may give directions that it considers proper, including an order that the remuneration of the receiver or manager be withheld and the security provided under rule 3 may be called on to pay a debt or deficit which appears from the accounts.

1. The mode of execution is determined by the nature of the judgment and the property of the judgment debtor available to satisfy the judgment.

2. In this order a reference to a writ includes a reference to a further writ or an order in aid of the writ.

3. (1) Subject to these Rules, a judgment or order for the payment of money which is not a judgment or order for the payment of money into court, may be enforced by one or more of the following:

(e) in a case in which rule 6 applies, an order of committal from the High Court; and

(2) Subject to these Rules, a judgment or order for the payment of money into Court may be enforced by either or both of the following:

(b) in a case in which rule 6 applies, an order of committal from the High Court.

4. (1) Subject to these Rules, a judgment or order for the recovery of possession of immovable property may be enforced by either or both of the following:

(b) in a case in which rule 6 applies, an order of committal from the High Court.

(2) A writ of possession shall be used to enforce a judgment or order for the recovery of possession of immovable property and shall be as set out in Form 12 in the First Schedule.

(4) The leave shall be granted if it is shown that each person in actual possession of the whole or any part of the immovable property has received, in the opinion of the Court, sufficient notice of the proceedings in which the judgment is obtained to enable that person to apply to the Court for the relief to which that person is entitled.

(5) A writ of possession may include provision for enforcing the payment of money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

5. (1) Subject to these Rules, a judgment or order for the delivery of goods which does not give a person against whom the judgment is given or the order is made, the alternative of paying the assessed value of the goods, may be enforced by a writ of delivery to recover the goods or their assessed value, referred to in this rule as a writ of specific delivery.

(2) Subject to these Rules, a judgment or order for the delivery of goods or payment of their assessed value may be enforced by either or both of the following:

(3) A writ of specific delivery as set out in Form 13 in the First Schedule and a writ of delivery to recover goods or their assessed value may include a provision for enforcing the payment of money adjudged to be paid by the judgment or order which is to be enforced by the writ.

(4) A judgment or order for the payment of the assessed value of goods may be enforced by the same means as any other judgment or order for the payment of money.

(a) required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do that act within that time, or

(b) disobeys a judgment or order requiring that person to abstain from doing an act, the judgment or order may be enforced by an application to the High Court for an order for committal .

7. (1) If a mandatory order, an injunction, a judgment or order for the specific performance of a contract is not complied with, the Court may direct that the party by whom the order, injunction or judgment is obtained or some other person appointed by the Court, at the cost of the disobedient party, enforce the order, judgment or injunction as far as is practicable.

(2) If a judgment or order that requires a party to execute a deed or endorse a negotiable instrument is not complied with, the other party interested in having the deed executed or the instrument endorsed may prepare a deed for endorsement of the instrument in accordance with the terms of the judgment or order and tender it to the Court for execution together with the amount of any stamp duty payable.

(3) The deed for endorsement of the instrument with the signature on it by the Registrar shall have the same effect as the execution or endorsement by the disobedient party and the disobedient party is liable for contempt of Court. .

(4) Subrules (2) and (3) shall not limit the right of the other party in whose favour the order is made to apply to the High Court for an order of committal for contempt against the disobedient party.

(5) Where an action is taken under subrules (1) and (2) the expenses incurred may be ascertained in a manner directed by the Court and execution may issue against the disobedient party for the amount as ascertained and for costs.

8. (1) A person who is not a party to the cause or matter but who obtains any order or in whose favour an order is made, is entitled to enforce obedience to the order by the same process as a party.

(2) A person who is not a party to a cause or matter but against whom obedience to a judgment or order may be enforced is liable to the same process for enforcing obedience to the judgment or order as a party.

9. A party entitled under a judgment or order or to any relief subject to the fulfillment of a condition but who fails to fulfil that condition, shall be considered to have abandoned the benefit of the judgment or order and unless the Court otherwise directs, another person interested may take any proceedings which are either warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.

10. The Forms provided in the Schedule to these Rules shall be used for the respective purposes provided for in this Order.

1. In this Order, unless the context otherwise requires, a writ of execution includes a writ of fieri facias, a writ of possession, a writ of delivery and any other writ in aid of execution.

(2) A writ of execution against goods binds goods in the hands of the judgment debtor as from the time when the writ is issued, but does not affect the title to goods acquired by a person in good faith for valuable considera tion.

(3) Despite subrule (2), if that person who acquires title to the goods has notice that the writ or any other writ by virtue of which the goods of the judgment debtor may be seized or attached has been delivered to the judgment debtor but remains unexecuted in the hands of the Registrar then execution may be levied against the goods.

(4) Execution against immovable property may be commenced by the judgment creditor but if the judgment debtor provides information about the debtor's movable property sufficient to satisfy the judgment debt and costs to the Court or judgment creditor within twenty-one days of the commencement of execution, the execution against the immovable property shall be stayed.

(5) Where the execution is levied against immovable property, there shall be endorsed on the writ of execution a statement that there was not sufficient movable property to satisfy the judgement debt ..

(6) Subject to subrule (4), either movable or immovable property which belongs to the judgment debtor whether held in the judgment debtor's name or by another person in trust for or on behalf of the judgment debtor, is liable to attachment and sale in execution of the judgment or order.

3. (1) A writ of execution to enforce a judgment or order may not issue without leave of the Court where

(b) a change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order,

(c) the judgment or order is against the assets of a deceased person which has come into the hands of that deceased person's executors or administrators after the date of the judgment or order, and it is sought to issue execution against those assets,

(d) under the judgment or order, a person is entitled to a relief subject to the fulfillment of a condition which it is alleged has been fulfilled, or

(e) goods to be seized under a writ of execution are in the hands of a receiverappointed by the Court or a sequestrator.

(2) Where the Court grants leave for the issue of a writ of execution and the writ is not issued within one year after the date of the order that grants the leave, the order shall cease to have effect but a fresh order may be made at anytime within six months after the old order had ceased to have effect.

4. A writ of execution which is in aid of another writ of execution shall not issue without leave of the Court.

5. (1) An application for leave to issue a writ of execution may be made ex parte.

(a) identifies the judgment or order to which the application relates and, if the judgment or order is for the payment of money, states the amount originally due and the amount due under it at the date of the application;

(b) states, where the case falls within rule 3(1)(a), the reasons for the delay in enforcing the judgment or order;

(c) states, where the case falls within rule3(1)(b), the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;

(d) states where the case falls within rule 3 (l)(c) or (d), that a demand to satisfy the judgment or order has been made on the person liable to satisfy the judgment or order and that the person has refused or failed to do so; and

(i) the applicant is entitled to proceed to execution on the judgment or order in question, and

(ii) the person against whom it is sought to issue execution is liable to execution on the judgment.

(b) order that any issue or question, on which a decision is necessary to enable the rights of the parties to be determined be tried in a manner in which a queston of fact or law which arises in an action may be tried,

and in either case, may impose terms as to costs or otherwise as it considers just.

(2) A request for the issue of a writ of execution shall be filed before the writ is issued.

(3) The request shall be signed by the person entitled to the execution, or by that person's lawyer.

(4) On receipt of a request for the issue of a writ of execution, the Registrar shall make a note of the request, and of the date and hour of receipt.

(5) The Registrar may seek the direction of the Court as to any request for issue of a writ of execution and may decline to issue the writ.

(6) A writ of execution shall only be sealed if at the time it is tendered for sealing

(a) the Registrar is satisfied that the period, if any, specified in the judgment or order for the payment of any money or for any other action to be taken under the judgment or order has expired, and

(i) the judgment or order on which the writ is to issue or an office copy of the judgment or order, and (ii) the order granting leave or evidence of the grant of leave where the writ may not issue without leave of the Court.

(7) The Registrar shall indorse on every writ of execution the date on which it is issued.

(8) Unless the Court otherwise directs, a writ of execution is valid in the first instance for twelve months beginning with the date of its Issue.

7. (1) For the purpose of execution, writs of execution shall be issued in the order they are applied for.

(2) ~/here a writ is not wholly executed and an application for extension is made to the Court before the day on which the writ would otherwise expire, the Court may by order extend the validity of the writ for a period of twelve months at anyone time, beginning with the day on which the order is made.

(3) A writ, which has had its validity extended under this rule shall only be executed, if

(a) either the writ is sealed with the seal of the office of which it is issued showing the date on which the order which extends its validity was made, or

(b) the applicant for the order serves on the Registrar to whom the writ is directed, a notice in the specified form, sealed with the seal of the office out of which it is issued, informing that Registrar of the making of the order and the date of the order.

(4) The priority of a writ, which has its validity extended under this rule is determined by reference to the date on which the writ is originally delivered to the Registrar.

(5) The production of a writ of execution, or of the notice in subrule (3), provides evidence that the validity of that writ or of the writ referred to in that notice, has been extended under this rule.

8. (1) A writ of execution shall be enforced by a bailiff of the Court acting in accordance with the instructions of the Registrar.

(2) A bailiff who is responsible for the enforcement of a writ of execution shall

(a) as soon as possible return the writ to the Registrar with a statement of account that shows

(b) pay the balance under paragraph (a) to the Registrar, and (c) where a sale is held, deliver to the Registrar a duly certified account.

(3) The Registrar shall pay the balance to the execution creditor or other person entitled to the balance.

(4) If for any reason the balance is not paid to the person entitled to the balance within fourteen days after the receipt of the balance by the Registrar, the Registrar shall after that date, deal with it in the same manner as the Registrar deals with money paid into Court.

(5) A bailiff shall not pay any money realized by a writ of execution to the execution creditor or to the execution creditor's lawyer or agent. (6) The Registrar shall pay mileage money to the bailiff, but the bailiff may ask the execution creditor to pay it to the Registrar in the first ~ instance.

(7) A bailiff shall not receive or demand any subsistence allowance or any fee or charge whatsoever in respect of the execution of any writ, except the mileage money, fees and expenses which the bailiff is entitled to and which are stated in the statement of account delivered by the bailiff to the Registrar.

(a) keep a book in which the Registrar shall enter the date of the return of every writ, the amount realized, the amount of fees, expenses and the balance paid into court, and

(b) file the receipts for the balance as well as the voucher in support of the entry in the book required to be kept under paragraph (a).

9. (1) A party at whose instance a writ of execution is issued may serve a notice on the Registrar to whom the writ is directed requiring the Registrar, to endorse on the writ within the time specified in the notice, a statement of the manner in which the Registrar executes the writ and to send to that party a copy of the statement.

(2) If a Registrar on whom the notice is served fails to comply with the notice, the party who serves the notice may apply to the Court for an order directing the Registrar to comply with the notice.

(a) to or in respect of a property taken or intended to be taken in execution under process of the Court, or

shall give notice of the claim to the Registrar and include in the notice a statement of the person's address for service.

(2) On receipt of a claim made under submle (1), the Registrar shall immediately give notice to the execution creditor who shall within four days after receiving the notice give notice as set out in Form 14 in the First Schedule, to the Registrar to inform the Registrar of whether the claim is disputed or admitted.

(ii) fails to give the reql.;lired notice within the period specified in subm1e (2), and

(b) the claim made under submle (1) is not withdrawn, the Registrar may apply to the Court for relief.

(4) An application for relief by the Registrar under this rule shall be made ex parte to the Court to seek an order that requires the claimant and the execution creditor to appear before the Court on a date specified in the order for the issue between them to be determined.

(5) Where the execution creditor gives notice under subrule (2) to the Registrar which admits the claim, the Registrar shall immediately withdraw from possession of the property claimed and may apply to the Court for an order to prevent an action against the Registrar for having taken possession of the property.

(6) Notice of an application under subrule (5) shall be served on the person who makes a claim under subrule (1) to or in respect of the property concerned, and that person may attend the hearing of the application.

(7) An execution creditor who gives notice in accordance with subrule (2) which admits the claim, is liable to the Registrar only for the fees and expenses incurred by the Registrar before receipt of that notice.

11. (1) Where in proceedings that arise out of an order made under subrule (4), all the persons who make adverse claims to the property in dispute, in this rule referred to as the claimants, appear at the hearing, the Court may

(a) summarily determine the question in issue between the claimants and the execution creditor and make an order accordingly on terms that are just; or

(b) order that any issue between the claimants and the execution creditor be stated and tried, and direct which of them is to be plaintiff and which defendant.

(2) Where a claimant, who has been duly served with notice of an order made under subrule (4), fails to appear or appears but fails or refuses to comply with an order made after the appearance, the claimant, and any person who claims under the claimant shall be forever barred from the prosecution of the claimant's claim against the Registrar and any person claiming under the Registrar.

(3) Subrule (2) does not affect the rights of the claimants as between themselves.

(4) Where a claimant claims to be entitled to any property as security for debt, the Court may

(b) direct that the proceeds of sale be applied in a manner and on terms that the Court considers just and that are specified in the order.

(5) In furtherance of this rule the Court may give judgment or make an order that may finally dispose of all questions arising between a claimant and the execution creditor.

(6) An appeal against the judgment given or an order made under subrule (5) shall be filed within fourteen days from the date of the judgment or order in accordance with Order 51 rule 16 of c.r. 47.

1. (1 ) A judgment or order for the payment of money may be enforced by a writ of fieri facias (fifa)

(2) Where a writ of fifa is issued it shall be executed by the seizure and sale of the debtor's property sufficient to satisfy

2. (1) A party entitled to enforce a judgment or order by writ of fifa may issue two or more of these writs, directed to different Registrars, at either the same time or different times, to enforce that judgment or order but the cost of execution of those writs taken together shall not exceed the cost of execution, if the judgment or order were levied under one writ.

(2) Where a party issues two or more writs of fifa directed to different Registrars to enforce the same judgment or order, that party shall inform each Registrar of the issue of the other writ or writs.

3. (1) A party entitled to enforce a judgment or order for the payment of money, together with costs may issue

(a) one writ of fifa to enforce payment of the sum other than costs adjudged or ordered, and

(2) A party entitled to enforce a judgment or order for the delivery of possession of property other than money may issue a writ of fifa to enforce payment of damages or costs awarded to that party by that judgment or order.

4. (1) Subject to the other provisions of this Order and to the provisions of any other relevant enactment, a writ of fifa shall be enforced as regards

(a) movable property in the possession of the judgment debtor, by actual seizure, with the property being kept in the custody of the Registrar until sale;

(b) money or negotiable instrument, by actual seizure with the money or instrument being deposited in court by the Registrar and held subject to the further order of the Court;

(c) movable property which the judgment debtor is entitled to subject to a lien or right of some other person to the immediate possession of the property, by delivering to the person in possession a written order which prohibits the person in possession from giving over the property to the judgment debtor;

(i) the person in whose name the shares are held from making any transfer of the shares or receiving payment of dividends on the shares, and

(ii) the manager, secretary or other proper officer of the body corporate from making a payment of dividends until further order is issued by the Court;

(e) immovable property or interest in immovable property, whether at law or in equity, by a written order which prohibits

(i) the judgment debtor from alienating the property or any interest in the property by sale, gift or in any other way, and

(ii) any person from receiving the property or interest in that property by purchase, gift or otherwise; and the Registrar may also, by direction of the Court, take and retain actual possession of the property.

(2) The orders referred to in subrule (1) (c), (d) and (e) shall be signed by the Registrar.

(3) Subject to any other relevant enactment, property in the custody or under the control of a public officer in that officer's official capacity is liable to attachment in execution of a judgment or order after notice has been given to the Attorney-General, and the order of attachment shall be served on that public officer.

(4) Property in the custody of the Court is liable to attachment by leave of the Court, and the order of attachment shall be served on the Registrar.

5. (1) In the case of movable property which is not in the possession of the judgment debtor, a certified copy of the order referred to in rule 4(1) (c) shall be delivered to the person in possession of the property.

(2) In the case of shares in any body corporate, a certified copy of the order referred to in rule 4(1) (d) shall be delivered to or served on the manager, secretary or other proper officer of that body corporate.

(3) In the case of immovable property or any interest in it, a copy of the order referred to in rule 4 (1) (e), certified by the Registrar shall,

(b) if the judgment debtor, cannot be found, be delivered to some adult person at the judgment debtor's last known place of abode or business to be given to the judgment debtor, or

(i) to a front door of the court building from which the writ of fifa issued, and

(ii) to the door of the District Court nearest the immovable property which is the subject of the writ, if that District Court is not the Court from which the writ . issued.

(4) A similar copy of the order referred to in rule 4 (1) (e) shall in every case be posted on or affixed to some conspicuous part of the immovable property in question.

6. After an attachment has been made by actual seizure, or by written order duly delivered, served or posted in accordance with rule 5,

(a) an alienation without leave of the Court of the property attached. whether by sale, gift or otherwise , and

(b) any payment of the debt, dividends, or shares to the judgment debtor during the continuance of the attachment, -

is void, and the person who makes the alienation or payment is liable to committal for contempt of court.

7. The Court may at any time during an attachment under this Order, direct that part of the property attached that

(a) consists of money, be paid over to the party who has applied for execution of the judgment, or

(b) does not consist of money, should as far as is necessary for the satisfaction of the judgment, be sold, and the money realized from the sale, or a sufficient part of it be paid to the party who has applied for execution of the judgment.

(b) conducted according to any orders, that the Court may make on the application of the party concerned.

(2) The sales shall be made by public auction in accordance with the Auction Sales Law, 1989 (P.N.D.C.L. 230), unless the Court authorises the sale to be made in any other manner.

(3) An order relating to the sale may be made at the time of issuing a writ of fifa or afterwards.

(a) in the case of movable property, at least seven days notice of the sale, or

has been given to the public, unless the judgment debtor in writing consents otherwise.

(2) Despite any notices which are published elsewhere, a notice shall be published in the town or place where the property to be sold is situated, and if the sale is to take place in any other town or place the notice shall also be published, in the town or at the place of sale.

10. (1) At any time within twenty-one days from the date of the sale of any immovable property, an application may be made to the Court to set aside the sale on the ground of material irregularity in the conduct of the sale, but a sale shall not be set aside on the ground of irregularity unless the applicant proves to the satisfaction of the Court that the applicant has sustained substantial injury because of that irregularity.

(2) If the application is granted by the Court, the Court shall make an order to set aside the sale for irregularity, and the purchaser shall be entitled to receive back any money deposited or paid by the purchaser on account of the sale, with or without interest, to be paid by the parties and in the manner directed by the Court.

11. (1) If an application is not made under rule 10, the sale shall become absolute.

(2) If an application made under rule 10 is dismissed, the Court shall make an order confirming the sale.

(3) After a sale of immovable property becomes absolute or is confirmed under this rule, the Court shall grant a certificate as set out in Form 15 of the First Schedule to the person who is declared the purchaser at the sale, to the effect that that person has purchased the right, title and interest of the judgment debtor in the property sold.

(4) A certificate of purchase granted under subrule (3) is a valid transfer of the right, title and interest of the judgment debtor in the property sold and shall be deemed to be a conveyance of the property to the purchaser.

(a) in the possession of the judgment debtor or of which the judgment debtor is entitled to the immediate possession, and

(b) of which actual seizure has been made, the property shall be delivered to the purchaser.

(2) Where the property sold consists of movable property to which the judgment debtor is entitled subject to a lien or right of any other person to the immediate possession of the property, delivery to the purchaser shall, as far as practicable, be made by the Registrar giving notice to the person in immediate possession which prohibits that person in immediate possession from delivering possession of the property to any person except the purchaser of the property.

(c) some other person claiming under a title created by the judgment debtor after the attachment of the property,

the Court shall, on the application of the purchaser, order delivery to be made by putting the purchaser, or any person whom the purchaser may appoint to receive delivery on the purchaser's behalf, in possession of the property and if need be, by removing any person who refuses to vacate the property.

(4) If the property sold consists of immovable property in the occupation of a person entitled to occupy it, the Court shall, on the application of the purchaser, order delivery of it to be made by affixing a copy of the certificate of purchase in some conspicuous place on the immovable property and on the Court building.

(5) If the property sold consists of shares in a body corporate, the Court shall, on the application of the purchaser, make an order which prohibits

(i) making any transfer of the shares to any other person except the purchaser, and

(ii) receiving payment of any dividends on the shares, and (b) the manager, secretary or other proper officer of the body corporate from permitting any transfer or payment to be made to any person other than the purchaser.

(6) If the property sold consists of negotiable securities of which actual seizure has been made, they shall be delivered to the purchaser.

(a) in whose name any negotiable security or a share in a body corporate stands, or

is required to transfer the security, mortgage or equity, the Registrar may endorse the security or share certificate or may execute any other document necessary for the transfer of the property.

(2) The endorsement or execution shall be in the following form, or to the like effect:

A.B. by CD., Registrar of the District Court in the Y Region of Ghana; in an action by E.F. versus: A.B.

(3) Until the transfer of a security or a share, the Court may by order appoint some other person to receive interest or dividend due or the security or share and to sign receipts for the interest or dividend.

(4) An endorsement made, or a document executed, or receipt signed by the Registrar or another person appointed by the Court is binding on the judgment debtor or the party entitled to the security or share.

14. (1) If the amount adjudged, with costs, charges and expense incurred by the attachment, is paid into Court or if the judgment or order is otherwise satisfied, vacated or set aside, an order shall be issued for tt withdrawal of the attachment.

(2) If the execution debtor deposits in court a sum sufficient· cover the expenses, an order shall be issued for the withdrawal of the attachment, and the necessary steps shall be taken to stay further proceeding in execution of the judgment or order.

15. (1) Where a judgment is given or an order is made for the payment of money by a person and on an application made at the time of 1 judgment or order or at anytime after the judgment or order by . judgment debtor or other party liable to execution the Court is satisfied that

(a) there are special circumstances which render it inexpedient to enforce the judgment or order; or

(b) the applicant is unable from any just cause to pay the mo then, despite anything in rule 2 or 3, the Court may by order stay execution of the judgment or order by writ of fifa either absolutely 0 a period and subject to conditions that the Court considers appropriate

(2) Where an application made under subrule 1 is not made a time the judgment is given or the order is made,

(a) the application shall be supported by an affidavit ma( or on behalf of the applicant stating the grounds c application and the evidence necessary to substantiate grounds, and

(b) notice of the application and a copy of the supporting affidavit shall be served on the party entitled to enforce the judgment or order within a period of not less than four clear days before the day named in the notice for hearing of the application.

(3) Where the application is made on the ground of the applicant's inability to pay, the affidavit shall disclose the applicant's income, the nature and value of any property of the applicant and the amount of any other liabilities of the applicant.

(4) An order that stays execution under this rule may be varied or revoked by a subsequent order.

1. (1) Where a person obtains a judgment or order for the payment of money by another person, referred to in this Order as the judgment debtor, the Court, on an application made ex parte by the person entitled to enforce the judgment or order, may order the judgment debtor or, where the judgment debtor is a body corporate, an officer of that body corporate to attend the Court and be orally examined on

(a) whether any debts are owing to the judgment debtor, and (b) whether the judgment debtor has any property or other means of satisfying the judgment or order.

(2) The Court may also order the judgment debtor or where the judgment debtor is a body corporate the officer of the judgement debtor to produce, at the time and place appointed for the examination, any books or documents in the possession of the judgment debtor relevant to these questions.

2. Where there is difficulty with the enforcement of any judgment or order, other than a judgment or order under rule 1, the Court may make an order under rule 1 to require the party liable to satisfy the judgment or order to attend the Court and be examined on questions specified in the order and rule I shall apply according! y with the necessary modifications .

3. (1) Where a person, in this Order referred to as the judgment creditor obtains a judgment or order for the payment of money by the judgment debtor and

(b) another person referred to as the garnishee is indebted to the judgment debtor, the Court may, subject to the provisions of this Order and of any other relevant enactment, order the garnishee to pay to the judgment creditor,

(c) the amount of any debt due or accruing to the judgment debtor from the garnishee, or

(d) as much of the debt as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings.

(2) In furtherance of this rule a bank is a debtor to a customer who has a credit balance in an account kept with the bank and the credit balance is .

(c) attach the debt or as much of the debt as is specified in the order, to satisfy the judgment or order and the costs of the proceedings.

4. An application for an order under rule 3 may be made ex parte and shall be supported by an affidavit that

(a) identifies the judgment or order to be enforced and states the amount remaining unpaid under it at the time of the application,

(b) states that to the best of the information or belief of the deponent, the garnishee is indebted to the judgment debtor, and

(c) states the sources of the deponent's information or the grounds for the deponent's belief.

5. (1) An order under rule 1 to show cause as set out in Form 16 of the First Schedule shall be served, at least seven days before the time appointed for the further consideration of the matter, on

(2) Service of the order on the garnishee shall bind the garnishee as regards the debt or the part of the debt specified in the order from the date of service on the garnishee.

6. (1) Where at the further consideration of the matter, the garnishee does not attend or does not dispute the debt due or claimed to be due from the garnishee to the judgment debtor, the Court may, subject to rule 7, make an order absolute under rule 1 against the garnishee.

(2) An order absolute under rule 1 against the garnishee may be enforced in the same manner as any other order for the payment of money, except that in the case of a garnishee bank the Court may order the bank to pay the judgment creditor the credit balance or as much of it as is necessary to satisfy the judgment debt and costs.

7. Where at the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed to be due to the judgment debtor, the Court may summarily determine the question in issue or order that any'" question necessary for determining the liability of the garnishee be tried in the manner in which a question or issue in an action may be tried.

8. (1) If in garnishee proceedings it is brought to the notice of the Court that some person other than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge or lien on the debt, the Court may order that other person to attend the Court and state the nature of the claim, with particulars of the claim.

(2) After hearing a person who attends the Court in compliance with an order under subrule (1), the Court may

(b) make another order as it considers Just, including an order that the question or issue necessary for determining the validity of the claim of that person be tried in a manner a question or an issue in an action may be tried

9. (1) A payment made by a garnishee in compliance with an order absolute under this Order and any execution levied against the garnishee under this order is a valid discharge of the liability of the garnishee to the judgment debtor to the extent of the amount paid or levied, even if the garnishee proceedings are subsequently set aside or the judgment or order from which they arose are reversed.

(2) A payment made by a garnishee in compliance with an order absolute under this Order and an execution levied against the garnishee in furtherance of the order shall also be a valid discharge of the liability of the judgment debtor to the judgment creditor to the extent of the amount paid or levied despite the subsequent setting aside of the garnishee proceedings or reversal of the judgment or order from which they arose are reversed.

10. (1) Where money stands to the credit of a judgment debtor in Court, the judgment creditor is not entitled to take garnishee proceedings in respect of that money but may apply to the Court for an order that the money or so much of it as is sufficient to satisfy the judgment or order sought to be enforced, together with the costs of the application be paid to the judgment creditor.

(2) Notice of the application shall be served on the judgment debtor at least seven days before the day named in the application for hearing the application.

(3) The money to which the application relates shall not be paid out of Court until after the determination of the application unless the Court directs otherwise

(4) The Court which hears the application may make any order that it considers just as regards the money in Court.

11. The costs of an application for an order under rule 1 or 8, and of any proceedings arising from or incidental to the application shall, unless the Court otherwise directs, be retained by the judgment creditor out of the money recovered by the judgment creditor under the order and in priority over the judgment debt.

1. (1) Where an action is called for trial and the parties fail to attend, the trial magistrate may strike the action off the trial list.

(2) Where an action is called for trial and a party fails to attend, the trial magistrate may

(a) where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim, if any, and allow the plaintiff to prove the claim;

(b) where the defendant attends and the plaintiff fails to attend, dismiss the action and allow the defendant to prove the counterclaim, if any; or

2. (1) A magistrate, on an application by the affected party, may set aside or vary, on terms that are just, a judgment obtained against a party who fails to attend the trial.

(2) An application under this rule shall be made within fourteen days after the trial.

3. The Court may, if it considers it necessary in the interest of justice, adjourn a trial for a time and on terms the Court considers appropriate.

4. (1) The case of the plaintiff shall be opened by the plaintiff giving evidence on the plaintiff's own behalf or in the case of a representative action, on behalf of the person the plaintiff represents.

(2) The defendant may cross-examine the plaintiff if the defendant chooses to do so.

(3) The plaintiff shall after giving evidence call the plaintiff's witnesses if any who shall give evidence in accordance with Order 26 and who may be cross-examined and re-examined.

(4) When the plaintiff finishes calling witnesses the Court shall enquire from the plaintiff whether that was the end of the plaintiff's case and on an affirmative answer record this fact in the Record Book as the close of the plaintiff's case at that stage.

(5) Where the defendant elects to adduce evidence, the defendant may after the close of the plaintiff's case, open the case of the defendant and give evidence on the defendant's own behalf or on behalf of the parties the defendant represents, if any.

(6) The plaintiff may cross-examine the defendant if the plaintiff elects to do so.

(7) The defendant may also call witnesses who may give evidence and be cross-examined and re-examined.

(8) When the defendant finishes calling witnesses the court shall enquire from defendant whether that was the end of the defendant's case and on an affirmative answer record this fact in the Record Book as the close of the defendant's case at that stage.

(9) Where the parties are not represented by lawyers the court may adjourn the case to a date for judgment.

(10) Where the parties are represented by lawyers the lawyer may address the Court before the judgment is given.

5. Where written pleadings have not been filed, or the parties or any of them is incapable of understanding the effect of the written pleadings with sufficient accuracy,

(a) the preceding rules on the order of proceedings at the hearing shall be varied by the Court as far as is necessary; and

(b) the defendant's statement in defence, if the defendant does not admit the whole cause of action, shall be heard

(i) immediately after the conclusion of the plaintiff's statement of claim and the grounds for the claim, and (ii) before any witnesses are examined unless the Court directs otherwise.

6. The magistrate may disallow a question asked in cross-examination of a party or a witness which appears to the magistrate to be vexatious and not relevant to any matter which it is proper to enquire into in the cause or matter.

7. (1) The clerk of the Court shall take charge of every document or object put in as an exhibit during the trial and shall mark or label each exhibit with

(a) a letter or letters indicating the party by whom the exhibit is put in or the witnesses by whom it is proved. and

(b) a number, so that all the exhibits put in by a party or proved by a witness are numbered in one consecutive series.

(2) The clerk of the Court shall cause a list to be made of all the exhibits in the action, and a party may, on payment of the prescribed fee, have a certified copy of that list and any documentary exhibit.

(3) The list of exhibits when completed and any documentary exhibit shall be attached to the pleadings and shall form part ofthe record of the action.

(4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit.

8. (1) An exhibit tendered at a trial shall be kept in the registry of the trial Court until the period limited for appeal has expired and where an appeal is made after the trial, the exhibits shall be forwarded to the High Court with the record of proceedings.

(2) An exhibit shall not, except by order of the Court, be given to any party or taken out of the registry before the expiration of the time limited for appeal or until the appeal has been heard and disposed of.

(1) Subject to the Constitution, the Evidence Act, 1975 (N.R.CD. 323), these Rules and any other relevant enactment, a fact required to L~ proved at the trial of an action by the evidence of a witness shall be proved by the examination of the witness orally and in open court.

(2) Where a party to the action or a witness is unable to come to court as a result of illness but is reasonably well and capable of giving evidence the Court, in the interest of justice and for reasons to be stated in the record book, may move to the house, hospital or other place where that party or witness is confined to take that party's or witness's evidence.

2. (1) On an application in a cause or matter, the Court, unless these Rules prescribe otherwise or it determines otherwise, may order that evidence be given by affidavit' and may, on the application of a party, order the attendance for cross-examination of the person making the affidavit.

(2) Where, a person who has been ordered to attend Court for cross-examination under subrule1) does not attend, that person's affidavit shall not be used as evidence without the permission of the Court.

3. The Court may, at or before the trial of an action, order that the number of medical or other expert witnesses who may be called at the trial be limited as specified in the order.

4. Without limiting the effect of any relevant enactment, a document purporting to be sealed with the seal of an office or a department shall be received in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in or issued out of that office or department shall be presumed to be an office copy of that document without further proof unless the contrary is shown.

5. (1) A witness summons is a document issued by the Court which requires a witness to

(3) A witness summons is issued when it is sealed by an officer of the registry of the Court which requires the attendance of the witness or the production of a document by the witness.

(4) Before a witness summons is issued, a request as set out in Form 18 of the First Schedule for the issue of the summons shall be filed in the registry out of which the summons is to issue and the request shall contain

(a) the name and address of the party issuing the summons, if the party issuing is acting in person, or

(b) the name or firm and business address of that party's lawyer and if the lawyer is the agent of another, the name or firm and business address of the lawyer's principal.

6. Where there is a mistake in a person's name or address in a witness summons which has not been served, the party by whom the summons is issued may have the summons re-sealed in the correct form by filing a second request under rule 5 (4) endorsed with the words amended and re-sealed.

7. A witness summons shall be served personally, and the service is not valid unless it is effected within twelve weeks after the date of issue of the summons.

8. A witness summons shall continue to have effect after service until the conclusion of the trial at which the attendance of the witness is required.

1. (1) The decision or judgment in an action shall be delivered in open Court, unless for reasons to be stated in the record the Court otherwise directs.

(2) It is the duty of the Court to deliver judgment as soon as possible after the close of each case before it, and in any event not later than four weeks after the close of the case.

(3) In furtherance of subrule (2) a case is closed when the evidence has been given to the Court and the final addresses if any have been concluded.

(4) Where for any reason judgment is not delivered within the period of four weeks, the Court shall not later than seven days after the expiration of that period inform the Chief Justice in writing of that fact and shall state the reasons for the delay and the date on which the Court proposes to deliver judgment.

(5) Where judgment is not delivered within the period of four weeks, a party to the cause or matter may, in writing, notify the Chief Justice of that fact and request that a date be fixed for the delivery of judgment.

(6) On receipt of a notice from the Court or a party under subrule (4) or (5), the Chief Justice may fix a date for the delivery of judgment by the Court and notify the Court accordingly, and the Court shall ensure that judgment is delivered on the date fixed by the Chief Justice.

2. If the Court reserves judgment at the hearing, parties to the action shall be served with notice to attend and hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case there shall be no further notice.

3. Parties are deemed to have notice of the decision or judgment of the Court if the decision or judgment is pronounced at the hearing, and parties who have been served with notice to attend and hear the decision or judgment shall be deemed to have notice of the decision or judgment when pronounced whether they infact attend or not.

4. (1) Minutes of every judgment, whether final or interlocutory, shall be made and those minutes are a decree of the Court, and have the full force and effect of a formal decree.

(2) The Court may order a formal decree to be drawn up on the application of either party and that Formal Decree shall as near as may be as set out in Form 19 of the First Schedule.

5. If the defendant has been granted a set off or counterclaim· against the claim of the plaintiff, the judgment shall state the amount due

and the judgement shall be for the recovery of any sum which is due to either party.

6. A person who is directed by a decree or order to pay money or do any other act shall obey the decree or order on being served, without any demand for payment or performance, and if a time for performance is not specified in the decree or order that person is bound to obey the decree or order immediately after the decree or order has been made unless the Court enlarges the time by a subsequent order.

7. (1) The Court, at the time of giving judgment or making an order or at any time afterwards, may

(a) direct the time within which a payment is to be made or another act done, and

(b) order the payment of interest at the same rate as a High Court may order in the circumstances.

(2) The time for payment shall be reckoned from the date of the judgment or order or from some other point of time that the Court considers appropriate.

8. (1) Where a judgment or an order directs the payment of money, the Court may for any sufficient reason, order that the amount be paid by instalments, with interest.

(2) The order may be made at the time of giving judgment, or at any time afterwards by a Magistrate who has the necessary jurisdiction, and may be rescinded at any time on sufficient cause

1. (1) A magistrate may on grounds that the magistrate considers sufficient, review a judgment or decision given by that magistrate where either party has obtained leave to appeal or a reference has been made on a special case, and the appeal or reference is not withdrawn.

(2) The magistrate may, in the review open and re-hear the case wholly or in part, and take fresh evidence, reverse, vary, or confIrm the previous judgment or decision.

2. (1) An application for review of a judgment shall be made by motion on notice not later than fourteen days after the judgment.

(2) The Court shall not entertain an application for review after the fourteen days, unless within thirty days after the fourteen days an application for special permission of the Court is filed.

(3) The Court may grant the special permission on terms that the Court considers just.

4. (1) The application for review shall not of itself operate as a stay of execution unless the Court so orders, and the order may be made on terms as to security for satisfaction or performance of the judgment or otherwise as the court considers necessary.

(2) Money paid into Court in the action shall be retained to await the result of the motion or the further order of the Court.

1. (1) Subject to the Courts Act, 1993 (Act 459) the Chief Justice may appoint any day including weekends and public holidays, for the hearing of a cause or matter as the circumstances require.

(2) The sittings of the Court shall be for the hours that the Chief Justice directs.

2. Subject to special arrangement for any particular day, the business of the day shall be taken as nearly as the circumstances permit in the

(a) at the commencement of the sitting, judgments shall be delivered in matters for which delivery of judgment has been fixed for that day;

(b) motions shall be taken in the order in which they stand in the motion list; and

(c) the causes or matters on the cause list shall then be called in their order unless the Court considers it fit to vary the order.

1. (l) An application for probate or letters of administration in respect of the estate of a deceased person may be made only to the Court with jurisdiction over the area where the deceased had at the time of death a fixed place of abode.

(2) Despite subrule (l) where a person who does not have a fixed place of abode in the country, dies within or outside the country, the Court in the area where that person's property is located shall, subject to the Courts Act, 1993 (Act 459) or any other relevant enactment in force, have jurisdiction for the purposes of granting probate or letters administration in respect of the estate.

(3) Where the deceased has property within the jurisdiction of more than one Court, the application shall be made to only one of the Courts in respect of all the properties.

(4) Notice of an application made under subrule (3) shall be given to the Registrar of every Court which has jurisdiction over the area where any property of the deceased is located and any caveat filed in any of those Courts shall be brought to the notice of the Court before which the application is pending and that Court may stay the hearing of the application until it is satisfied that no caveat has been filed in another Court and if a caveat has been filed, the reasons necessitating its filing has been dealt with and the caveat removed. .

2. (1) The Court to which an application is made under rule 1 may, for the preservation of the property of the deceased within its jurisdiction or for the discovery or preservation of any will or other testamentary instruments of the deceased, take interim measures that it considers necessary.

(2) Where the circumstances so require, the Court within whose jurisdiction the property is situated shall on the death of the person or as soon as may be practicable after the death, appoint an officer of the Court or any other person that it considers fit, to take possession of the property within its jurisdiction or put the property under seal until the property is dealt with in accordance with law.

3. Where a person who is not the executor of a will or appointed by the Court to administer the estate of a deceased person, takes possession of and administers or otherwise deals with the property of a deceased person, that person

(a) is subject to the same obligations and liabilities as an executor or administrator,

(c) is liable on summary conviction to a fine of not more than five hundred penalty units or twice the value of the estate intermeddled with or to imprisonment for a term of not more than two years or both.

(a) takes possession of and administers or otherwise deals with any part of the property of the deceased, and

(b) does not apply for probate within three months after the death, or after the termination of any proceedings in respect of probate or administration,

that person, in addition to any other liability which may be incurred, commits the offence of intermeddling and is liable on summary conviction to a fine of not more than five hundred penalty units or to imprisonment for a term of not more than two years or to both

5. Where it appears to the Court that any paper of the deceased which is or which purports to be testamentary, is in the possession or under th control of any person, the Court may, whether or not any proceeding relating to probate or administration are pending, order that person t produce the paper in Court.

6. (1) Where it appears to the Court that there are reasonable grounds to believe that any person has knowledge of any paper which purports to be testamentary, even if it is not shown that the paper is

the Court may, whether or not proceedings that relate to probate or administration are pending, order that person to attend Court and to produce the paper before the court.

(2) The order to produce a testamentary paper for examination shall be in the form set out in Form 20 in the First Schedule.

7. (1) The Court may of its own motion or on the application of a person who claims an interest under a will, give notice to the executors named in the will to come and prove the will or renounce probate.

(2) The executors or anyone or more of them shall, within fourteen days after receipt of the notice, come in and prove the will or renounce probate.

(3) Where an executor who has received a notice under this rule does not come to prove the will or renounce probate as required by subrule (2), the right of the executor to executorships shall be extinguished and an application for letters of administration with will annexed may be made by a person entitled to letters of administration.

(4) A notice under this rule shall be as set out in Form 21 in the First Schedule.

8. The application for probate or letters of administration shall be supported by an affidavit sworn by the applicant and with other documents that the Court may require.

9. (1) On an application for the grant of probate or letters of administration, the Court may require evidence of the identity of the applicant in addition to that provided by the applicant, where the additional evidence is necessary or desirable.

(2) The Court shall ascertain the time and place of death of the deceased and require proof of death by production of a death or burial certificate or some other evidence to the satisfaction of the Court.

(3) The applicant shall make a declaration of the value of the property of the deceased and the Court shall, as the circumstances allow, satisfy itself of the correct value.

(4) The declaration under this rule shall be as set out in Form 22 of the First Schedule.

10. (1) The Court shall order a grant of letters of administration to issue only if after the grant, notice of the grant is given for a period of not less than twenty-one days or any other period ordered by the Court, with the notice being posted in the following manner:

(b) in any public place within the jurisdiction of the Court where ,the notice is likely to be seen by those who may have an interest in the estate; and

(c) at the last known place of abode of the deceased in respect of whose estate the grant is made.

(2) Where the grant is in respect of the estate of a person who dies intestate, the notice shall be given whenever practicable to all persons entitled to a share of the estate of the deceased under the Intestate Succession Act, 1985 (P.N.D.C.L. Ill) as amended but the Court may dispense with the notice to the beneficiaries if it considers it expedient to do so.

(3) The Court shall not order any grant of probate or letters of administration to issue until all inquiries which it considers fit to make are answered to its satisfaction.

(4) The Court shall make available every facility that is necessary for obtaining probate or letters of administration and which is consistent with the prevention of error and fraud.

(5) Notice under this rule shall be as set out in Form 23 in the First Schedule.

11. (1) A person who has or claims to have an interest in the estate of a deceased and who wishes to ensure that grant of probate or letters of administration is not made without notice to that person, may file a caveat as set out in Form 24 of the First Schedule.

(2) The caveat may be filed either before or after an application has h('en made for probate or letters of administration, but before the grant.

(3) A caveat which is filed before an application for probate or letters of administration is made shall be brought to the notice of the Court by the Registrar as soon as the application is fIled.

(4) A caveat fIled after an application for probate or letters of administration has been made shall be brought immediately to the notice of the Court by the Registrar.

(5) On being given notice of a caveat, the Court shall direct the Registrar to bring the caveat to the notice of the applicant or the lawyer of the applicant and this notice shall be as set out in Form 25 of the First Schedule and the Court shall decline to take any further steps until the applicant duly warns the caveator in accordance with subrules 8 and 9 of this rule.

(6) A caveat shall remain in force for three months from the date on which it is filed, but may be renewed.

(7) The Registrar shall not allow any grant of probate or letters of administration to be sealed if the Registrar has knowledge of an effective caveat in respect of the grant but a caveat shall not operate to prevent the sealing of a grant on the day on which the caveat is filed or on which a copy of the caveat is received.

(8) A person who fIles a caveat shall be warned and the warning shall be as set out in Form 26 of the First Schedule.

(9) The warning shall be issued by the Registrar at the instance of the applicant or any person interested in the estate and it shall require the person who fIled the caveat to file an affidavit stating the nature and particulars of any interest that person may have in the estate of the deceased.

(10) If the warning is not obeyed, the applicant shall move the Court in respect of the applicant's original motion for the grant of probate or letters of administration and where the Court considers it fIt, the Court shall direct that notice be served on the caveator.

(11) If the warning is obeyed, a copy of the affidavit filed shall be served on the applicant by the Registrar.

(12) On receipt of the affidavit of a caveator, the applicant shall move the Court to grant probate or letters of administration on notice to the caveator who shall at the expense of the applicant, be served with copies of any affidavits on which the applicant intends to rely.

(13) At the hearing of the motion, if the parties agree among themselves as to the person to whom a grant of probate or letters of administration shall be made, the Court may order that the caveat be removed from the fIle and a grant be made to that person.

(14) Where the parties fail to agree on the person to whom a grant shall be made, the Court

(a) shall summarily determine who is entitled to the grant of probate or letters of administration, or

(b) if it considers it necessary, order the applicant to issue a writ against the caveator within fourteen days from the date of the order, to determine who is entitled to grant of probate or letters of administration.

12. (1) Where a person dies and leaves a will, the executors are entitled to grant of probate.

(2) Where the executors renounce or fail to take probate, any person interested in the estate of the deceased person may apply for grant of letters of administration with the will annexed.

(3) The person entitled to grant of probate or letters of administration with the will annexed shall be determined in accordance with the following order of priority:

(a) a specifIc legatee, devisee, creditor or the personal representative of any of these persons but administration shall be given to a living person in preference to the personal representative of a deceased person who would, if living be entitled in the same degree;

(b) a legatee or devisee whether residuary or specifIc who claims to be entitled on the occurrence of a contingency;

(d) the ultimate residuary legatee or devisee where the residue is not disposed of by the will; or

(e) a person who has no interest under the will of the deceased but who would have been entitled to a grant if the deceased had died intestate.

(4) The Court may make a grant to a specific legatee or devisee if satisfied that the interest of the person entitled to the residue is so small as to justify the person being passed over.

Order of priority for grant where person dies instestate after P.N.D.C.L. 111

13. Where a person dies intestate on or after 14th June, 1985, the persons who have beneficial interest in the estate of the deceased shall be entitled to a grant of letters of administration in the following order of priority.

14. (1) Unless otherwise provided by any other relevant enactment, the number of persons to whom a grant may be made shall not exceed four.

(2) Where there is a dispute between persons who are entitled to a grant in the same degree, the Court

(b) shall summarily determine the dispute and make a grant to one of them as it considers fit.

15. (1) Where a person who has a prior right to a grant of probate or letters administration delays, or refuses to take it and does not renounce the right, a person who has an inferior right may serve a notice as set out in Form 27 of the First Schedule, on the person with the prior right, calling on that person with the prior right to take the grant or renounce the right.

(2) If on being served with a notice under subrule (1), the person with prior right does not apply for a grant or renounce the right within fourteen days, the person serving the notice, may apply for a grant and the Court shall make a grant to the applicant if the Court is of the opinion that it is desirable to do so,

16. (1) A person may make a will and deposit it for safe custody in the Court that has jurisdiction over the area in which that person has a fIxed place of abode.

(2) A will made under subrule (1) shall be sealed with the seal of the person who made the will and the seal of the Court.

(3) An original will filed in a Court shall not be given out for any purpose without the direction in writing of the Court in which the will is filed.

(4) A certified copy of the probate or letters of administration with will annexed may be obtained from the Court.

17. (1) On receipt of an application for probate or for letters of administration with will annexed, the Court shall

(a) inspect the will to fInd out whether it appears to have been signed by the testator or by some other person in the testator's presence and at the testators direction, and to have been subscribed by two witnesses in accordance with the Wills Act, 1971 (Act 360), and

(b) not proceed further if the will does not appear to be properly signed and subscribed as under paragraph (a).

(2) If the will appears to be properly signed and subscribed as under subrule (1)(a), the Court shall examine the attestation clause, if any, and consider whether it shows the will to have been in fact executed in accordance with the Wills Act, 1971 (Act 360).

18. (1) If there is no attestation clause, or if the attestation clause is insufficient, the Court shall require an affidavit from at least one subscribing witness, if either of them is living, to prove that the will was in fact executed in accordance with the Wills Act, 1971 (Act 360).

(2) The affidavit shall form part of the probate so that the probate shall be a complete document on the face of it.

(3) If on a close examination of the affidavit it appears that the will was not in fact executed in accordance with the Wills Act, 1971 (Act 360), the Court shall refuse to grant probate.

(4) Where both subscribing witnesses are dead, or on some other reasonable grounds the affidavit cannot be obtained from either of them, the Court

(a) shall require an affidavit as set out in Form 28 in the First Schedule from another person, if any, present at the execution of the will, and

(b) if the affidavit cannot be obtained, shall require proof of (i) that fact,

(iii) any circumstances that raise a presumption in favour of the due execution of the will.

(5) An attestation clause and an affidavit of handwriting shall be set out in Forms 29 and 30 respectively in the First Schedule.

19. Where a testator is blind or illiterate, the Court shall not grant probate of the will or letters of administration with the will annexed unless the Court is fIrst satisfIed, by proof or by what appears on the face of the will, that the will was read over to the deceased before its execution or that the deceased had at that time knowledge of its contents.

20. (1) The Court, on being satisfIed that a will has been duly executed, shall carefully inspect it to see whether there are any interlineations, alterations, erasures, or obliterations that appear in it and which have to be accounted for.

(2) Interlineations, alterations, erasures and obliterations are invalid unless they are made valid by the re-execution of the will, or by the subsequent execution of a codicil to the will.

21. (1) Where a will contains a reference to a document of a nature that raises a question whether it ought to or ought not to form a constituent part of the will, the Court shall require the production of the document and ascertain whether or not it forms a constituent part of the will and if the document is not produced, a satisfactory account of why it cannot be produced shall be given.

(2) A document cannot form part of a will unless it is in existence at the time the will was executed.

(3) If there are any traces of sealing wax or wafers or other marks on a will which lead to the inference that some other document has been at some time annexed or attached to the will,

(c) if the document cannot be produced a satisfactory account of why it cannot be produced shall be given.

22. Each will or copy of a will which an executor or an administrator swears to shall be marked by the executor or administrator and any person before whom the executor or administrator makes the oath as set out in Forms 31 and 32 respectively in the First Schedule.

23. Where evidence is directed or allowed to be given by affidavit, the Court may require the deponent to personally attend the Court and to be orally examined before the Court in respect of the matter of the affidavit.

24. Where probate, is granted to one of the executors named in the will, the Court may make the same grant to another executor named in the will, and the grant shall be as set out in Form 33 in the First Schedule.

25. Where a will appears regular on the face of it and there is no dispute as to its validity, the application for probate may be sufficiently supported by an affidavit deposing to the due execution and attestation of the will and by other documents or papers that the Court may require.

26. (1) Where for any reason the executors of a will are in doubt as to the validity of the will or the validity of the will is disputed, the executors may if they consider it necessary to do so, prove the will in solemn form in an action commenced by writ asking the Court to pronounce the will valid. .

(2) A person who claims to have an interest in the estate of a deceased person may by notice in writing request the executors named in the will of the deceased to prove the will in solemn form

(b) the interest the person has in the estate of the deceased; and (c) the specific grounds on which the validity of the will is disputed.

(a) signed by the person who desires proof in solemn form or by the person's lawyer;

(c) served on all executors named in the will and beneficiaries under the will.

(5) Where a notice is served on an executor under subrule (4), the executor shall not later than eight days after the service, file in the registry an answer to the notice stating the intention of the executor either to prove the will in solemn form or to renounce probate and the Registrar shall on receiving the answer serve the person who filed the notice with a copy of the answer .

(6) If an executor who is served with the notice under this rule declares an intention to renounce probate or fails to file an answer as required under subrule (5),

(a) the right of the executor to executorship shall wholly cease and the representation of the testator and the administration of the estate may be effected as if the executor had never been appointed; and

(b) in the case where the executor defaults in filing an answer and shows good cause for failing to file the answer, the Court may extend the time within which the answer shall be filed by the executor.

(7) An extension of time given under subrule ( 6) (b) shall be upon terms, if any, that the Court sees fit to impose.

27. (1) An executor who files an answer under rule 26 (5) and states in that answer the executor's intention to prove the will, shall not later than eight days after filing the answer, issue a writ claiming that the will must be pronounced valid and admitted to probate.

(2) If the executor fails to issue a writ within the time specified in subrule (1), the person who issues the notice may apply to the Court for an order terminating the right of the executor to the executorship, and the Court may either make that order or extend the time within which the executor must issue a writ on terms, if any, that the Court considers just.

(3) A writ issued under submle (1) shall join as a defendant the person who issued the notice calling on the executor to prove the will in solenm form and the Court may either of its own motion or on applicatio', join as plaintiff or defendant any person who claims or appears to have an interest in the estate of the deceased.

(b) fails to file an answer after having been served with the relevant notice, or

(c) fails to issue a writ after having filed an answer and the Court makes an order under subrule (2) for the termination of executorship,

any person named as beneficiary in the will may issue a writ to establish the validity of the will and for grant of letters of administration with the will annexed.

(5) In an action brought under subrule (4) the person who files and serves a notice on the executor shall be joined as a defendant but the Court may either on application or of its own motion, order any person who claims or appears to have an interest in the estate to be joined as plaintiff or defendant.

28. (1) A person who claims to have an interest in the estate of a deceased testator, may issue a writ against the executor for a declaration that the will is invalid, instead of issuing a notice to the executor to prove the will under rule 26 (2).

(2) In an action brought by an interested party under subrule (1), the Court may join any person who claims or appears to have an interest in the estate of the deceased as plaintiff or as defendant.

29. (1) Where grant of probate or letters of administration has been made, any person who seeks to have the grant revoked by the Court ay issue a writ to seek that relief.

(2) In any action brought under rules 25 to 29, rules 32 to 43 of this order shall apply.

30. (1) The Court in granting letters of administration shall proceed as far as is appropriate as in the case of probate.

(2) Where administration is applied for by one or more persons with priority or equal interest, the Court shall require proof that notice of the application has been given to the other person with prior or equal interest.

31. (1) The person to whom administration is granted shall execute a bond as set out in Form 34 or 35 in the First Schedule, with two or more sureties as set out in Form 35(A) in the First Schedule, to the Registrar for the collection, entrance on and administration of the property of the deceased.

(2) The bond shall be an amount equal to double the value of the property of the deceased as sworn to, unless the Court considers it just to reduce the amount.

(3) The Court may in any case direct that more than one bond as the Court considers reasonable and just be executed.

(4) If administration is granted to the Administrator-General or if the Administrator-General is appointed to act in any capacity, the Administrator-General shall not be required to execute the bond or give security but is subject to the same liabilities and duties as if the bond has been executed or security has been given.

(5) Where it is subsequently discovered that the deceased died possessed of property which was not included in the grant or in the original affidavit, a corrective affidavit as set out in Form 36 in the First Schedule and which gives full particulars shall be given to the Registrar of the Court.

30. (1) The Court in granting letters of administration shall proceed as far as is appropriate as in the case of probate.

(2) The bond shall be an amount equal to double the value of the property of the deceased as sworn to, unless the Court considers it just to reduce the amount.

(3) The Court may in any case direct that more than one bond as the Court considers reasonable and just be executed.

(6) Where the bond already given is not sufficient to cover the whole estate including the increased amount, a further bond shall be given in a sum sufficient to meet the deficiency.

(7) The penalty in the bond shall be double the value of the additional property and the word "intended" which comes before the word" administrator" in Form 35(A) in the First Schedule shall be omitted.

(8) Where the Registrar, is satisfied that an undertaking in the bond has been broken, the Registrar may assign the bond as set out in Form 37 in the First Schedule to another person, and that person may

(a) sue on the bond in that person's own name as if it had originally been given to that person instead of the Registrar, and

(b) recover on the bond as a trustee for all persons interested, the full amount recoverable in respect of breach of the undertaking in the bond.

32. For the purpose of contentious probate matters as provided for under this Order, a probate action means an action for

(a) the grant of probate of the will or letters of administration of the estate of a deceased person;

(c) a judgement or order that pronounces the validity or otherwise of an alleged will.

(2) The title to the writ shall contain an indication of the capacity in which the plaintiff is suing.

(3) The writ must be endorsed with a statement of the nature of the relief claimed by the plaintiff

(3) Where the probate or letters of administration has not been lodged in the registry of the Court, a writ for the revocation of grant of probate or letters of administration of the estate of a deceased person shall not be issued out unless notice is given under rule 37.

(4) Where the Court grants leave under this rule, it may give direction as regards the service of pleadings, filing of affidavit or of testamentary scripts and other matters that the Court considers necessary.

34. (1) A person who is not already a party to a probate action may apply to the Court for leave to intervene in the action.

(2) The application shall be supported by an affidavit which shows the interest of the applicant in the estate of the deceased and shall be served on all the existing parties.

(3) Where the Court grants leave under this rule, it may give direction as regards the service of pleadings, fIling of affidavits or of testamentary scripts and other matters that the Court considers necessary.

35. (1) On the application of the plaintiff or of any person who intervens in a probate action, a notice as set out in Form 38 in the First Schedule may be issued against a person who is not already a party to the action but who has an interest adverse to the applicant.

(2) The notice shall inform the person with the adverse interest that judgment may be given without further notice if that person does not enter appearance in the action

(3) A notice under this rule shall be issued out of the registry and shall be accompanied by an affidavit sworn by the applicant, specifying the alleged adverse interest of the person on whom it is served.

(5) A notice issued under this rule shall be served personally unless in a particular case the Court considers it necessary to order some other mode of service.

36. (1) A person authorised to intervene under rule 34 or on whom a notice has been served under rule 35 shall enter appearance

(a) within the time specified in the order authorising that person to intervene, or

(b) if the appearance is not limited, within eight days from the date of the making of the order or service of the notice.

37. (1) Where an action is brought for the revocation of a grant of probate or letters of administration, the plaintiff shall serve notice on the person to whom the probate or letters of administration is granted

requiring that person to bring and leave at the registry of the Court the probate or letters of administration.

(2) A person on whom a notice is served under subrule (1) shall comply with the notice within four days from the date of service of the notice.

(3) Where a person served with a notice under subrule (1) does not comply with the notice within the time specified, the plaintiff may apply to the Court for an order directing that the probate or letters of administration be brought and left at the registry of the Court within a time that the Court may specify.

(b) written instructions for a will made by or at the request or under instructions of the testator, and

(c) any document which purports to be evidence of the contents or to be a copy of a will which is alleged to have been lost or destroyed.

(2) The plaintiff and every defendant who has entered an appearance in a probate action shall depose to an affidavit as set out in Form 39 in the First Schedule.

(a) describe any testamentary script of the deceased person whose estate is the subject of the action, of which the deponent has any knowledge, or

(c) if a testamentary script is not in the possession of the deponent or the deponent does not know under whose control the script is, state that the deponent does not know the name or address of any such person.

(4) Any testamentary script in the possession or under the control of the deponent shall be annexed to the affidavit.

(5) An affidavit required by this rule, together with any annexed testamentary script shall be filed

(a) within fourteen days after entry of appearance by a defendant to the action, or

(6) Except with the leave of the Court, a party to a probate action shall not, be allowed to inspect

unless an affidavit sworn by that party containing the information required under subrule (3) has been filed.

39. (1) A judgement in default of appearance shall not be entered in a probate action.

(2) A defendant who is served with a writ and a statement of claim and who enters an appearance shall file a statement of defence not later than fourteen days after the service of the writ.

(3) Where the plaintiff sets down the action for trial under subrule (2), the plaintiff shall depose to an affidavit of testamentary script as required by rule 38 (2).

40. (1) A writ in a probate action shall be accompanied by a statement of claim which shall be served on the defendant in the action and on any person who intervenes.

(2) A defendant who is served with a writ and statement of claim and who enters an appearance shall file a statement of defence not later than fourteen days after the service of the writ.

(3) Where the plaintiff in a probate action disputes the interest of a defendant, the plaintiff shall state this fact in the plaintiff's statement of claim.

(4) In a probate action in which the interest by which a party claims to be entitled to a grant of letters of administration is disputed, the party who disputes that interest shall show in that party's pleading that if the allegations made in it are proved, that party would be entitled to an interest in the estate.

(5) A party who pleads that at the time when a will which is the subject of the action is alleged to have been executed, the testator did not know and approve of its contents shall specify the nature of the case on which the party intends to rely.

(6) A party referred to in subrule (5) shall specifically plead the following matters if the party intends to rely on any of them: ]

(b) that at the time of the execution of the will, the testator was not of sound mind, memory and understanding; or

41. A defendant in a probate action who alleges or claims to be entitled to any relief or remedy in respect of a matter relating to the grant of probate or letters of administration, shall add to the defence a counterclaim in respect of the claim, relief or remedy.

42. (1) Judgement shall not be given in default of pleading in a probate action.

(2) Where a party to a probate action fails to file a pleading which the party is required by this Order to fIle, then unless the Court strikes out the action, the other party may, after the expiration of the period fixed under this Order for the filing of that pleading, apply to the Court for leave to set down the action for trial.

43. (1) A probate action shall not be discontinued except by leave of the Court.

(2) At any stage of the proceedings in a probate action, the Court, on the application of the plaintiff or of any party to the action, may order that

(a) the action be discontinued on terms as to costs or otherwise that the Court thinks just, and

(b) a grant of probate or letters of administration in respect of the estate which is the subject matter of the action be made to the person entitled to it

44. (1) An action may be brought for determination of any question or relief which can be determined or granted in any administration action even if the question or relief does not involve

(a) a claim for administration of the estate under the direction of the Court, or

(b) an execution under the direction of the Court of a trust in connection with which the question arises or the relief is sought.

(2) Without limiting the effect of subrule (1), an action may be brought for the determination of any of the following:

(a) a question that arises in the administration of the estate of a deceased person or in the execution of a trust; or

(b) a question on the composition of a class of persons who have a claim against the estate of a deceased person or a beneficial interest in the estate of the deceased or in any property subject to a trust; or

(c) a question as to the right or interest of a person who claims to be a creditor of the estate of a deceased person or to be entitled to a right or interest under a will or on an intestacy of a deceased person or beneficiary under a trust.

(3) Without limiting the effect of subrule (1), an action may be brought for any of the following reliefs:

(a) an order which requires an executor or administrator to furnish and if necessary, verify accounts; or

(b) an order which requires the payment into court of money held by a person in trust in that person's capacity as executor, administrator or trustee; or

(c) an order which directs a person to do or abstain from doing a particular act in that person's capacity as executor, administrator or trustee; or

(d) an order which approves a sale, purchase, compromise or other transaction by a person in the person's capacity as executor, administrator or trustee; or

(e) an order which directs any act to be done in the administration of the estate of a deceased person or in the execution

of a trust which the Court could order to be done if the estate or trust were being administered or executed under the direction of the Court.

45. (1) Where in an administration action the Court makes an order for the full administration of the estate of a deceased person or for the execution of a trust, the Court shall give directions as to the manner in which the estate shall be administered or the trust executed.

(2) The Order may expressly stipulate that an account or inquiry which is not immediately and manifestly required shall not be taken or made without leave.

(3) The Court may stay proceedings under this rule if in its opinion it is not necessary for proceedings to take their full course and may make consequential orders which it thinks fit.

46. (1) The executors or administrators of the estate or the trustee of a trust to which an action in rule 44 relates shall be parties to the action, and where the action is brought by the executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff shall be made a defendant.

(2) A person who has a beneficial interest in or a claim against the estate or has a beneficial interest under a trust to which an action mentioned in rule 44 relates need not be a party to the action, but the plaintiff may make any such person that the plaintiff thinks fit a party, having regard to the nature of the relief claimed in the action.

(3) Where in proceedings under a judgment or order given or made in an action for administration a claim in respect of a debt or other liability is made against the estate by a person who is a party to the action,

(a) a person who is not an executor or an administrator of the estate is not entitled to appear as a party in relation to the claim without leave of the Court, and

(b) the Court may direct or allow any other party to appear either in addition to or in substitution for the executors or administrators on terms as to costs or otherwise that the Court considers fit.

47. (1) Where an original will or codicil is lost, destroyed or damaged, an application may be made to the Court for an order to admit the will to proof as contained in a copy, draft or any other admissible means of proof.

(2) In making an order under subrule (1), the Court may grant probate until the original will or codicil or a more authentic copy is found and proved.

(3) Where a will cannot be obtained within the jurisdiction because it is in the custody of a foreign Court, or official or a person resident abroad, a duly authenticated copy may be admitted to probate either without limitation or until the original is produced and admitted to probate.

48. (1) Where a person entitled to a grant of letters of administration is resident outside the country, the grant may be made to the attorney of that person as set out in Form 40 in the First Schedule for that person's use and benefit until the person obtains a grant.

(2) Where the person entitled to a grant is an executor, a grant of administration with the will annexed may be made to the attorney of the executor for the use and benefit of the executor until the executor applies for and obtains probate but a grant shall not be made to the attorney unless notice is given to other executors.

(3) The notice shall be left at the last known address of the executor who is to be served or sent to that address by registered post.

(4) A power of attorney under subrule (2) shall be as set out in Form 41 in the First Schedule and shall be executed before a notary public and deposited in the registry of the Court.

(5) A certified English translation of the power of attorney shall be attached to the power of attorney if it is in a language other than English.

(6) The affidavit in support of the attorney's application for the grant shall be accompanied by an office copy of the power of attorney deposited in the court under subrule (4).

49. (1) Where a person entitled to a grant of probate or letters of administration is a child under the age of eighteen years, a grant shall not be made to the child but to the child's guardian for the child's use and benefit until the child attains full age.

(2) An application by a guardian for a grant for the use and benefit of a child shall be supported by an affidavit, as set out in Form 42 in the First Schedule, and the affidavit shall

(a) depose to the fact that the person entitled to the grant is under the age of eighteen years, and

(3) Where a sole executor is a child, the guardian of that child may be granted administration with will annexed until the child attains full age after which a grant of probate may be made to the sole executor.

(4) The Court may make a grant to another person, rather than make a grant to a minor's guardian.

(5) Where one of several executors is a child, probate may be granted to one of the other executors but the right of the child to a grant shall be reserved until the child attains full age.

(6) The right of an executor who is a child to probate when that child attains the age of eighteen years shall not be renounced by another person on the child's behalf.

50. The persons to whom grants may be made as guardians for the use and benefit of a child are:

(b) a guardian appointed by one of the parents to be the testamentary guardian to act jointly with the surviving parent, or

(c) a guardian determined by the Court on application by the surviving parent or testamentary guardian where the surviving parent objects to the testamentary guardian or the testamentary guardian considers the surviving parent unfit, or

(iii) the child does not have parents or there are no persons with parental rights in relation to that child.

51. (1) Where a person who is entitled to a grant is by reason of mental or physical disability unable to manage that person's affairs, a grant may be made for that person's use and benefit during the period of the disability as provided in subrule 4.

(2) The Court shall not grant probate under subrule (1) unless there is no person entitled in the same degree as the person with disability or the Court determines otherwise.

(3) Where one of several executors is under mental or physical disability the court may grant probate to the others.

(a) to a person entitled to the residuary estate or probate, or (b) on intestacy, to any person the Court considers fit, where the person has an interest in the estate.

(5) Before a grant is made under subrule (1) or (3), medical evidence of incapacity shall be produced to the satisfaction of the Court.

52. Where a person to whom a grant has been made becomes incapable after the grant, the grant shall be revoked and a new grant made on the application of

53. (1) A grant shall not be made to a person serving a sentence of imprisonment but where a person entitled to a grant is serving a sentence of imprisonment a grant may be made to that person's attorney for that person's use and benefit or the Court may appoint another person as administrator in place of the prisoner.

(2) Where a person to whom a grant has been made is sentenced to a term of imprisonment the grant shall be revoked and the Court may make a grant to that person's attorney or to another person as provided in subrule (1).

54. (1) Where a testator appoints one person as a general executor and another person for a special purpose both may apply for probate.

(2) If the application for probate is made by both executors at the same time, one grant shall be made but the powers of the executors shall be distinguished.

(3) If an application is first made by one of the executors, a grant may be made to that executor with the right of the other executor reserved.

55. Where a personal representative to whom a grant of probate has been made, resides outside the country, the Court may on the application of a creditor or person interested in the estate of the deceased, make a limited grant until the absent representative returns to the jurisdiction.

56. (1) The Court on an application for preservation of the estate of a deceased person may make a grant before those entitled to a grant of probate apply.

(2) The application may be made ex parte by a creditor or a person who has an interest in the estate of the deceased.

(3) A grant made under this rule is limited only to the collection and receipt of property that forms part of the estate and the doing of acts that are necessary for the preservation of the property and until a grant is made to the person entitled.

(4) The Court may make a grant under this rule to the Administrator-General on an application by the Administrator-General.

57. (1) After a probate action has commenced, an application may be made to the Court to grant administration pendente lite in accordance with section 80 of the Administration of Estates Act, 1961 (Act 63)

(2) An application under subrule (1) may be made by one of the parties to the suit or by any person interested in the estate.

(3) The parties may agree on the person to be appointed administrator pendente lite, otherwise the Court shall appoint a person that it considers fit

(4) If a person who is appointed administrator pendente lite is connected with the suit, the consent of the parties to the suit shall be sought unless the Court decides otherwise.

(a) accounts as set out in Forms 43 and 44 in the First Schedule, for those accounts to be passed at intervals that the Court directs, and

(b) in any case, an account at the end of each year of administration and on being discharged.

(6) The account to be submitted under subrule (5) shall consist of an inventory of assets in the hands of the administrator pendente lite and a cash account which shall be verified by affidavit and lodged in the registry of the Court.

(7) An administrator pendente lite is entitled to reasonable remuneration that the Court thinks fit and the remuneration shall be fixed on the taking of accounts.

(8) An administrator pendente lite shall give security in a manner directed by the Court.

(9) The Court, in fixing remuneration under subrule (8), shall take into account the duration and complexity of the administration, the professional skill, business knowledge or other qualification of the administrator pendente lite and the total work done by the administrator pendente lite.

58. (1) Where all the persons to whom a grant of probate has been made have died without completing administration and the chain of representation has been broken, a grant with the will annexed shall be made in respect of the unadministrered assets (de-bonis non) to those entitled.

(2) Where all the persons to whom a grant of letters of administration has been made have died without completing the administration, the Court shall make a grant in respect of the unadministered assets (de-bonis non) to those entitled.

59. Where a limited grant is made to one person for the use and benefit of another and that person dies before completing administration, or where the original grant is limited in time or until the happing of an event and the time expires or the event occurs, the Court shall make a re-grant to the person that is entitled to the grant.

1. (1) The Court in the exercise of its matrimonial jurisdiction under section 47(1)(f) of the Courts Act, 1993 (Act 459) as amended may deal with

(2) The Court sitting as a Family Tribunal has jurisdiction under section 47(2) of Act 459 as amended and section 35 of the Children's Act, 1998 (Act 560) to entertain matters of

(3) The Court sitting as a Family Tribunal has jurisdiction under section 65 of Act 560 to entertain an application for adoption.

2. (1) Proceedings for divorce, maintenance, child custody and paternity shall be commenced by filing the appropriate form as stated in these Rules or specified in the Second Schedule to these rules.

(2) A defendant who wishes to be heard in anyone of these causes shall also file the appropriate form within fourteen days from the date of service of the plaintiff's form.

(3) The proceeding in the Family Tribunal shall be conducted in chambers but these Rules shall generally be applied.

(4) Proceedings for adoption may be commenced by using the appropriate forms as set out in the Adoption Rules, 2003 (Cl. 42)

(5) Every form shall be accompanied by an affidavit sworn to by the plaintiff verifying the facts stated in the form.

(6) The affidavit shall state that to the best of the knowledge and Belief of the plaintiff the fact stated in the forms are true

3. Subject to these Rules the procedure in divorce and other causes shall be the same as in other actions.

4. (1) The Registrar of the Court shall wIthin fourteen days after the plaintiff's forms have been served on the defendant,

(a) set the action down for trial if the defendant has not flied the appropriate form, and

(2) On the filing of defendant's form, the Registrar shall set the action down for trial within fourteen days after the service of the defendant's form on the plaintiff and notify the parties of the hearing date.

5. (1) At the end of the hearing the Court may generally make the order prayed for by either party but it may make any order necessary for doing justice whether the order has been asked for by the person entitled to the benefit of the order or not.

(2) Despite subrule (1), the Court shall have regard to the relevant provisions contained in the Children's Act, 1998 (Act 560) before making any order.

6. (1) A person who has been ordered to give custody or access to another and who wilfully refuses to comply with the order may be cited for contempt in the High Court.

(2) Where the Court has ordered a periodic maintenance or lump sum payment for the maintenance of a child, the Court may, under section 51 (2) of Act 560, order that the earnings or the property of the person liable be attached.