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MASTERS OF THE HIGH COURT (POWERS AND DUTIES) INSTRUMENT, 1994 (LI 1593).

 

IN exercise of the powers conferred on the Chief Justice by subsection (2) of section 22 of the Courts Act, 1993 (Act 459), this Instrument is made this 28th day of June, 1994.

Paragraph 1—Duties and Powers of a Master of High Court.

(1) The duties of a Master of the High Court are to hear and determine applications to the High Court—

(a) for leave to serve Writ of Summons out of Jurisdiction;

(b) for leave for Substituted Service;

(c) for leave to extend the validity of Writ;

(d) for leave to issue Writ out of time;

(e) for default or summary judgement;

(f) for delivery of further and better particulars  of pleadings;

(g) to strike out suit for want of prosecution;

(h) to strike out suit for want of jurisdiction;

(i) for Summons for Directions;

(j) for leave to register foreign judgement;

(k) for leave to register arbitration award;

(1) for the grant of Letters of Administration and Probate.

(2) For the purpose of performing the duties specified under sub-paragraph (1) of this Instrument, a Master shall subject to paragraph 2 of this Instrument have and exercise the powers conferred on a High Court Judge by the Courts Act 1993 (Act 459) and by any other enactment in respect of such duties.

Paragraph 2—Reference to Clerk of the List.

Where in an application before a Master, a challenge is raised to the application, the Master shall refer the application to the Clerk of the Lists for re-assignment of the       application to a Judge of the High Court.

Paragraph 3—Directions to Practice and Procedure .

A Master of the High Court shall when required give directions to both practitioners and staff of the Judicial Service on questions of practice and procedure.

PHILIP EDWARD ARCHER

Chief Justice

 

Date of Gazette Notification: 15th July, 1994.

 

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