Previous | Next | Home

62.1 This part deals with the procedure to be followed -

(a) when any enactment (other than the Constitution) gives a right to apply to the court; and

(b) where money is paid into court under an enactment unless any enactment or any other rule makes contrary provision.

(Part 60 deals with appeals to the court)

How to apply

62.2 (1) The general rule is that applications to the High Court may be made by -

(a) an application under Part 11 where the terms of the particular enactment exclude the need for notice of the application to be given; or

(b) a fixed date claim in form 2 where -

(i) an enactment requires an application to be by originating summons, originating application or originating motion; and

(ii) in any other case not falling within paragraph (a).

This rule does not apply to applications made in pending proceedings or where any enactment or any of these rules otherwise provides.

(Rule 8.1 deals with the issue of a fixed date claim and rule 27.2 with case management.)

Provisions relating to particular Statutes

62.3 (1) Bill of Sales Act, Chap 82:32

An application under section 18 (Rectification of Register) must be made without notice but must be supported by evidence.

(2) Patents Act, No 21 of 1996

(a) At the case management conference in any proceedings under the Act, the court may with or without the application of any party, appoint an independent scientific assessor to assist the court, either—

(a) by sitting with the judge at the trial or hearing of the proceedings, or

(b) by inquiring and reporting on any question of fact or of opinion not involving a question of law or construction, as the court may direct.

(b) The court may nominate the scientific assessor and, where appropriate, settle any question or instructions to be submitted or given to him.

(Part 33 contains further general provisions as to the appointment of assessors)

(3) Land Tenants (Security of Tenure) Act 1981, Chap 59:54

(a) Where a claimant wishes to exercise an option to purchase land under section 5(5) of the Act and is unable to trace or identify the landlord the claimant may apply for permission not to serve the claim form on the landlord.

(b) the application must be supported by evidence giving full particulars of all efforts made to identify and trace the landlord.

 Payment of money, etc., into court under enactment

62.4 (1) This rule applies where an enactment requires or enables a person to pay money in, or lodge securities into, court.

(2) The person paying such money in, or lodge securities into, court must file an affidavit stating -

(a) the reason for making the payment or lodgment; and

(b) full details of all matters relevant to the payment in including -

(i) where the money or securities paid in or lodged are paid in under section 64 of the Trustee Ordinance, Chap 8 No 3, a short description of the trust and of the instrument creating it; and

(ii) where the money is deposited under section 17(2) of the Land Tenants (Security of Tenure) Act, Chap 59:54, details of the chattel house and land to which the deposit relates; and

(c) the names and, so far as is practicable, the current addresses of all persons who have or may have an interest in the money or securities; and

(d) where he is not able to give a current address details of the steps that he has taken to trace such persons; and

(d) his address for service of any application, order, notice or proceedings relating to the money or securities; and

(e) his submission to answer any inquiries relating to the money or securities as the court may make or direct.

(3) The person paying such money or securities into court must give notice of the payment in or deposit of securities to all persons named in paragraph (2)(c) for whom he is able to give an address.

(4) Where the fund paid in consists of money or securities being or being part of, or representing a legacy or residue to which a minor or person outside the jurisdiction is absolutely entitled, and on which the trustee has paid the estate duty, or on which no duty is chargeable, the trustee may make the lodgment solely on production of the appropriate certificate of the Commissioners of Estate Duties.