[O. 63, rr. 1-6

ORDER 63

GENERAL ADMINISTRATIVE PROVISIONS

REGISTRY AND SUB-REGISTRIES

1. For the purpose of superintending the business performed at the Registry and Sub-Registries and giving any directions which may be required on questions of practice and procedure, the Registrar or in his absence the Deputy Registrar shall be present at the Registry and each Assistant Registrar or his deputy shall be present at his respective Sub-Registry on every day on which the Registry or, as the case may be, the Sub-Registry is open.

2. (1) Any document filed in the Registry or a Sub-Registry in any proceedings must be sealed with the official seal of the Registry or Sub-Registry, as the case may be, showing the date on which the document was filed.

(2) Particulars of the time of delivery at the Registry or a Sub-Registry of any document for filing, the date of the document and the title of the cause or matter of which the document forms part of the record shall be entered in books kept in the office at which the document is delivered.

3. (1) Together with a copy thereof all proceedings for filing in the Registry shall be brought there and all proceedings for filing in a Sub-Registry shall be brought to the Sub-Registry.

(2) The original and the copy shall be sealed with the official seal of the Registry or Sub-Registry, as the case may be, whereupon the original shall be filed and the copy handed out to the party filing the same.

(3) The sealed copy shall be evidence of the contents of the original filed and shall be produced at all times when required by the Court or a Judge or by the Registrar or an Assistant Registrar.

4. (1) All proceedings commenced in the Registry shall be entered in the Cause Book at that office and all proceedings commenced in a Sub-Registry shall be entered in the Cause Book of that Sub-Registry.

(2) Any entry so made shall be examined with the original document the day after such entry is made and shall be evidence of the document having been filed.

(3) A Cause Book shall not be open to inspection by any person other than a Judge and the officers of the office in which it is kept except on payment of the prescribed search fee, but any information contained therein shall, without payment of a fee, be read out therefrom to any party interested in the suit from which such information is sought by such officer.

(4) The Registrar or, as the case may be an Assistant Registrar, shall, on a request in writing giving sufficient particulars, and on payment of the prescribed fee, cause a search to be made in the Cause Book under his Custody and issue a certificate of the result of the search.

5. (1) Indexes of the titles of all actions and matters filed shall, in respect of actions and matters filed in the Registry, be kept there and, in respect of actions and matters filed in a Sub-Registry, be kept at that Sub-Registry.

(2) The indexes shall be so kept that they may be conveniently referred to when required and such indexes shall, at all times during office hours, be accessible to the public on payment of the prescribed fee.

6. (1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the following documents filed in the Registry or a Sub-Registry namely:-

(2) Nothing in the foregoing provision shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in the Registry or a Sub-Registry in that cause or matter or filed therein before the commencement of that cause or matter but made with a view to its commencement.

7. (1) Where the Court orders any documents to be lodged in court, then, unless the order directs otherwise, the documents must be deposited in the Registry or Sub-Registry in which is proceeding the cause or matter to which the documents relate.

(2) All certificates of the Judges and all written admissions of evidence whereon any order is founded shall be transmitted to and deposited in the Registry or Sub-Registry in which is proceeding the cause or matter to which the certificates or admissions relate.

8. (1) Except to give effect to Order 4 rules 2(2) and 2(3), Order 35, rule 10 and Order 41, rule 11(2) and except as provided by this rule, no document filed in or in the custody of the Registry or a Sub-Registry shall be taken out of that office otherwise than for the use of the Supreme Court in proceedings before it of which that document forms a part and in such proceedings an office copy of that document shall, wherever practicable, be used.

(2) Where a document filed in or in the custody of the Registry or a Sub-Registry is required by a Judge for use in proceedings before him of which it forms no part, the proper officer shall upon receipt of a written request from the Judge for its production, cause an office copy of that document unless the Judge otherwise directs or it is impracticable to do so, to be delivered by a clerk of the Registry or Sub-Registry in which it is filed to the Judge.

(3) A request in form No. 50 in Appendix A duly filled up with the particulars therein indicated and stamped with the prescribed fee shall be made to the proper officer in any case where-

(4) On receipt of a request made pursuant to paragraph (3) the proper officer may direct that the request be complied with.

(5) Before granting a request made pursuant to paragraph (3) the proper officer may, if he thinks fit, require to be satisfied that the request is made in good faith and that the document is required to be produced as stated.

(6) The proper officer before granting a request made pursuant to paragraph (3) may also, if for any special reason he thinks fit to do so, require that an office copy be made of the document requested and that it be filed in the office from which the document is to be taken at the expense of the party requiring the document to be produced.

(7) Where the place to which a document is to be delivered in compliance with a request made pursuant to paragraph (3) is more than one mile from the Registry or Sub-Registry from which the document is to be taken, the proper officer shall require the solicitor or party requesting the delivery of the document to deposit with him a sufficient sum of money to meet the just fees, charges and expenses which, in his opinion, will be incurred to send and return the document and to undertake to pay any further fees, charges and expenses which may not be fully met by such deposit.

[O. 63, rr. 8-9

(8) On compliance with a request made pursuant to paragraph (3), the proper officer shall cause the document to be delivered to the court or tribunal or the officer thereof indicated in the form of the request, by a clerk of the Registry or Sub-Registry from which the document is taken.

(9) Together with a document delivered in compliance with a request made under paragraph (3) there shall also be delivered-

(10) It shall be the duty of the Judge or, as the case may be, of the court or tribunal or officer thereof to whom a document is delivered pursuant to this rule to keep it in safe custody, and to return it by causing it to be delivered to the proper officer by whom its delivery was directed as soon as the Judge or, as the case may be, the court or tribunal no longer requires it.

(11) A record shall be kept at the Registry and each Sub-Registry containing a description of each document taken out of it pursuant to Order 35, rule 10, and order 41, rule 11(2) and-

(12) It shall be the duty of the proper officer to see that each document taken out pursuant to this rule, is duly returned within a reasonable time and to make any enquiries as to any document which is not so returned, so that steps may be taken to secure the return thereof.

(13) No subpoena for the production of any document filed in or in the custody of the Registry or a Sub-Registry shall be issued, but application may be made to a Judge in Chambers in the event of the proper officer refusing to grant a request made pursuant to paragraph (3) to review the decision of the proper officer.

(14) For the purposes of this rule-

9. The Registrar shall keep a separate register of all appeals brought before the Court of Appeal which shall contain particulars of the date on which-