Code of Organization and Civi1 Procedure (Schedule A)

L.N. 56 of 1981

CODE OF ORGANIZA TION AND CIVIL PROCEDURE (CAP. 15)

Code of Organization and Civi1 Procedure (Schedule A)

(Amendment) Regulations, 1981

IN EXERCISE of the powers conferred by section 1003 of the

Code of Organization and Civil Procedure, the Minister of Justice.

Lands, Housing and Parliamentary Affairs, with the concurrence of

the Minister of Finance, Customs and People's Financial Invest­

ments, has made the following regulations:-

l. (1) These reguJations may be cited as the Code of Organ-

Citation and

ization and Civil Procedure (Schedule A) (Amendment) Regulations,

commencement.

1981, and sha11 be read and construed as one with Schedule A

annexed to the Code of Organization and Civil Procedure, herein-

af tel' referred to as "Schedule A".

These regulations shaH come into force on the 15th

(2)

June, 1981.

Immediately after No. 7 of Tariff A of Schedule A there

shall be added the folIowing

On the fi1ing of a writ of summons there shall

"7 A.

(1)

be deposited with the Registrar any of the following amounts

applicable to the c1aims contained in the writ of summons, viz

(a) where the registry fee is assessable as in No. 7 and

the value is determined or may be determined according to

law, an amount equivalent to fifty per centum (50%) of

such fee;

(b) where the registry fee is assessable as in No. 7

but the value is uncertain or indeterminate and is to be

determined by the Court, or where the cause is intended

lead to the p�trtition of property, an amount of twenty

pounds (f20);

(c) where the demand in the writ of summons is for

any necessary dec1aration of any point of law or fact, an

amount of f2 for each such demand

Provided that in no case shall the amount be Iess than

three pounds (f3),

and when definitive judgment is delivered, the Registrar shall

!

applv the amount so deposited in sett ement or o? account ?f

the Registry Fees due in accordance wIth the prOVISIons of thls

Tariff.

(2) The provisions of paragraph (1) above sha11 not

apply to a cause for personal separati on 01' to a cause for

maintenance.

(3) The assessment of the amount by the Registrar

shall be final and the Registrar shal1 not accept for filing any

writ of summons which is not accompanied by the relative de­

posit.

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(4) The Registrar shaH exempt from t e payme?t of

any such amount any plaintiff who in the declaratlOn mentlOned

in subsection (3) of section 155 of the Code of Organization and

Civil Procedure states that his total year1y income does not

exceed by twenty per centum the national minimum wage for a

year, and that he does not own property. movable or immovable,

not incIuding his place of residence, amounting to more than

three times the national minimum wage for a year.".

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