Agricultural Leases (Amendment) Regulations, 2000

L.N.139 of 2000

AGRICULTURAL LEASES (RELETTING) ACT

(CAP. 199)

Agricultural Leases (Amendment) Regulations, 2000

IN exercise of the powers conferred by article 19 of the

Agricultural Leases (Reletting) Act, the Minister of Justice and

Local Government, with the concurrence of the Minister of

Finance, has made the following regulations:-

(1)

The title of these regulations is Agricultural

Leases (Amendment) Regulations, 2000, and they shall be read and

construed as one with the Agricultural Leases Regulations, 1967,

hereinafter referred to as "the principal regulations".

(2) These regulations shall come into force on the 1st

October, 2000.

Regulation 7 of the principal regulations shall be deleted

and substituted by the following new regulation

"Registry fees.

The Registry fees to be assessed by the

Registrar on the filing of any act shall be in

accordance with the fees shown in Tariff A

contained in the Schedule.".

3. Regulation 8 of the principal regulations shall be deleted.

4. Tariff A of the Schedule annexed to the principal regulations

shall be deleted and substituted by the following new Tariff

"TARIFF A

Registry fees payable in the Rural Leases Control Board

1 For the filing of any claim

.

Lm 15

2 For the filing of any reply

.

Lm 10

3 For the filing of any application of appeal

.

Lm30

4 For the filing of an answerto an application of appeal

.

Lm20

5 The fees established in paragraphs 1 to 4 of this Tariff shall include

the filing of all other acts of procedure and services (including but

not limited to the filing of warrants for the examination of witnesses,

the examination itself, recording fees, transcriptions and copies, the

services of judicial assistants, decrees and declarations prior to

definitive judgement, taxed bill of costs and copies of the judgement)

required following the initiation of the cause through the said act up

to and including final judgement but excluding any fees due for

notification of the acts of procedure or any fees due to referees or

experts appointed by the Board or any fees which the Board may be

required to pay to third parties.

(1) No fee shall be levied for the filing of any note of admission of a

claim provided that the claim is admitted in full and unconditionally

before any contestation thereon.

(2) Any counter-claim contained in any act of procedure shall be

treated as if it is a new claim and the fees set out in paragraphs 1 to 4

shall be levied on the counter claim and the reply thereto.

(3) The fees stated in paragraphs 1 to 4 shall also be due on the

filing of any application to the Board to be permitted to file any

statement of defence, answer or other act of procedure filed in reply

to a claim and intended to contest, whether totally or partially, a

claim made.

7 (1)

For every notification of an act of procedure, including expenses

incurred in the execution of such notification, the following fees shall

be due

(i)

registry fee

..

(ii) fee due to the executive officer effecting the service ..

(2) Notwithstanding anything contained in this Tariff if the service

of any act is to be executed personally by an executive officer of the

Board, in cases where the law permits that service be effected

otherwise, the following additional fees shall be due, for each

notification

(i)

registry fee

.

(ii) fee due to the executive officer effecting the service ..

8 For any other act of procedure indicated in the Agricultural Leases

(Reletting) Act but for which no fee is established in these Tariffs .....

Provided that fees for services not specifically provided for in this

Tariff but provided for in other Tariffs shall be taxed according to

those Tariffs.

For the opening of the registry outside working hours

(i)

registry fee

.

(ii) fee due to attending deputy registrar

..

(iii) fee ~ue to each executive officer required to effect

serVice

.

10 (1) The Board may, when delivering judgement, order that the

plaintiff or defendant in a cause pay increased costs to the Registrar

of Courts of not less than Lm 100 and not more than Lm 250 if the

Board deems that the act of procedure initiating the claim or the act

of procedure in reply was frivolous or vexatious or that either of the

parties has unnecessarily prolonged the proceedings and in such case

such sum will not be recoverable from the other party.

No appeal shall lie from the decision of the Board.

(2) The Board may, when delivering judgement, also order that part

of the costs be borne by the advocate of the plaintiff or the defendant

if the Board deems that the advocate is responsible, wholly or partly,

for the frivolous or vexatious act of procedure or for prolonging the

proceedings.

No appeal shall lie from the decision of the Board.

11 (1) All fees due shall be paid together with the filing of the relative

act and the Registrar shall not accept for filing any act of procedure,

which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to be paid

shall be final.

(3) In assessing the fees laid down in this Tariffno account shall be

taken of any fraction of Lm 1.

12 (1) The Registrar shall cause a taxed bill of costs to be kept in the

file of each cause and shall immediately enter therein all payments

made to him and all payments due to the advocates and legal

procurators of the parties and the parties and their advocates and

legal procurators shall have the right to a copy thereof at any time.

(2) Within one month of the delivery of the definitive judgement,

the Registrar shall cause a final taxed bill of costs to be drawn up.".