Code of Organization and Civil Procedure (Schedule A)

L.N. 197 of 2000

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12.)

Code of Organization and Civil Procedure (Schedule A)

(Amendment) (No.2) Regulations, 2000

IN exercise of the powers conferred by article 1004 of the

Code of Organization and Civil Procedure, 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 Code of Title and

Organization and Civil Procedure (Schedule A) (Amendment) (No.2) commencement.

Regulations, 2000 and they shall be read and construed as one with

Schedule A annexed to the Code of Organization and Civil Cap. 12.

Procedure, hereinafter referred to as "Schedule A".

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

October, 2000.

Tariff A of Schedule A shall be amended as follows

(a) for paragraph 2(4) there shall be substituted the

following

"(4)In actions for personal separation, maintenance, filiation,

paternity, child abduction or custody, relating to the civil status of a

person, relating to human rights or relating to general elections and

in actions concerning personal injury, claims for the payment of

wages or claims for unjust dismissal from employment, causes of

spoliation requesting that works be carried out under the supervision

of the Court, the fees stated in this paragraph shall not apply but there

shall be levied a one time fee of

Lm 50";

(b) for paragraph 3(1)(b) there shall be substituted the

following

"(b) In actions concerning the partition of property whether inter

vivos or causa mortis and independently of whether the actual

partition is requested or not, and in actions concerning

succession, the claimant may, together with his claim, submit a

list of the property the partition of which is being requested or

which is involved in the succession together with a declaration,

signed and attested to on oath by an architect in the case of

immovables and by a competent valuer in the case of movables,

certifying the valuation of such property, and the value shall be

assessed on the total sum shown on such valuation

Provided that in no case shall the fee taxed be less than

Lm 250";

for paragraph 5 there shall be substituted the following

(C)

"5 (I) 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

.

Provided that if service is to be effected outside normal working

hours, the fees contained in this paragraph shall be increased by

100%.

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

notification of any act is to be executed personally by an executive

officer of the Court, in cases where the law pennits 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

(3) The fees established in sub-paragraph (2) shall not apply when

service is to be effected personally by an executive officer of the

Court in tenns of any law, and in such cases the fees established in

sub-paragraph (1) of this paragraph shall apply.";

(d)

paragraph 9(2) shall be substituted by the following

"(2) The Court may, when delivering judgement, also refer to the

Commission for the Administration of Justice the advocate of the

plaintiff or of the defendant if the Court 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 Court.";

(e) at the end of paragraph 11, after the last proviso thereto,

there shall be added the following proviso

"Provided further that any person acting as mandatory of another

person in a cause shall, ifhe renounces his mandate not later than the

31st October, 2000, be liable for fees calculated in accordance with

this Tariffas in force on the 30th September, 2000.".

Tari ff B of Schedule A shall be amended as follows

(a)

for paragraph 1 there shall be substituted the following

"I For the filing of any judicial letter or judicial protest but excluding

fees due for any notification required.................................................

Provided that when the judicial letter or judicial protest is required by

law the fee shall be .

excluding the fees due for service of the same.";

(b)

for paragraph 4 there shall be substituted the following

"4 For the affixing of any seal of the Court where this is prescribed by

law or by the Court

.

Provided that no fee shall be due when such seal is required on any

judicial act.";

(c)

for paragraph 5 there shall be substituted the following

"5 For every copy, authenticated or otherwise, for each page

Provided that no fee shall be due when the copies are provided by the

person filing the original act or when copies are requested of a court

order for purposes of service.";

(d)

for paragraph 7 there shall be substituted the following

"7 For every search in the archives of the Court, per individual cause

and for any copy thereof, whether authenticated or not, per page

Lm 0.20. ";

(e)

for paragraph 9 there shall be substituted the following

"9 For the lodgement of any monies in Court, for any schedule of set-off

orredemption, a fee equal to

.

of the money to be deposited, to be set-off or redeemed shall be

levied but such fee shall not include the notification of such schedule

on third parties indicated in the schedule and provided further that in

no case shall such fee be less than

.

Provided that when such lodgement or schedule is required by law, a

fee ofLmlO shall be paid in lieu of the fee of2%.";

(t)

for paragraph 13 there shall be substituted the following

"13 (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

.

Provided that if service is to be effected outside normal working

hours, the fees contained in this paragraph shall be increased by

100%.

(2) Notwithstanding anything contained in this Tariff if the

notification of any act is to be executed personally by an executive

officer of the Court, 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

.

(3) The fees established in sub-paragraph (2) shall not apply when

service is to be effected personally by an executive officer of the

Court in terms of any law, and in such cases the fees established in

sub~paragraph (1) of this paragraph shall apply.".

For paragraph 11 of Tariff C of Schedule A there shall

be substituted the following

"11 (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

.

(i)

fee due to the executive officer effecting service

.

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

notification is to be executed personally by an executive officer of

the Court in cases where the law permits that service be effected

otherwise, the following fees shall be due for each notification

(i) registry fee

.

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

.

(3) The fees established in sub-paragraph (2) shall not apply when

service is to be effected personally by an executive officer of the

Court in terms of any law, and in such cases the fees established in

sub-paragraph (1) of this paragraph shall apply.".

Tariff D of Schedule A shall be amended as follows

(a) for paragraph 5(2) there shall be substituted the

following

"(2) The fees due in accordance with sub-paragraph (1) shall

include all services, fees and expenses required up to the sale itself,

except for fees due for the service of any judicial act, which fees

shall be taxed separately.";

(b)

for paragraph 9 there shall be substituted the following

"9 For every notification, not previously mentioned in this Tariff, 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

.

Provided that if service is to be effected outside normal working

hours, the fees contained in this paragraph shall be increased by

100%.".