Civil Procedure (Ascension) Ordinance, 1968

ASCENSION REVISED EDITION OF THE LAWS, 2017 COURTS AND JUSTICE CIVIL PROCEDURE (ASCENSION) ORDINANCE, 19681 Ordinance SH7 of 1968 In force 1 May 1969 Applied to Ascension by Ordinance A3 of 1985 with modifications which have been incorporated in the text below. Amended by SH Ordinances 1 of 2001, 12 of 2017 and 14 of 2017, SH L.Ns 3/1989, 26/2009. (Ord. SH14/2017 applied by L.N. A4 of 2017 w.e.f. 19 December 2017.) The text also modifies the St Helena Ordinance to the circumstances of Ascension as required by section 2(2) of the St Helena Law (Application to Ascension)Ordinance, 19882. SH subsidiary legislation: CIVIL PROCEDURE RULES, 1969 Legal Notice 5 of 1969 Amended by L.N. 25/1973 and 2/2001 Amended by Rules made 22/11/2000 ______________________ CIVIL PROCEDURE (ASCENSION) ORDINANCE, 1968 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and application 2. Interpretation 3. Savings 4. Pecuniary jurisdiction PART II 1 This text is not authoritative but was prepared by the Law Revision Commissioner under section 14 of the Revised Edition of the Laws Ordinance, 1999 as stating the law at 19 December 2017. 2 “(2) The said law of St Helena applies to Ascension only in so far as it is applicable and suitable to local circumstances, and subject to such modifications, adaptations, qualifications, and exemptions as local circumstances render necessary.” 2 GENERAL 5. Courts to try all proceedings unless barred 6. Stay of proceedings 7. Res judicata 8. Bar to further proceedings 9. When foreign judgment not conclusive 10. Presumption as to foreign judgments 11. Jurisdiction of civil courts 12. Power of Supreme Court to withdraw and transfer cases 13. Institution of proceedings, etc 13A. Ascension cases 14. Service if defendant resides in St Helena or Tristan da Cunha 15. Power to order discovery, etc 16. Summons to witness 17. Penalty for default 18. Judgment 19. Interest 20. Costs PART III EXECUTION 21. Application to orders 22. Definition of “court which pronounced judgment” 23. Court by which judgment may be executed 24. Transfer of judgment 25. Result of execution proceedings to be certified 26. Power of courts in executing transferred judgment 27. Questions to be determined by the court executing judgment 28. Execution barred in certain cases 29. Transferee 30. Personal representative 31. Powers of court to enforce execution 32. Enforcement of judgment against personal representative 33. Repealed 34. Repealed 35. Repealed 36. Repealed 37. Property liable to attachment and sale in execution of judgment 38. Seizure of property in dwelling house 39. Property attached in execution of judgments of several courts 40. Private alienation of property after attachment to be void 41. Documents of title to immovable property to be lodged with court before sale 42. Purchaser’s title 43. Purchase on behalf of judgment-creditor not valid 44. Distribution of assets 45. Resistance to execution PART IV INCIDENTAL PROCEEDINGS 46. Power of court to issue commissions 47. Commission from a court in St Helena or Tristan da Cunha 48. Letter of request 49. Commissions issued by foreign courts 3 PART V ACTIONS IN PARTICULAR CASES 50. Repealed 51. When foreign State may sue 52. When interpleader action may be instituted PART VI SPECIAL PROCEEDINGS 53. Arbitration 54. Power to state case for opinion of court 55. Public nuisances 56. Public charities PART VII SUPPLEMENTARY PROCEEDINGS 57. Supplementary proceedings PART VIII APPEALS Appeals from original judgments and orders 58. Appeals from judgments of Magistrates’ Court 59. Appeals from judgments of Supreme Court 60. Appeal from original judgment 61. No appeal from final judgment if no appeal from interlocutory judgment 62. Error or irregularity not affecting merits or jurisdiction Appeals from appellate judgments and orders 63. Second appeal 64. Meaning of “order” in preceding sections 65. No second appeal in certain actions Appeals from other orders 66. Orders from which appeal lies 67. Other orders 68. What courts to hear appeal 69. Limitation for appeals General provisions relating to appeals 70. Power of appellate court 71. Procedure in appeals from appellate judgments and orders PART IX REVISION 4 72. Revision by original court 73. Revision by Supreme Court PART X MISCELLANEOUS 74. Matters for which provision may be made by rules 75. Omitted 76. Omitted 77. Assessors in Admiralty causes 78. Oath on affidavit: by whom to be administered 79. Orders and notices to be in writing 80. Application for restitution 81. Enforcement of liability of surety 82. Consent or agreement by persons under disability 83. Execution of judgment of Supreme Court before costs are ascertained 84. Enlargement of time 85. Power to make up deficiency of court fees 86. Procedure of courts in England may be followed in certain cases 87. Saving of inherent powers of court 88. Amendment of judgments or orders 89. General power to amend AN ORDINANCE to make provision for procedure in civil courts in Ascension. PART I PRELIMINARY Short title and application 1. (1) This Ordinance may be cited as the Civil Procedure (Ascension) Ordinance, 1968. (2) This Ordinance applies to all civil proceeding in the Supreme Court and in the Magistrates’ Court. Interpretation 2. In this Ordinance, unless the context otherwise requires— “action” means a civil proceeding commenced by plaint or in any other manner prescribed by rules of court; “cause” means any action, suit or other original civil proceeding between a plaintiff and defendant, but does not include any matrimonial cause; “court” means a court exercising civil jurisdiction; “defendant” includes any person served with any writ of summons or process or served with notice of, or entitled to attend any proceedings; “foreign court” means a court outside St Helena, Ascension or Tristan da Cunha that does not have jurisdiction in Ascension; “foreign judgment” means the judgment of a foreign court; “Government” means the Government of Ascension; “judge” includes a Justice of the Peace exercising civil jurisdiction in a Magistrates’ Court; “judgment” means the formal expression of an adjudication in an action which, so far as regards the court expressing it, conclusively determines the rights of the parties with 5 regard to all or any of the matters in controversy in the action and includes a decree; “judgment-creditor” means any person in whose favour a judgment or an order capable of execution has been pronounced or made, and includes the assignee of such judgment or order; “judgment debtor” means any person against whom a judgment or an order capable of execution has been pronounced or made; “Magistrates’ Court” means the court established under the Magistrates’ Court (Ascension) Ordinance, 1968; “matter” includes every civil proceeding in a court not in a cause; “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received from the property, together with interest on such profits, but does not include profits due to improvements made by the person in wrongful possession; “movable property” includes growing crops; “order” means the formal expression of any adjudication or decision of a court which is not a judgment, and includes a rule nisi; “Ordinance” includes rules of court; “party” includes every person served with notice of or attending any civil proceeding although not named on the record; “personal representative” means a person who in law represents the estate of a deceased person, and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued; “plaintiff” includes every person seeking any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of civil proceeding, whether that proceeding is by action, suit, petition, motion, summons or otherwise; “pleading” includes any petition or summons, and the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant to the claim or demand, and of the reply of the plaintiff to any defence or counterclaim of a defendant; “prescribed” means prescribed by rules of court; “rules of court” means rules and forms made by the Chief Justice under section 74 of this Ordinance or section 89(2) of the Constitution to regulate the procedure of courts; “share in a corporation” includes stock, debenture stock, debentures, or bonds. Savings 3. In the absence of any specific provision to the contrary, nothing in this Ordinance limits or otherwise affects any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law in force. Pecuniary jurisdiction 4. Except as otherwise expressly provided, this Ordinance does not confer upon any court jurisdiction in causes or matters the amount or value of the subject matter of which exceeds the pecuniary limits, if any, of its ordinary jurisdiction. PART II GENERAL 6 Courts to try all proceedings unless barred 5. Subject to this Ordinance, any court has jurisdiction to try all causes and matters of a civil nature excepting causes and matters in respect of which its cognisance is either expressly or impliedly barred. Stay of proceedings 6. (1) No court may proceed with the trial of any cause or matter in which the question in issue is also directly and substantially in issue in a previously instituted cause or matter between the same parties (or between parties under whom they or any of them claim, litigating under the same title) if the previously instituted cause or matter is pending – (a) in that court; (b) in any other court which has jurisdiction in St Helena, Ascension or Tristan da Cunha to grant the relief claimed; or (c) before Her Majesty in Council. (2) The fact that a cause or matter is pending in a foreign court does not preclude a court from trying a cause or matter in which the same questions or any of them are in issue in such cause or matter in the foreign court. Res judicata 7. (1) No court may try any cause, matter or issue in which the question directly and substantially in issue has been directly and substantially in issue in a former cause or matter— (a) between the same parties; or (b) between parties under whom the parties or any of them claim, litigating under the same title, in a court competent to try that subsequent cause, matter or issue if the question has been heard and finally determined by that court. (2) For the purpose of subsection (1)— (a) the question directly and substantially in issue must in the former cause or matter have been alleged by one party and either denied or admitted, whether expressly or by implication, by the other; (b) any question which might or ought to have been made an issue, whether by the plaintiff or the defendant, in the former cause or matter is deemed to have been a matter directly or substantially in issue in that cause or matter; (c) any relief claimed in a cause or matter which is not expressly granted by the judgment or order pronounced or made in it is deemed to have been refused; (d) if persons litigate bona fide in respect of— (i) a public right; or (ii) a private right claimed in common for themselves and others, all persons interested in the right are deemed to claim under the persons so litigating; (e) the competence of a court is to be determined irrespective of any provision relating to a right of appeal from the decision of the court. (3) In this section, “former cause or matter” means a cause or matter which has 7 been decided prior to the cause or matter in question, whether or not it was instituted prior to it. Bar to further proceedings 8. If a plaintiff is precluded by rules of court from instituting a further cause or matter in respect of any particular cause of action, the plaintiff is not entitled to institute that further cause or matter. When foreign judgment not conclusive 9. A foreign judgment or order is conclusive as to any matter that it directly adjudicates upon between the same parties or between parties under whom they or any of them claim, litigating under the same title, unless the judgment or order— (a) has not been pronounced or made by a court of competent jurisdiction; (b) has not been pronounced or made on the merits of the case; (c) appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the laws of Ascension in cases in which any such law is applicable; (d) was obtained in proceedings which are opposed to natural justice; (e) has been obtained by fraud; (f) sustains a claim founded on a breach of any law in force in Ascension. Presumption as to foreign judgments 10. The court must presume, upon the production of any document purporting to be a certified copy of a foreign judgment or order, that the judgment or order was pronounced or made by a court of competent jurisdiction, unless the contrary appears on the record; but the presumption may be rebutted by proving lack of jurisdiction. Jurisdiction of civil courts 11. (1) All causes and matters of a civil nature must be instituted in the Supreme Court; except that in any case in which the Magistrates’ Court has jurisdiction under the Magistrates’ Court (Ascension) Ordinance, 1968, the cause or matter must be instituted in the Magistrates’ Court. (2) Whenever for the purposes of jurisdiction or court fees it is necessary to estimate the value of the subject matter of an action capable of a monetary valuation, the plaintiff must, when instituting the action, subject to the provisions of any rules of court, fix the amount at which the plaintiff values the subject matter; but if the court is of the opinion that the relief sought is wrongly valued the court must fix the value and amend the plaint accordingly. (3) In any class of cause or matter where the subject matter does not admit of being satisfactorily valued, a rule of court may prescribe that causes or matters of that class are to be treated as if their subject matter were of a value specified in the rule. (4) In any cause or matter where it is impossible to estimate the subject matter at a monetary value in which, by reason of any finding or order of the court. a declaration of ownership of any money or property is made, no judgment or order may be pronounced or made for an amount on the claim exceeding the pecuniary limits of the ordinary jurisdiction of 8 the court. (5) Notwithstanding the foregoing provisions of this section, any action may be instituted in the Supreme Court which could have been commenced in the Magistrates’ Court, and in such a case, if the plaintiff recovers— (a) a sum not exceeding £75 - the plaintiff is not entitled to any costs; (b) a sum exceeding £75 but not exceeding the pecuniary limits of the jurisdiction of the Magistrates’ Court - the plaintiff is not entitled to more costs than the amount to which the plaintiff would have been entitled if the action had been commenced in the Magistrates’ Court, unless, in either such case, the Chief Justice allows costs on the Supreme Court scale. Power of Supreme Court to withdraw and transfer cases 12. (1) On the application of any of the parties, and after notice to the parties and after hearing such of them as desire to be heard, or on its own initiative without such notice, the Supreme Court may at any stage— (a) transfer any cause or matter pending before it for trial or disposal to the Magistrates’ Court; or (b) withdraw any cause or matter pending in the Magistrates’ Court and— (i) try or dispose of it; or (ii) retransfer it for trial or disposal to the court from which it was withdrawn. (2) If any cause or matter has been transferred or withdrawn under subsection (1), the Magistrates’ Court may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the stage at which it was transferred or withdrawn. Institution of proceedings, etc 13. Rules of court must prescribe how every cause or matter is to be instituted, and how further proceedings in it or connected with it are to be regulated, Ascension cases 13A. (1) The Supreme Court may hold civil sessions in Ascension for the trial of civil causes arising within Ascensiony. (2) The Chief Justice may, at his or her discretion, transfer or adjourn cases from the sessions in Ascension for trial at sessions in St Helena. (3) The Administrator may from time to time appoint officers of the Court at the sessions on Ascension, and in the absence of such appointments the officers of the Court in St Helena are to exercise authority in Ascension. Service if defendant resides in St Helena or Tristan da Cunha 9 14. (1) Any process or document in connection with a cause or matter which is addressed to and requires to be served upon a person residing in St Helena or Tristan da Cunha may be forwarded by the court of issue to a court having jurisdiction in that territory with a request that the process or document be served on that person. (2) If a court in Ascension receives a process or document issued by a court in St Helena or Tristan da Cunha, with a request that the process or document be served on the person named in it, the court must proceed as if the process or document had been issued by itself and must subsequently make a return of service to the court of issue together with the record of its proceedings, if any, in relation to the process or document. Power to order discovery, etc. 15. Subject to any prescribed conditions and limitations, the court may at any time either on its own initiative or on the application of any party— (a) make any orders that are necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding, and return of documents or other material objects producible as evidence; (b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as mentioned in paragraph (a); (c) order any fact to be proved by affidavit. Summons to witness 16. Sections 14 and 15 apply to summonses to give evidence or to produce documents or other material objects in the same manner as they apply to other processes. Penalty for default 17. The court may compel the attendance of any person to whom a summons has been issued under section 15, and who has failed to appear in answer to the summons, and for that purpose may— (a) issue a warrant for the arrest of any such person; (b) attach and sell the person’s property; (c) impose a civil penalty on the person not exceeding £50; (d) order the person to provide security for appearance, and in default treat the person as being in contempt of court. Judgment 18. Once a court has heard or otherwise determined a cause or matter in the prescribed manner, the court must pronounce judgment or, as the case may be, make an order, and thereafter the judgment or order must be entered in the prescribed manner. Interest 19. (1) If an agreement for the payment of interest is sought to be enforced, and the court is of opinion that the rate agreed to be paid is harsh and unconscionable and ought not to be enforced by legal process, the court may give judgment for the payment of interest at a 10 rate it thinks just. (2) If and in so far as a judgment is for the payment of money, the court may order interest at a rate the court considers reasonable to be paid on the principal sum adjudged, from the date of the institution of the action to the date of judgment, in addition to any interest adjudged on the principal sum for any period prior to the institution of the action, with further interest at rate the court deems reasonable on the total sum so adjudged from the date of judgment to the date of payment or to any earlier date the court thinks fit. Costs 20. (1) Subject to any prescribed conditions and limitations, and to any law in force, the costs of and incidental to all causes, matters and issues are in the discretion of the court and the court has full power to– (a) decide by whom and out of what property and to what extent the costs are to be paid; and (b) give all necessary directions for that purpose aforesaid. (1A) The fact that the court has no jurisdiction to try the cause or matter is no bar to the exercise of the powers conferred by subsection (1), but the costs of any cause, matter or issue must be awarded to the party in whose favour the judgment or order in the cause, matter or issue is pronounced or made unless the court, for reasons to be recorded in writing, otherwise orders. (2) The court may order interest on costs to be paid at any rate not exceeding 10% per annum and the interest must be added to the costs and are recoverable as such. PART III EXECUTION Application to orders 21. The provisions of this Ordinance relating to the execution of judgments apply, so far as they are applicable, to the execution of orders. Definition of “court which pronounced judgment” 22. In this Part, “court which pronounced a judgment”, or words that have a similar meaning, include, in relation to the execution of judgments and unless the context otherwise requires— (a) if the judgment to be executed has been pronounced by a court in the exercise of its appellate jurisdiction - the court of first instance; (b) if the court of first instance has ceased to exist or to have jurisdiction to execute the judgment - the court which, if the cause or matter in which the judgment was pronounced were instituted at the time of making the application for the execution of the judgment, would have jurisdiction to try the cause or matter. Court by which judgment may be executed 23. A judgment may be executed either by the court by which it was pronounced or 11 by the court to which it is sent for execution. Transfer of judgment 24. (1) The court which pronounced a judgment may, on the application of the judgment-creditor, and in the prescribed manner, send the judgment for execution to the St Helena Magistrates’ Court— (a) if the person against whom the judgment is pronounced actually and voluntarily resides, or carries on business, or personally works for gain, in St Helena; or (b) if the person has no property within Ascension sufficient to satisfy such judgment and has property in St Helena; or (c) if the court which pronounced the judgment considers for any reason, which it must record in writing, that the judgment should be executed in St Helena.3 (2) The Supreme Court may on its own initiative send a judgment pronounced by it for execution to a court of inferior but competent jurisdiction. Result of execution proceedings to be certified 25. The Magistrate’s Court on receiving for execution a judgment of a court in Tristan da Cunha must execute the same as if it were a judgment pronounced by itself and must certify to such court the fact of such execution, or if it fails to execute such judgment, the circumstances of such failure. Power of courts in executing transferred judgment 26. (1) A court executing a judgment sent to it under section 24 has the same powers in executing the judgment as if it were a judgment of that court. (2) All persons disobeying or obstructing the execution of the judgment are punishable by the court in the same manner, and its orders in executing the judgment are subject to the same rules of court in respect of appeal, as if it were a judgment of that court. Questions to be determined by the court executing judgment 27. (1) All questions arising between the parties to the cause or matter in which the judgment was pronounced, or their representatives, and relating to the execution, discharge, or satisfaction of the judgment, must be determined by the court executing the judgment and not by separate proceedings. (2) For the purposes of this section, a plaintiff whose cause or matter has been dismissed, and a defendant against whom a cause or matter has been dismissed, are parties to the cause or matter. 3 Enforcement in Ascension of judgements of the courts of St Helena or Tristan da Cunha is governed by the Courts (Extension of Jurisdiction)(Ascension) Ordinance, 2016. Enforcement in Tristan da Cunha is not available until an equivalent law is enacted there. 12 Execution barred in certain cases 28. (1) If an application has been made for the execution of a judgment, not being a judgment granting an injunction, and the application has been heard and determined, no order for the execution of the judgment may be made upon any fresh application presented after the expiration of 12 years from— (a) the date of the judgment sought to be executed; or (b) if the judgment or any subsequent order directs any payment of money, or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the judgment. (2) Nothing in this section— (a) precludes the court from ordering the execution of a judgment upon an application presented after the expiration of 12 years if the judgment debtor has, by fraud or force, prevented the execution of the judgment at some time within 12 years immediately before the date of the application; or (b) limits or otherwise affects the operation of any law of limitation in force in Ascension. Transferee 29. Every transferee of a judgment holds the judgment subject to the rights and remedies, if any, which the judgment debtor might have enforced against the original judgment-creditor. Personal representative 30. (1) If a judgment debtor dies before the judgment has been fully satisfied, the judgment-creditor may apply to the court which pronounced the judgment to execute the judgment against the personal representative of the deceased, or against any person who has intermeddled with the estate of the deceased. (2) If the judgment is executed as provided in subsection (1) against a personal representative, or other person, the personal representative or that person is liable only to the extent of the property of the deceased which has come to the hands of the personal representative or other person and has not been duly disposed of; and, for the purpose of ascertaining such liability, the court executing the judgment may, on its own initiative or on the application of the judgment-creditor, compel the personal representative or person to produce accounts as the court thinks fit. Powers of court to enforce execution 31. Subject to any prescribed conditions and limitations, the court may, on the application of the judgment-creditor, order execution of a judgment— (a) by delivery of any property specifically ordered to be delivered or recovered; (b) by the attachment and sale, or by sale without attachment, of any property; (c) by the attachment of debts; (d) by appointing a receiver; or 13 (e) in any other manner that the nature of the relief granted requires. Enforcement of judgment against personal representative 32. (1) If a judgment is pronounced against a party as the personal representative of a deceased person, and the judgment is for the payment of money out of the property of the deceased person, it may be executed by the attachment and sale of any such property. (2) If no such property remains in the possession of the judgment debtor, and the judgment debtor fails to satisfy the court that any property of the deceased person that is proved to have come into the possession of the judgment debtor has been duly applied, the judgment may be executed against the judgment debtor to the extent of the property in respect of which the judgment debtor has failed so to satisfy the court in the same manner as if the judgment had been against the judgment debtor personally. Sections 33 – 36. Omitted as repealed Property liable to attachment and sale in execution of judgment 37. (1) The following property is liable to attachment or attachment and sale in execution of a judgment, namely – (a) goods, money, bank notes, cheques, bills of exchange, promissory notes, Government securities, bonds or other securities for money, debts, salary or wages (even if the salary or wages had not accrued due at the time of attachment) and shares in a corporation; and (b) except as hereinafter provided, all other movable property belonging to the judgment debtor, or over which or the profits of which the judgment debtor has a disposing power which can be exercised for the benefit of the judgment debtor, whether held in the name of the judgment debtor or by another person in trust for the judgment debtor or on the judgment debtor’s behalf. (1A) The following are not liable to attachment or sale— (a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment debtor and of his or her spouse and children; (b) tools of artisans, and if the judgment debtor is an agriculturalist, any implements of husbandry and livestock and agricultural produce not exceeding in value £25 that in the opinion of the court are necessary to enable the judgment debtor to earn a livelihood; (c) books of account; (d) a mere right to sue for damages; (e) any right of personal service; (f) any stipend or gratuity allowed to pensioners of the Crown or the dependents of such pensioners; (g) the salary or wages of any public officer or any person privately employed to the extent of one half of such salary or wages; (h) an expectancy of succession by survivorship or other merely contingent or possible right or interest; (i) a right of future maintenance; (j) any fund or allowance declared by law to be exempt from attachment or sale in 14 execution of a judgment. (2) Any stipend, gratuity, pension or salary mentioned in paragraphs (f) and (g) and any fund or allowance mentioned in paragraph (j) of subsection (1A) is exempt from attachment whether before or after it is actually payable. (3) Subject to paragraph (g) of subsection (1A), in the case of the salary of any public officer or any person privately employed, the attachment must be made by a written order requiring the officer or person whose duty it is to disburse the salary to withhold every month a portion as the court directs until the further orders of the court. (4) This section does not affect the provisions of the Army Act 1955 (UK) or of any similar law for the time being in force. Seizure of property in dwelling house 38. (1) A person in executing any process under this Ordinance that directs or authorises the seizure of movable property must not enter any dwelling house after sunset and before sunrise. (2) No outer door of a dwelling house may be broken open unless the dwelling house is in the occupancy of a judgment debtor who refuses or in any way prevents access to it; but a person executing process who has duly gained access to a dwelling house may break open the door of any room in which the person has reason to believe there is any property liable to attachment or sale under the process. Property attached in execution of judgments of several courts 39. (1) If property not in the custody of any court is under attachment in execution of judgments of the Supreme Court and or the Magistrates’ Court, the Supreme Court must receive and realise such property and determine any claim to it and any objection to the attachment of it. (2) This section does not invalidate any proceeding taken by a court executing a judgment of such a kind. Private alienation of property after attachment to be void 40. If an attachment has been made, any private transfer or delivery of the property attached or of any interest in it, and any payment to the judgment debtor of any debt, dividend,, or other money contrary to such attachment is void as against all claims enforceable under the attachment. Documents of title to immovable property to be filed with court before sale 41. (1) The court may order the sale of any immovable property in execution of a judgment, but must not proceed further with the sale until the documents of title to the property have been filed with the court. (2) The court ordering a sale may order the judgment debtor to deliver up the 15 documents of title to the property ordered to be sold or to appear and show cause why such documents should not be delivered up. (3) It is a contempt of court for a judgment debtor wilfully to refuse or neglect to comply with an order under subsection (2). (4) Repealed by Ord. A3 of 1985 Purchaser’s title 42. If immovable property is sold in execution of a judgment, the sale becomes absolute on the payment of the full purchase price to the court, or to the officer appointed by the court to conduct the sale. Purchase on behalf of judgment-creditor not valid 43. (1) Subject to subsection (2), no action may be maintained against any person claiming title under a purchase of immovable property sold in execution of a judgment on the ground that the purchase was made on behalf of the judgment-creditor or on behalf of someone through whom the judgment-creditor claims. (2) Subsection (1) does not – (a) bar an action to obtain a declaration that the name of any purchaser as described in that subsection was inserted in the conveyance fraudulently or without the consent of the real purchaser; or (b) prejudicially affect the right of a third person to proceed against that property, though ostensibly sold to the purchaser, on the ground that it is liable to satisfy a claim of the third person against the real owner. Distribution of assets 44. (1) If property of a judgment debtor is held by any court and more judgment-creditors than one have before the receipt of those assets by the court filed applications in court for the execution of judgments for the payment of money against the judgment debtor and have not obtained satisfaction of them, the property, after deducting the costs of realisation, must be distributed amongst the judgment-creditors in accordance with the priorities of the lodging of their several applications. (2) If any property is sold subject to a mortgage or charge, the mortgagee or person entitled to the benefit of the charge is not entitled to share in any surplus arising from the sale. Resistance to execution 45. If the court is satisfied that— (a) a person who has obtained a judgment for the delivery or recovery of immovable property; or (b) the purchaser of immovable property sold in execution of a judgment, has been resisted or obstructed in obtaining possession of the property by the judgment debtor or some person on behalf of the judgment debtor, and that such resistance or obstruction was without any just cause, the court may, at the instance of the judgment-creditor or the purchaser, 16 as the case may be, treat the judgment debtor as being in contempt of court and direct that the judgment-creditor or the purchaser, as the case may be, be put in possession of the property. PART IV INCIDENTAL PROCEEDINGS Power of court to issue commissions 46. (1) Subject to any prescribed conditions and limitations, a court may issue a commission— (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition. (2) A commission for the examination of any person may be issued— (a) by the Supreme Court; or (b) with the leave of the Supreme Court, by the Magistrates’ Court, to the Magistrates’ Court in St Helena or the Magistrate’s Court in Tristan da Cunha. Commission from a court in St Helena or Tristan da Cunha 47. The Magistrates’ Court on receiving a commission for the examination of any person from a Magistrates’ Court in St Helena or Tristan da Cunha must examine the person pursuant thereto, and the commission, when it has been duly executed, must be returned together with the evidence taken under it to the court by which it was issued. Letter of request 48. The Supreme Court may issue a letter of request to examine a witness residing at any place not within St Helena, Ascension or Tristan da Cunha, for the purpose of proceedings in that court or in the Magistrates’ Court. Commissions issued by foreign courts 49. Commissions issued by foreign courts for the examination of persons in Ascension must be executed and returned in the prescribed manner. PART V ACTIONS IN PARTICULAR CASES When aliens may sue 50. Repealed by Ord. A3 of 1985 When foreign State may sue 51. (1) A foreign State may sue in any court of Ascension if— (a) such State has been recognised by Her Majesty; and 17 (b) the object of the action is to enforce a private right vested in the head of such State or in any officer of such State in his or her public capacity. (2) Every court must take judicial notice of the fact that a foreign State has or has not been recognised by Her Majesty. When interpleader action may be instituted 52. (1) If 2 or more persons claim adversely to one another the same debt, sum of money, or other property, movable or immovable, from another person, who claims no interest in it other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, that other person may— (a) apply to the court for relief by way of interpleader; or (b) if an action dealing with the same subject matter is pending, intervene by motion on notice in such action, for the purpose of obtaining a decision as to the person to whom payment or delivery must be made, and of obtaining indemnity for the applicant or intervener. (2) If any action is pending in which the rights of all parties can be properly determined, no application for relief by way of interpleader may be made. PART VI SPECIAL PROCEEDINGS Arbitration 53. Rules of court must prescribe the manner in which a reference to arbitration by an order in a cause or matter may be made, and how proceedings under any such reference are to be conducted. Power to state case for opinion of court 54. If any persons agree in writing to state a case for the opinion of the court, the court must try and determine the same in the manner prescribed. Public nuisances 55. (1) In the case of a public nuisance the Chief Secretary, or 2 or more persons having the consent in writing of the Chief Secretary, may institute an action, even though no special damage has been caused, for a declaration and injunction, or for such other relief as may be appropriate to the circumstances of the case. (2) Subsection (1) does not limit or otherwise affect any right of action which may exist independently of its provisions. Public charities 56. If any breach of a trust created for public purposes of a charitable or religious nature is alleged, or if the direction of the court is considered necessary for the administration of any such trust, the Attorney General, or 2 or more persons having an interest in the trust who 18 have obtained the consent in writing of the Attorney General, may apply to the Supreme Court for an order— (a) removing any trustee; (b) appointing a new trustee; (c) vesting any property in trustees; (d) directing accounts and inquiries; (e) declaring what proportion of the trust property or of the interest in it is to be allocated to any particular object of the trust; (f) authorising the whole or any part of the trust property to be let, sold, mortgaged, or exchanged, (g) settling a scheme; or (h) granting any further or other relief as the nature of the case may require. PART VII SUPPLEMENTARY PROCEEDINGS Supplementary proceedings 57. In order to prevent the ends of justice from being defeated the court may— (a) issue a warrant to arrest a defendant and bring him or her before the court to show cause why the defendant should not provide security for his or her appearance, and if the defendant fails to comply with any order for security, treat the defendant as being in contempt of court; (b) direct a defendant to provide security to produce any property belonging to the defendant and to place it at the disposal of the court, or order the attachment of any property; (c) grant a temporary injunction, and in case of disobedience treat the person as being in contempt of court and order that the person’s property be attached and sold; (d) appoint a receiver of any property and enforce the performance of the receiver’s duties by attaching and selling the receiver’s property; (e) make any other orders pending the final determination of the rights of the parties that appear to the court to be just and convenient. PART VIII APPEALS Appeals from original judgments and orders Appeals from judgments of Magistrates’ Court 58. Unless otherwise expressly provided by this Ordinance, an appeal lies to the Supreme Court from the judgments or any part of the judgments of the Magistrates’ Court, and from the orders of the Magistrates’ Court. Appeals from judgments of Supreme Court 59. Unless otherwise expressly provided by this Ordinance, and subject to the Superior Courts Ordinance, 2016, an appeal lies to the Court of Appeal from the judgments or any part of the judgments of the Supreme Court, and from the orders of the Supreme Court. 19 Appeal from original judgment 60. (1) An appeal may lie under this Part from an original judgment or order pronounced or made ex parte. (2) No appeal lies from a judgment or order pronounced or made by the court with the consent of the parties in the cause or matter. No appeal from final judgment if no appeal from interlocutory judgment 61. If any party aggrieved by an interlocutory judgment or order from which the party is entitled to appeal does not appeal from the judgment or order, the party is precluded from disputing its correctness in any appeal which may be preferred from the final judgment or order. Error or irregularity not affecting merits or jurisdiction 62. A judgment or order must not be set aside, reversed or substantially varied, nor must any case be remanded, on appeal on account of any misjoinder of parties of causes of action or any error, defect or irregularity in any proceedings in the cause or matter which does not affect the merits of the case or the jurisdiction of the court. Appeals from appellate judgments and orders Second appeal 63. (1) Unless otherwise expressly provided in this Ordinance or by any other law in force, and subject to the Superior Courts Ordinance 2016, an appeal lies to the Court of Appeal from every judgment or order pronounced or made on appeal by the Supreme Court, on any of the following grounds, and none other, namely that— (a) the decision is contrary to law or to some usage having the force of law; (b) the decision failed to determine some material issue of law or usage having the force of law; (c) a substantial error or defect in observing the procedure provided by this Ordinance, or by any other law for the time being in force, may have produced an error or defect in the decision of the case upon the merits. (2) An appeal may lie under this section from an appellate judgment or order pronounced or made ex parte. Meaning of “order” in preceding sections 64. For the purposes of sections 60 to 63 “order” means the formal expression of an adjudication by a court in a matter which conclusively determines the rights of the parties with regard to the matters in dispute in the matter. No second appeal in certain actions 65. No second appeal lies in any cause or matter where the amount or value of the 20 subject matter of the original cause or matter does not exceed £50, unless special leave has been first obtained from the Supreme Court or the Court of Appeal. Appeals from other orders Orders from which appeal lies 66. (1) An appeal lies from the following orders, and, except as otherwise expressly provided in this Ordinance, or by any law in force, from no other orders— (a) an order superseding an arbitration where the award has not been completed within the period allowed by the court; (b) an order on an award stated in the form of a special case; (c) an order modifying or correcting an award; (d) an order staying or refusing to stay a cause or matter where there is an agreement to refer to arbitration; (e) an order filing or refusing to file an award in an arbitration without the intervention of the court; (f) an order imposed on a person who is found to be in contempt of court under this Ordinance; (g) any order made under rules of court from which an appeal is expressly allowed by rules of court. (2) No appeal lies from any order made on appeal under this section. (3) In this section and in section 67, “order” means any order other than an order defined in section 64 of this Ordinance. Other orders 67. (1) Except as otherwise expressly provided, no appeal lies from any order made by a court in the exercise of its original or appellate jurisdiction; but, on any appeal, an error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal. (2) Notwithstanding subsection (1), a party aggrieved by an order from which an appeal lies who does not appeal from it is subsequently precluded from disputing its correctness. What courts to hear appeal 68. If an appeal lies from any order, it lies to the court to which an appeal would lie from the judgment in the cause in which the order was made. Limitation for appeals 69. (1) Except as otherwise specifically provided in any other law, every appeal must be entered— (a) within 60 days of the date of the judgment or order of the court appealed against; or (b) within 7 days of the date of the order of a Registrar appealed against, 21 but the appellate court may for good cause admit an appeal even if the period of limitation prescribed by this subsection has elapsed. (2) In computing the period of limitation prescribed by subsection (1), the time taken by the court or the Registrar in making a copy of the judgment or order appealed against and of the proceedings upon which it is founded must be excluded. General provisions relating to appeals Power of appellate court 70. (1) Subject to any prescribed conditions and limitations, an appellate court in the exercise of its appellate jurisdiction may— (a) determine a case finally; (b) remand a case; (c) frame issues and refer them for trial; (d) take additional evidence or require such evidence to be taken; (e) order a new trial. (2) Subject to any prescribed conditions and limitations, an appellate court has the same powers and must perform as nearly as may be the same duties as are conferred and imposed by this Ordinance on courts of original jurisdiction in respect of causes or matters instituted in them. Procedure in appeals from appellate judgments and orders 71. The provisions of this Part relating to appeals from original judgments and orders apply,, as far as may be, to appeals from— (a) appellate judgments and orders; and (b) orders made under this Ordinance or under any special law in which a different procedure is not provided. PART IX REVISION Revision by original court 72. Any person aggrieved by a judgment or order from which no appeal is allowed by this Ordinance may apply for a revision of the judgment or order to the court which pronounced the judgment or made the order, and the court may make any order on such an application it thinks fit. Revision by Supreme Court 73. (1) The Supreme Court may call for the record of any cause or matter which has been determined under this Ordinance by the Magistrates’ Court, and if it appears that the Magistrates’ Court has— (a) exercised a jurisdiction not vested in it by law; (b) failed to exercise a jurisdiction so vested; or (c) acted in the exercise of its jurisdiction illegally or with material irregularity or 22 injustice, the Supreme Court may revise the judgment or order pronounced or made in the cause or matter and may make any order in it as the Supreme Court thinks fit:

(2) The power of revision must not be exercised— (a) unless the parties have first been given the opportunity of being heard; or (b) if, from lapse of time or other cause, the exercise of the power would involve serious hardship to any person. PART X MISCELLANEOUS Matters for which provision may be made by rules 74. The Chief Justice may make rules of court, not inconsistent with this Ordinance, to provide for any matter relating to the procedure of the courts in the exercise of their civil jurisdiction, and without limiting that power, the rules may provide for all or any of the following matters— (a) the service of writs, summonses, notices and other processes and the proof of such service; (b) the scale of fees and charges to be paid in respect of proceedings under this Ordinance; (c) the maintenance and custody, while under attachment, of livestock and other moveable property, the fees payable for such maintenance and custody, the sale of such livestock and property, and the proceeds of such sale; (d) procedure by way of counterclaim and the valuation of such counterclaims for the purposes of jurisdiction; (e) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment of debts; (f) procedure where a defendant claims to be entitled to contribution, indemnity or other relief or remedy against any person whether or not a party to the cause or matter; (g) summary procedure— (i) in actions in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest; arising on a contract express or implied, or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only, or on a trust; or (ii) in actions for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined for non-payment of rent, or against persons claiming under such tenant; (h) procedure in actions where the plaintiff seeks to recover a sum of money not exceeding £50; (i) procedure by way of originating summons; (j) consolidation of causes, matters, appeals and other proceedings; (k) delegation to the Registrar, or a deputy Registrar or other official of the court of any judicial, quasi-judicial or non-judicial functions and duties; and (l) all forms, registers, books, entries and accounts which may be necessary or 23 desirable for the transaction of the business of civil courts. Arrest other than in execution of judgment 75. Omitted Exemption from arrest under civil process 76. Omitted Assessors in Admiralty causes 77. (1) In any Admiralty or Vice-Admiralty cause the court may, if it thinks fit, and must upon request of either party to such cause, summon to its assistance, in a manner it directs, one or more assessors to advise the court on any matter requiring nautical or professional knowledge; and any such assessor must attend and assist accordingly. (2) Every such assessor must receive the prescribed fees for his or her attendance, to be paid in a manner the court directs. (3) It is an offence for a person summoned to attend as an assessor – (a) without lawful excuse, to fail to attend as required by the summons; (b) having attended, to depart without the permission of the court; or (c) to fail to attend after adjournment of the court, after being ordered to attend. Penalty: A fine of £25. Oath on affidavit: by whom to be administered 78. If any affidavit is to be sworn under this Ordinance— (a) any court, the Registrar, a Justice of the Peace, or a Commissioner for Oaths; or (b) any officer or other person whom the Supreme Court may appoint in that behalf, may administer the oath to the deponent. Orders and notices to be in writing 79. All orders or notices served on or given to any person under this Ordinance must be in writing. Application for restitution 80. (1) If and in so far as a judgment or order is varied or reversed on appeal or revision – (a) the court of first instance must, on the application of the party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position they would have occupied but for such judgment or order, or such part thereof as has been varied or reversed; and (b) for that purpose the court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation, and mesne profits, as are properly consequential on such variation or reversal. 24 (2) No action may be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under subsection (1). Enforcement of liability of surety 81. (1) If any person has become liable as surety for— (a) the performance of any judgment or order or any part of any judgment or order; (b) the restitution of any property taken in execution of a judgment or order; or (c) the payment of any money, or the fulfilment of any condition imposed on any person, under a judgment or order of the court in any cause or matter or in any proceeding consequent on it, the judgment or order may be executed against the person, if an individual, to the extent to which the person has rendered himself or herself personally liable, in the manner provided in this Ordinance for the execution of judgments and orders, and such person is for the purposes of appeal a party. (2) Before the execution of any judgment or order under subsection (1), notice in writing of the application for such execution, as the court in each case thinks sufficient, must be given to the person who has become liable as surety. Consent or agreement by persons under disability 82. In all causes and matters in which any person under disability is a party, any consent or agreement relating to any proceeding, if given or made with the express leave of the court by the next friend or guardian for the cause or matter, has the same force and effect as if the person were under no disability and had given such consent or made such agreement. Execution of judgment of Supreme Court before costs are ascertained 83. If the Supreme Court considers it necessary that a judgment or order pronounced or made in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the cause or matter can be ascertained, the court may order – (a) that the judgment or order be executed forthwith, except as to so much of it as relates to the costs; and (b) as to so much of the judgment or order as relates to the costs, that the judgment or order may be executed as soon as the amount of the costs is ascertained. Enlargement of time 84. If any period of time is fixed or granted by the court for the doing of any act prescribed or allowed by this Ordinance. the court may enlarge the period, even if the period originally fixed or granted has expired. Power to make up deficiency of court fees 85. If the whole or any part of any prescribed fee has not been paid, the court may, at any stage of the proceedings, allow the person by whom the fee is payable to pay the whole or part, as the case may be, of the fee; and upon such payment the fee is deemed to have been 25 paid in full from the beginning. Procedure of courts in England may be followed in certain cases 86. If and in so far as no or insufficient provision is made by this or any other Ordinance or by rules of court in relation to the procedure to be observed in any cause or matter, such cause or matter may be— (a) instituted and continued; and (b) heard and determined, according to the procedure and practice of and in courts of justice in England according to their respective jurisdiction and authorities. Saving of inherent powers of court 87. This Ordinance does not limit or otherwise affect the inherent power of the court to make any orders that are necessary for the ends of justice or to prevent abuse of the process of the court. Amendment of judgments or orders 88. Clerical or arithmetical mistakes in judgments or orders, or errors arising in them from any accidental slip or omission, may at any time be corrected by the court either on its own initiative or on the application of any of the parties. General power to amend 89. The court may at any time, and on terms as to costs or otherwise it thinks fit, amend any defect or error in any pleadings in a cause or matter; and all necessary amendments must be made for the purpose of determining the real question or issue raised by or depending on any such pleading. ___________ CIVIL PROCEDURE ORDINANCE, 1968 CIVIL PROCEDURE RULES, 1969 (Made by the Chief Justice under section 74) TABLE OF CONTENTS PRELIMINARY 1. Citation and application 2. Interpretation ORDER 1 Parties 1. Joinder of plaintiffs 2. Joinder of defendants 3. Separate trials 26 4. When plaintiff in doubt from whom redress to be sought 5. One person may sue or defend on behalf of others 6. Misjoinder and non-joinder 7. Court may strike out or add parties 8. Appearance of one of several plaintiffs or defendants for others ORDER 2 Actions by or against corporations 1. Verification of proceedings 2. Service on corporation ORDER 3 Actions by or against firms and persons carrying on business in names other than their own 1. Name of firm may be used 2. Service 3. Appearance in action against firms 4. Execution in actions, etc, between partners 5. Actions, etc, against person carrying on business in name other than own ORDER 4 Actions by or against trustees, etc 1. Representation of beneficiaries in actions concerning trust property 2. Joinder of trustees, etc. ORDER 5 Actions by or against minors and persons of unsound mind 1. Minor to sue by next friend 2. Guardian ad litem for minor defendant 3. Who may act as next friend or be appointed guardian ad litem 4. Representation of minor 5. Agreement or compromise on behalf of minor 6. Retirement of next friend 7. Removal of next friend 8. Stay of proceedings on removal, etc, of next friend 9. Removal, etc, of guardian ad litem 10. Course to be followed by minor plaintiff or applicant on attaining majority 11. If co-plaintiff attaining majority desires to repudiate action 12. Moneys recovered by minors 13. Application to persons of unsound mind ORDER 6 Recognised agents and advocates 27 1. Appearances, etc. may be in person by recognised agent or advocate 2. Recognised agents 3. Service of process on recognised agent 4. Agent for acceptance of service of process ORDER 7 Frame of action 1. Action to include the whole claim, except part relinquished 2. Joinder of causes of action 3. Claims by or against executor, etc. 4. Separate trials 5. Declaratory judgment ORDER 8 Institution of proceedings 1. Actions to be commenced by plaint 2. Action Book ORDER 9 Pleadings generally 1. Pleading to state material facts and not evidence 2. Particulars to be given where necessary 3. Further and better particulars 4. New fact to be specially pleaded 5. Denial to be specific 6. Effect of document to be stated 7. Presumptions of law 8. Technical objection 9. Amendment of pleadings 10. Amendment to be filed and served 11. Reply to amendment 12. Pleading to be signed 13. Points of law may be raised by pleading 14. Dismissal of action 15. Striking out or amending pleading ORDER 10 Plaint 1. Particulars to be contained in plaint 2. Money actions 3. If the subject-matter is immovable property 4. If plaintiff sues as representative 5. Limitation 6. Relief claimed to be stated 7. Shop-books and accounts 28 ORDER 11 Issue and service of writ of summons 1. Writ of summons 2. If summons is for final disposal 3. Delivery of summons for service 4. Mode of service 5. Service on agent by whom defendant carries on business 6. Proof of service 7. Substituted service 8. Service on members of armed forces, police officers and prisoners 9. Service out of jurisdiction 10. Application to be supported by evidence 11. Time for delivering defence 12. Service where defendant is Commonwealth citizen, etc 13. If defendant is not Commonwealth citizen, etc. 14. Service in a foreign country 15. Service of foreign legal process in Ascension 16. General powers of the court 17. Interpretation ORDER 12 Defence and Counterclaim 1. Delivery of defence 2. Set-off and counterclaim 3. Pleading to damages 4. Persons in representative capacity 5. Counterclaim to be specific 6. Title of counterclaim 7. Claim against person not a party 8. Exclusion of set-off or counterclaim 9. Discontinuance 10. Judgment for balance 11. Subsequent pleadings ORDER 13 Third Party Procedure 1. Third party notice 29 ORDER 14 Death, insolvency and marriage of parties 1. Procedure where one of several plaintiffs or defendants dies and right to sue survive 2. Procedure in case of death of one of several parties or of sole party, etc. 3. Determination of question as to personal representative 4. Action not abated by marriage of female party 5. When plaintiff’s insolvency bars action 6. Procedure in case of assignment before judgment 7. Application of Order to appeals ORDER 15 Interrogatories, discovery and inspection 1. Discovery by interrogatories 2. Discovery of documents 3. Affidavit of documents 4. Production of documents 5. Inspection of documents referred to in pleadings or affidavits 6. Order for inspection 7. Verified copies 8. Noncompliance with order for discovery 9. Notice to produce documents in court ORDER 16 Admissions 1. Notice of admission 2. Judgment on admissions ORDER 17 Security for costs 1. Security for the costs of a defendant 2. Effect of failure to provide security ORDER 18 Payment into court 1. Defendant may pay money into court 2. Acceptance of money paid into court 3. Order for payment out of court in certain cases 4. Money remaining in court 5. Counterclaim 6. Money paid into court under order ORDER 19 Withdrawal and adjustment of actions 30 1. Withdrawal by plaintiff 2. Withdrawal by defendant 3. Withdrawal by consent 4. Stay of subsequent action 5. Limitation in subsequent action 6. Compromise ORDER 20 Setting down action for hearing; defendant failing to deliver defence, etc 1. Proceedings against infants and persons of unsound mind 2. Affidavit of service upon non-appearance 3. Judgment upon a liquidated demand 4. Liquidated demand against several defendants 5. Assessment of damages 6. Assessment where some defendants have delivered defences 7. General rule where no defence delivered 8. Setting down action for hearing 9. Setting aside judgment 10. Appearance by defendant in answer to a summons 11. When neither party appears, action dismissed 12. Plaintiff may bring fresh action or court may restore action to file 13. Procedure where plaintiff only appears 14, Procedure where defendant appears after commencement of hearing 15. Procedure where defendant only appears 16. Judgment against plaintiff by default bars fresh action 17. Procedure in case of non-attendance of one or more of several plaintiffs 18. Procedure in case of non-attendance of one or more of several defendants 19. Setting aside judgment ex parte against defendant 20. Application ORDER 21 Summoning and attendance of witnesses 1. Summons to attend to give evidence or produce documents 2. Expenses of witnesses 3. Time, place, and purpose of attendance to be specified in summons 4. Summons to produce documents 5. Power to require persons present in court to give evidence 6. Service of summons 7. Duty of persons summoned 8. Procedure where witness fails to comply with summons 9. Penalty for failure to comply with witness summons 10. Attendance of witnesses 11. Application of rules 8 and 9 12. Procedure where arrested witness cannot give evidence 13. Consequence of refusal of a party to give evidence 14. Rules as to witnesses to apply to parties 31 ORDER 22 Consolidation of actions and test actions 1. Consolidation of actions 2. Test actions ORDER 23 Hearing of the action, etc., and examination of witnesses 1. Right to begin 2. Order and production of evidence 3. Witnesses to be examined in open court 4. Recording of evidence 5. Particular question and answer may be provided 6. Objections 7. Power to examine witness immediately 8. Court may recall witness 9. Power of court to inspect ORDER 24 Prosecution of actions, etc., and adjournments 1. Court may grant time and adjourn hearing 2. Procedure where no application is made to restore action adjourned generally 3. Procedure where party fails to appear 4. Procedure where parties fail to produce evidence ORDER 25 Affidavits 1. Power to order fact to be proved by affidavit 2. Power to order attendance for cross-examination ORDER 26 Production, impounding and return of documents 1. Endorsements on documents admitted in evidence 2. Endorsements on copies of entries in books, etc. 3. Recording of admitted, and return of rejected, documents 4. Court may order document to be impounded 5. Return of documents 6. Court may send for court records 7. Application of Order to material objects ORDER 27 Commissions 32 1. Commission to examine witness outside Ascension 2. Examination of witness pursuant to commission 3. Return of Commission, etc. 4. Commissions to make investigations 5. Referee to examine accounts 6. Partition of immovable property 7. Expenses in advance 8. Powers of enquiry 9. Attendance and examination of witnesses 10. Parties to appear before commissioner ORDER 28 Arrest and attachment before judgment 1. When defendant may be called upon to provide security for appearance 2. Security 3. Defendant failing to provide security 4. Defendant may be called upon to provide security for production of property 5. Attachment of property 6. Mode of attachment 7. Saving of other rights 8. Property need not be re-attached in execution of judgment ORDER 29 Temporary injunctions and interlocutory orders 1. When temporary injunctions may be granted 2. Injunction to restrain repetition or continuance of breach 3. Notice to opposite party 4. Order may be discharged, varied or set aside 5. Power to order interim sale 6. Detention, preservation, inspection, etc, of property 7. Deposit of money, etc, in court ORDER 30 Receivers 1. Appointment of receivers 2. Remuneration ORDER 31 Judgments 1. Judgment, when pronounced 2. Judgment of Chief Justice 3. Judgment to be signed 4. Contents of judgment 5. Relief granted to be specified 6. Entry of judgment, etc 33 7. Payment by instalments 8. Possession and mesne profits 9. Administration action 10. Dissolution of partnership 11. Account between principal and agent, etc. 12. Set-off 13. Certified copies of judgment 14. Application to orders ORDER 32 Execution of judgments and orders 1. Payment of money under judgment 2. Execution of judgment 3. Form of application for execution 4. Execution of judgment by another court 5. Execution of judgments of other courts 6. Application for attachment of movable property not in judgment debtors possession 7. Application for execution by joint judgment-creditor 8. Procedure on receiving application for execution 9. Execution of cross claims under same judgment 10. Simultaneous executions 11. Process for execution 12. Endorsement of process 13. Stay of execution pending action between judgment-creditor and judgment debtor 14. Judgment for payment of money 15. Judgment for specific movable property 16. Judgment for specific performance or injunction 17. Enforcement of judgments for specific performance, etc. against corporation 18. Judgment for delivery of immovable property 19. Omitted 20. Omitted 21. Omitted 22. Examination of judgment debtor 23. Attachment of movable property 24. Attachment of property not in possession of judgment debtor 25. Attachment of share in movables as co-owner 26 Attachment of salary 27. Attachment of property in custody of court or public officer 28. Order for payment of coin or currency notes 29. Determination of attachment 30. Investigation of objections to attachment or claims to attached property 31. Procedure after investigation 32. Saving of actions to establish right to attached property 33. Sale of attached property 34. Time of sale 35. Adjournment or stoppage of sale 36. Restrictions on buying property 37. Irregularity in sale 38. Delivery of property sold 34 39. Rules of Supreme Court of England to apply in cases not provided for 40. Application to orders ORDER 33 Interpleader 1. Institution of proceedings 2. Matters to be proved by applicant 3. Stay of action 4. Order upon summons 5. Summary procedure 6. Order on claimant’s failure to appear ORDER 34 Procedure in Magistrates’ Court 1. Application of Order 2. Pleadings 3. Actions for debts not exceeding £200 4. Rules to apply ORDER 35 Miscellaneous applications by originating summons 1. Executors, administrators, etc. 2. Administration of estate or trust 3. Partnership 4. Practice upon application for summons 5. Evidence and directions upon hearing of summons 6. Power of court on hearing of summons ORDER 36 Appeals to the Supreme Court 1. Form of appeal 2. Grounds which may be taken in appeal 3. Appeal by one of several plaintiffs or defendants 4. Stay of proceedings 5. Register of appeals 6. Security for costs 7. Record of Magistrates’ Court 8. Notice of hearing 9. Non-appearance, of parties 10. Reinstatement of appeal 11. Re hearing on application of respondent 12. Power to direct respondents to be added 13. Remand by Supreme Court 14. Supreme Court, may determine case finally 15. Additional evidence in Supreme Court 16. Taking additional evidence 35 17. Power of the Supreme Court on Appeal 18. Judgment on appeal 19. Copy of judgment to be sent to Magistrates’ Court ORDER 37 Appeals from Orders 1. Appeals from orders as of right 2. Appeals from orders by leave 3. Practice ORDER 38 Revision 1. Power of Supreme Court to call for records 2. Powers of Supreme Court on revision 3. Discretion of court as to hearing parties 4. Supreme Court order to be certified to lower court ORDER 39 Procedure on Applications 1. Form of application 2. Notice to parties 3. Contents of application 4. Want of notice 5. Applications to be heard in chambers 6. Transfer from court to chambers, etc. ORDER 40 Time 1. Month defined 2. Exclusion of Sundays, etc. 3. Time expiring on Sunday or closed day 4. Power to enlarge time 5. Computation of days 6. Time of day of service ORDER 41 Miscellaneous 1. Costs of service 2. Service of orders and notices 3. Use of forms 4. Rules of procedure not contained in these rules ORDER 42 Powers and Duties of the Registrar 36 1. General 2. Reference to Chief Justice 3. Appeals from Registrar 4. Registers and accounts APPENDIX: Forms CIVIL PROCEDURE RULES, 1969 Preliminary Citation and application 1. The following Orders and Rules may be cited as the Civil Procedure Rules, and apply, as far as practicable, and unless otherwise expressly provided, to all causes and matters arising and to all proceedings taken on any causes and matters under the Civil Procedure Ordinance, 1968, or any Ordinance amending the same, hereinafter referred to as “the Ordinance”. Interpretation 2. Unless the context otherwise requires, words and expressions defined in the Ordinance have in these Rules the meanings thereby assigned to them. ORDER 1 Parties Joinder of plaintiffs 1. All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise. Joinder of defendants 2. All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if separate actions were brought against such persons, any common question of law or fact would arise. Separate trials 3. If it appears to the court that any joinder of plaintiffs or of defendants may embarrass or delay the trial of the action, the court may order separate trials or make such other order as may be expedient. When plaintiff in doubt from whom redress to be sought 4. When the plaintiff is in doubt as to the persons from whom the plaintiff is 37 entitled to obtain redress, the plaintiff may join 2 or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties. One person may sue or defend on behalf of others 5. (1) If there are numerous persons having the same interest in one action, one or more of them may, with the permission of the court, sue or be sued, or may defend in such action, on behalf of or for the benefit of all persons so interested; but the court must in such case give notice of the institution of the action to all such persons either by personal service or, where, from the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the court may direct. (2) Any persons on whose behalf or for whose benefit an action is instituted or defended under paragraph (1) may apply to the court to be made a party to such action. Misjoinder and non-joinder 6. No action is to be defeated by reason of the misjoinder or non-joiner of parties, and the court may in every action deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. Court may strike out or add parties 7. (1) At any stage of the proceedings in any action the court may, on such terms as it thinks just— (a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party; (b) order any person who ought to have been joined as a party or whose presence before the court is necessary to ensure that all matters in dispute in the action may be effectually and completely determined and adjudicated upon, be added as a party, but no person may be added as a plaintiff without the person’s consent. (2) If a defendant is added or substituted, the plaint must, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the writ of summons and of the plaint must be served on the new defendant, and, if the court thinks fit, on the original defendants. (3) For the purpose of limitation, the proceedings as against any person added or substituted as defendant are deemed to have begun only on the service of the writ of summons on the person. Appearance of one of several plaintiffs or defendants for others 8. (1) If there are more plaintiffs than one, any one or more of them may be authorised by any other of them to appear, plead, or act for such other in any proceedings, and in like manner, where there are more defendants than one, any one or more of them may be authorised by any other of them to appear, plead, or act for such other in any proceeding. 38 (2) The authority must be in writing signed by the party giving it and must be filed in the case. ORDER 2 Actions by or against corporations Verification of proceedings 1. In any cause in which a corporation is a party any pleading may be signed on behalf of the corporation by the secretary or by any director, local manager or other principal servant of the corporation in Ascension. Service on corporation 2. Subject to any statutory provision regulating service of process, if the corporation is a defendant the writ may be served— (a) on the secretary, or on any director, local manager or other principal servant of the corporation in Ascension; or (b) by leaving it at the corporation’s registered office in Ascension or, if there is no such registered office, at the place where the corporation carries on business. ORDER 3 Actions by or against firms and persons carrying on business in names other than their own Name of firm may be used 1. Any 2 or more persons claiming or being liable as partners and carrying on business in Ascension may sue or be sued in the name of the firm, if any, of which such persons were partners at the time of the accruing of the cause of action, and any party to an action may in such case apply to the court for a statement of the names and addresses of the persons who were, at such time, partners in such firm, to be provided and verified in such manner as the court may direct. Service 2. (1) If persons are sued as partners in the name of their firm, the writ must be served— (a) upon any of the partners; or (b) at the principal place at which the partnership business is carried on within Ascension upon any person having, at the time of service, the control or management of the partnership business there; or (c) as the court may direct, and such service is deemed good service upon the firm so sued, whether all or any of the partners are in Ascension or elsewhere. (2) In the case of a partnership which has been dissolved to the knowledge of the plaintiff before the institution of the action or matter, the summons must be served upon every person in Ascension whom it is sought to make liable. 39 Appearance in action against firms 3. Any person served as a partner under rule 2 of this Order but who denies that he or she was a partner or liable as such at any material time may enter a defence stating therein that he or she does so as a person served as a partner of the defendant firm, but who denies that he or she was a partner at the material time, and in any such case the court may— (a) determine the question of the liability of the person so served as a preliminary issue; or (b) direct that the question of the liability of such person and of the defendant firm be determined on the trial of the action. Execution in actions, etc. between partners 4. No execution may be issued in any cause or matter between a firm and one or more of the partners in it, or in a cause or matter between firms having one or more partners in common, except by leave of the court; and, on application for leave to issue such execution, all such accountings and inquiries may be directed to be taken and made and such directions given as are just. Actions, etc, against person carrying on business in name other than own 5. Any person carrying on business in a name or style other than his or her own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules under this Order apply. ORDER 4 Actions by or against trustees, etc Representation of beneficiaries in actions concerning trust property 1. In all causes and matters concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee executor or administrator must represent the persons so interested, and it is not ordinarily necessary to make such persons parties to the cause or matter, but the court may, if it thinks fit, order them or any of them to be made parties. Joinder of trustees, etc 2. If there are several trustees, executors or administrators, they must all be made parties to a cause or matter against one or more of them: Provided that executors who have not proved the testator’s will, and trustees, executors and administrators outside Ascension, need not be made parties. ORDER 5 Actions by or against minors and persons of unsound mind Minor to sue by next friend 1. (1) Every cause or matter by a minor must be instituted in his or her name 40 by a person to be called the next friend of the minor. (2) Before the name of any person is used in any cause or matter as the next friend of any infant, such person must endorse on the plaint his or her consent to act in such capacity. Guardian ad litem for minor defendant 2. (1) If the defendant is a minor, the court, on being satisfied as to the fact of his or her minority, must appoint a proper person to be guardian ad litem of the minor. (2) An appointment must not be made under paragraph (1) unless the court is satisfied that the proposed guardian has no interest in the matters in controversy in the cause or matter adverse to that of the minor and that he or she is a fit person to be so appointed. (3) An appointment must not be made under this rule except upon notice to the minor and to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, upon notice to the father or other natural guardian, or, where there is no father or other natural guardian, to the person in whose care the minor is, and after hearing any objections which may be urged on behalf of any person served with notice under this paragraph. Who may act as next friend or be appointed guardian ad litem 3. (1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his or her guardian ad litem, provided that the interest of such person is not adverse to that of the minor, and that the person is not, in the case of next friend, a defendant, or, in the case of a guardian ad litem, a plaintiff. (2) If a minor has a guardian appointed or declared by a competent authority, no person other than such guardian may act as the next friend of the minor or be appointed his or her guardian ad litem, unless the court considers, for reasons to be recorded, that it is for the minor’s welfare that another person be permitted to act, or be appointed, as the case may be. (3) No person may be appointed a guardian ad litem without his or her consent. (4) If there is no other person fit and willing to act as guardian ad litem, the court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of duties as such guardian must be borne either by the parties or by any one or more of the parties, or out of any fund in court in which the minor is interested, and may give directions for the payment or allowance of such costs as justice and the circumstances of the case require. Representation of minor 4. (1) Every application to the court on behalf of a minor must be made by his or her next friend or by his or her guardian ad litem. (2) Every order made in a cause or matter on any application before the court in or by which a minor is in any way concerned or affected, without such minor being represented by a next friend or guardian ad litem, as the case may be, may be set aside, and, if the party at 41 whose instance such order was obtained, knew or might reasonably have known, the fact of such minority, with costs to be paid by such party. Agreement or compromise on behalf of minor 5. (1) A next friend or guardian ad litem must not, without the leave of the court expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the cause or matter in which he or she acts as next friend or guardian. (2) Any such agreement or compromise entered into without the leave of the court so recorded is voidable against all parties other than the minor. Retirement of next friend 6. (1) Unless otherwise ordered by the court, a next friend must not retire without first procuring a fit person to be put in his or her place and giving security for the costs already incurred. (2) An application under this rule for the appointment of a new next friend must be supported by an affidavit showing the fitness of the person proposed and also that he or she has no interest adverse to that of the minor. Removal of next friend 7. (1) If the interest of the next friend of a minor is adverse to that of the minor, or if he or she is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor’s interest will be properly protected by him or her, or if he or she does not do his or her duty, or during the pendency of the cause or matter ceases to reside in Ascension, or for any other sufficient cause, the court, if satisfied of the sufficiency of the cause, may order the next friend to be removed and make such other order as to the costs as it thinks fit. (2) If the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared who desires to be appointed in the place of the next friend, the court must remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and must thereupon appoint the applicant to be next friend in his or her place upon such terms as to the costs already in the action or matter as it thinks fit. Stay of proceedings on removal, etc, of next friend 8. On the retirement, removal or death of the next friend of the minor, further proceedings must be stayed until the appointment of a next friend in his or her place. Removal, etc, of guardian ad litem 9. This Order relating to the retirement or removal of a next friend apply with all necessary modifications to the retirement or removal of a guardian ad litem. 42 Course to be followed by minor plaintiff or applicant on attaining majority 10. (1) A minor plaintiff, or a minor not a party to a cause on whose behalf an application is pending, must, on attaining majority, elect whether to proceed with the cause or application. (2) If the minor elects to proceed with the cause or application the court must discharge the next friend and thereupon the title of the cause or application must be corrected so as to read thus— “A.B., late a minor, by C.D., his/her next friend, but now having attained majority.” (3) If the minor elects to abandon the cause or application the court must, if he or she is the sole plaintiff or sole applicant, order that the action or the application be dismissed and make such order as to payment of the costs incurred by the defendant or opposite party, or which may have been paid by the next friend, as it thinks fit. (4) No order discharging a next friend and permitting a minor plaintiff to proceed in his or her own name may be made without notice to the next friend. If co-plaintiff attaining majority desires to repudiate action 11. (1) If a minor co-plaintiff on attaining majority desires to repudiate the cause, the court, if it finds that he or she is not a necessary party, must dismiss him or her from the cause on such terms as to costs or otherwise as it thinks fit, after notice to the next friend, any co-plaintiff, and the defendant. (2) The costs of all or any proceedings previously had in the cause must be paid by such persons as the court directs. (3) If the minor co-plaintiff desiring to repudiate is a necessary party to the cause, the court may direct him or her to be made a defendant. Moneys recovered by minors 12. (1) In any action in which money is claimed by or on behalf of a minor suing either alone or jointly with other parties, whether for damages or otherwise, no settlement or compromise or acceptance of money paid into court, whether before or at or after the trial or hearing, is, as regards the claims of such minor, valid without the sanction of the court. (2) All money recovered in any such action in respect of the claims of any such minor, whether by judgment or by settlement, compromise, payment into court or otherwise, whether before or at or after the trial or hearing, must be dealt with in accordance with directions given by the court for the benefit of such minor during his or her minority. (3) Directions given under this rule may include any general or special directions which the court may think fit to give, and without limiting the foregoing power, such directions may provide— (a) that the money recovered must, as to the whole or part thereof, be paid into the 43 Supreme Court and invested or otherwise dealt with by that court; (b) for the manner in which the money is to be applied or dealt with, or any payment made to the minor, or to the next friend, in respect of moneys paid or expenses incurred for or on behalf of the minor; (c) for the manner in which the money is to be applied or dealt with for the maintenance and benefit of the minor. Application to persons of unsound mind 13. Rules 1 to 12 of this Order, so far as they are applicable, extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interest when suing or being sued. ORDER 6 Recognised agents and advocates Appearances, etc, may be in person by recognised agent or advocate 1. (1) An application to, or appearance or act in, any court required or authorised to be made or done by a party in such court may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by the party’s recognised agent, or by an advocate duly appointed to act on the party’s behalf: Provided that any such appearance must, if the court so directs, be made by the party in person. (2) Notwithstanding paragraph (1), a person authorised by a party may, with the leave of the court, advocate the cause of such party in any proceeding, but no such person is entitled to charge or be paid any fee or reward for so doing. Recognised agents 2. The recognised agent of a party by whom such appearances, applications and acts may be done is— (a) a person holding a power of attorney authorising the person to make such appearances and applications, and do such acts on behalf of a party; (b) a person carrying on trade or business for and in the names of a party not resident within the local limits of the jurisdiction of the court within which limits the appearance, application, or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts. Service of process on recognised agent 3. (1) Process served on the recognised agent of a party is as effectual as if it had been served on the party in person, unless the court otherwise directs. (2) These rules for the service on a party apply to the service of process on the party’s recognised agent. 44 Agent for acceptance of service of process 4. (1) In addition to the recognised agents described in rule 2 of this Order, any person residing within the jurisdiction of the court may be appointed an agent to accept service of process. (2) Such appointment may be special or general, and must be made by an instrument in writing signed by the principal, and such instrument, or, if the appointment is general, a certified copy of it, must be filed in court. ORDER 7 Frame of action Action to include the whole claim, except part relinquished 1. (1) Every action must include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of a claim in order to bring the action within the jurisdiction of any court. (2) If a plaintiff omits to sue in respect of or relinquishes any portion of a claim, the plaintiff may not afterwards sue in respect of the portion omitted or relinquished. (3) A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if a person omits, except with the leave of the court, to sue for all such reliefs, the person cannot afterwards sue for any relief so omitted. Joinder of causes of action 2. (1) Except as otherwise provided, a plaintiff may unite in the same action several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same action. (2) If causes of action are united, the jurisdiction of the court as regards the action depends on the amount or value of the aggregate of such causes of action at the date of instituting the action. Claims by or against executor, etc. 3. No claim by or against an executor or administrator as such, may be joined with claims by or against the executor or administrator personally, unless the last mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator, or are such as the executor or administrator was entitled to, or liable for, jointly with the deceased person whom the executor or administrator represents. Separate trials 4. If it appears to the court that any causes of action joined in one action cannot be 45 conveniently tried or disposed of together, the court may order separate trials or may make such order as may be expedient. Declaratory judgment 5. No action is open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not. ORDER 8 Institution of proceedings Actions to be commenced by plaint 1. (1) Subject to any Ordinance relating to the procedure to be observed in civil proceedings before any court, and of any rules, all proceedings the object of which is— (a) to obtain relief against any person; or (b) to compel any person to do or abstain from doing any act, must be commenced by plaint. (2) Every plaint must be delivered by the plaintiff or the plaintiff’s advocate to the Registrar, and must comply with the rules, so far as they are applicable, contained in Orders 9 and 10. (3) Notwithstanding paragraph (2) of this rule, a plaintiff may appear before the Registrar and state verbally— (a) the facts which the plaintiff alleges as constituting the cause of action; and (b) the particulars of the relief or remedy to which the plaintiff claims to be entitled, and thereupon the Registrar must prepare a plaint for the plaintiff. (4) In this rule, “Registrar” includes any officer of the court that the Chief Justice appoints for the purpose of receiving, or as the case may be, preparing plaints. Action Book 2. The Registrar must enter particulars of every plaint and of all proceedings subsequent thereto in a register to be kept for the purpose and called the Action Book; such entries must be numbered according to the order in which the plaints are admitted. ORDER 9 Pleadings generally Pleading to state material facts and not evidence 1. Every pleading must contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for claim or defence, as the case may be, but not the evidence by which they are to be proved, and must, when necessary, be divided into paragraphs, numbered consecutively. Dates, sums, and numbers must be expressed in figures. 46 Particulars to be given where necessary 2. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default or undue influence, and in all other cases in which particulars may be necessary, such particulars with dates must be stated in the pleadings. Further and better particulars 3. The court may, at any stage of the proceedings order a further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading. New fact to be specially pleaded 4.

The defendant or plaintiff, as the case may be, must raise by the pleading any matter which shows the action or counterclaim not to be maintainable, or that the transaction is either void or voidable in point of law, and any grounds of defence or reply, as the case may be, which if not raised would be likely to take the opposite party by surprise. Denial to be specific 5. It is not sufficient for a defendant in the statement of defence to deny generally the grounds alleged by the statement of claim, or for the plaintiff in the written statement in reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which the party does not admit the truth, except as to damages. Effect of document to be stated 6. Wherever the contents of any document are material, it is sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part of it are material. Presumptions of law 7. Neither party need in any pleading allege any matter of fact which the law presumes in the party’s favour, or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied; for example, consideration for a bill of exchange where the plaintiff sues only on the bill and not for the consideration as a substantive ground of claim. Technical objection 8. No technical objection may be raised to any pleading on the ground of any alleged want of form. Amendment of pleadings 9. The court may, at any stage of the proceedings, allow either party to amend the 47 pleadings in such manner and on such terms as may be just, and all such amendments must be made as may be necessary for the purpose of determining the real questions in controversy between the parties. Amendment to be filed and served 10. Whenever any pleading is amended before the trial of the action, such amended document must be delivered to the Registrar and a duplicate of the amended document must be served upon the opposite party in the manner provided for the service of a writ. Reply to amendment 11. If an amended pleading has been served under rule 10, the party so served must plead to the amended pleading or amend the party’s pleading within 15 days of the service of the amendment, and in case the party so served does not plead again or amend within the time above-mentioned, the party is deemed to rely on the original pleading in answer to such amendment. Pleading to be signed 12. Every pleading must be signed by the party lodging it. Points of law may be raised by pleading 13. Any party is entitled to raise by the party’s pleading any issue on a point of law, and any issue so raised must be disposed of by the court at or after the hearing: Provided that by order of the court such issue may be set down for hearing and disposed of at any time before the hearing. Dismissal of action 14. If, in the opinion of the court, the decision of the court on an issue on a point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counter-claim, or reply therein, the court may thereupon dismiss the action or make such other order therein as may be just. Striking out or amending pleading 15. (1) A court may at any stage of the proceedings order to be struck out or amended any pleading or any part of any pleading on the ground that it— (a) discloses no reasonable cause of action or defence, as the case may be; (b) is scandalous, frivolous or vexatious; (c) may prejudice, embarrass or delay the fair trial of the action; or (d) is otherwise an abuse of the process of the court, and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be. (2) All orders made in pursuance of this rule are appealable as of right. ORDER 10 48 Plaint Particulars to be contained in plaint 1. Every plaint must contain the following particulars— (a) the name of the court in which the action is brought; (b) the name, description, and place of residence of the plaintiff; (c) the name, description, and place of residence of the defendant, so far as they can be ascertained; (d) if the plaintiff or defendant is a minor or person of unsound mind, a statement to that effect; (e) the facts constituting the cause of action and when it arose; (f) the relief or remedy which the plaintiff claims; (g) if the plaintiff has allowed a set-off or relinquished a portion of the claim, the amount so allowed or relinquished; (h) a statement of the value of the subject-matter of the action so far as the case admits. Money actions 2. If the plaintiff seeks the recovery of money, the plaint must state the precise amount claimed, except where the plaintiff sues for mesne profits, or for an amount which will be found due to the plaintiff on taking unsettled accounts between the plaintiff and the defendant. If the subject-matter is immovable property 3. If the subject-matter of the action is immovable property, the plaint must contain a description of the property sufficient to identify it. If plaintiff sues as representative 4. If the plaintiff sues in a representative capacity, the plaint must show that plaintiff has— (a) an actual existing interest in the subject-matter; and (b) taken the steps, if any, necessary to enable the plaintiff to institute an action concerning it. Limitation 5. If the action is instituted after the expiration of the period prescribed by the law of limitation, the plaint must show the grounds upon which exemption from such law is claimed. Relief claimed to be stated 6. Every plaint must state specifically the relief which the plaintiff claims, either simply or in the alternative, and it is not necessary to ask for general or other relief, which may be given as the court may think just to the same extent as if it had been asked for; and the same rule applies to any relief claimed by the defendant in the statement of defence. 49 Shop-books and accounts 7. (1) Except as otherwise provided by any enactment relating to the evidence of entries in banker’s books, if the plaintiff sues on an entry in a shop-book or other account in te plaintiff’s possession or power, the plaintiff must produce the book or account at the time of delivering the plaint together with a copy of the entry on which the plaintiff relies. (2) The court, or such officer as it appoints in this behalf, must forthwith mark the entry for the purpose of identification and after examining and comparing the copy with the original, must, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed. ORDER 11 Issue and service of writ of summons Writ of summons 1. (1) When a cause has been duly instituted in the Supreme Court, a writ of summons must be issued to the defendant— (a) ordering the plaintiff to deliver a defence within a time to be specified in the writ; or (b) if the Chief Justice so directs, ordering the plaintiff to appear and answer the claim on a day to be specified in the writ for the final disposal of the action. (2) A defendant to whom a writ of summons has been issued under paragraph (1) may enter a defence or appear, as the case may be, in manner hereinafter provided— (a) in person; (b) by a recognised agent; or (c) by an advocate duly instructed. (3) Every writ of summons must be signed by the Registrar. (4) Every writ of summons must be accompanied by a copy of the plaint. If summons is for final disposal 2. If the writ of summons is for the final disposal of the action, it must direct the defendant to produce on the day fixed for the plaintiff’s appearance all documents in the plaintiff’s possession or power upon which the plaintiff intends to rely in support of the plaintiff’s case, and all witnesses whom the plaintiff intends to call. Delivery of summons for service 3. If the court has issued a writ of summons to a defendant— (a) it may be delivered for service to the plaintiff or to a police officer; or (b) it may be sent to any court having jurisdiction in the place where the defendant resides. 50 Mode of service 4. (1) Service of a writ of summons must be made by delivering or tendering a duplicate thereof signed by the Registrar. (2) Except as otherwise prescribed, if there are more defendants than one, service of the writ must be made on each defendant. (3) Service must be made on the defendant in person, unless the defendant has an agent empowered to accept service, in which case service on such agent is sufficient. Service on agent by whom defendant carries on business 5. (1) In an action against a person who does not reside within the limits of the jurisdiction of the court by which the writ of summons is issued, service on any manager, agent or principal servant of such person within such limits is deemed good service. (2) For the purposes of this rule, the master of a ship is deemed to be an agent of the owner or charterer. Proof of service 6. (1) If a duplicate of the writ of summons is duly delivered or tendered to the defendant personally or to an agent or other person on the defendant’s behalf, the defendant or such agent or other person must endorse an acknowledgement of service on the original writ of summons: Provided that if the court is satisfied that the defendant or an agent or other person on behalf of the defendant has refused so to endorse, the court may declare the writ of summons to have been duly served. (2) The person serving a writ of summons must, in all cases in which the summons has been served under paragraph (1) of this rule, make and annex to the original writ of summons an affidavit of service stating the time when and the manner in which the writ was served, and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the writ. (3) The court may in any case examine the serving officer on oath, regarding his or her proceedings, and may make such further inquiry in the matter as it thinks fit. Substituted service 7. (1) If the court is satisfied that for any reason the writ of summons cannot be served in the ordinary way, the court must order the writ to be served by affixing a copy of it in some conspicuous place in the court house, and also upon some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit. (2) Substituted service under an order of the court is as effectual as if it had been made on the defendant personally. 51 (3) If the court makes an order for substituted service it must fix such time for the delivery of the defence or, as the case may be, the appearance of the defendant as the case may require. Service on members of armed forces, police officers and prisoners 8. (1) If the defendant is confined in a prison, the writ of summons must be delivered to the officer in charge of the prison for service on the defendant. (2) If the defendant is a member of the armed forces or is a police officer, the court must send the writ of summons for service to his or her commanding officer, together with a copy to be retained by the defendant. (3) If a writ of summons is delivered or sent to any person for service under this rule, such person is bound to serve it, if possible, and to return it under his or her signature with a written acknowledgment signed by the defendant, and such acknowledgment is deemed to be evidence of service. (4) If from any cause service is impossible, the writ of summons must be returned to the court with a full statement of such cause and of the steps taken to procure service, and such statement is deemed to be evidence of non-service. Service out of jurisdiction 9. Service outside the jurisdiction of the Supreme Court (that is to say, elsewhere than in St Helena, Ascension or Tristan da Cunha) of a writ of summons or notice of a writ of summons may be allowed by the Supreme Court whenever— (a) the whole subject-matter of the action is immovable property situated within the jurisdiction (with or without rents and profits); (b) any act, deed, will, contract, obligation or liability affecting immovable property situated within the jurisdiction, is sought to be construed, rectified, set aside, or enforced in the action; (c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; (d) the action is for the administration of the personal estate of any deceased person, who at the time of death was domiciled within the jurisdiction, or for the execution (as to property situated within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of St Helena, Ascension or Tristan da Cunha; (e) the action is founded on any breach or alleged breach within the jurisdiction of any contract wherever made which, according to the terms of it, ought to be performed within the jurisdiction; (f) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; (g) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; (h) the action is founded on a tort committed within the jurisdiction; (i) any person out of the jurisdiction is a necessary party to a probate action; or 52 (j) if for any other reason the Supreme Court sees fit so to order. Application to be supported by evidence 10. Every application for leave to serve such writ or notice on a defendant out of the jurisdiction must be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a Commonwealth citizen or not, and the grounds on which the application is made; and no such leave may be granted unless it appears to the court that the case is a proper one for service out of the jurisdiction under this Order. Time for delivering defence 11. Any order giving leave to effect such service or give such notice out of the jurisdiction must specify a time after such service or notice within which such defendant is to deliver a defence, such time to depend on the place or country where or within which the summons is to be served or the notice given. Service where defendant is Commonwealth citizen, etc 12. If leave to serve a writ of summons out of the jurisdiction has been granted under rule 9 of this Order and the defendant is a Commonwealth citizen or resides in a Commonwealth country out of St Helena, Ascension and Tristan da Cunha, the summons must be served in such manner as the court may order. If defendant is not Commonwealth citizen, etc 13. If the defendant is not a Commonwealth citizen or is not in a Commonwealth country, notice of the writ of summons, and not the writ itself, must be served upon the defendant. Service in a foreign country 14. The procedure for the service in a foreign country of a notice of a writ of summons or other order or process of the court must, subject to such modifications and adaptations as may be necessary, be in accordance with Order 11 of the Rules of the Supreme Court 1965 of England, or any rules amending or replacing the same regulating the service in a foreign country of any process of that court. Service of foreign legal process in Ascension 15. If in any civil or commercial proceedings pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in Ascension of any process or citation in such proceedings is transmitted to the Supreme Court by the Governor with an intimation that it is desirable that effect should be given to the same, the following procedure must be adopted— (a) the letter of request for service must be accompanied by a translation thereof in the English language, and by 2 copies of the process of citation to be served, and 2 copies thereof in the English language; 53 (b) service must be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the rules and practice of the Supreme Court of St Helena regulating service of process; (c) after service has been effected the process server must return to the Registrar of the Supreme Court one copy of the process together with the evidence of service by affidavit of the person effecting the service verified by a Commissioner for Oaths and particulars of charges for the cost of effecting such service; (d) the particulars of charges for the cost of effecting service must be submitted to the Registrar of the Supreme Court, who must certify the correctness of the charges, or such other amount as is properly payable for the cost of effecting service; (e) the Registrar must transmit the letter of request for service received from the foreign country to the Governor, together with the evidence of service with a certificate appended thereto duly sealed with the seal of the Supreme Court. General powers of the court 16. The court may make all such orders for substituted service or otherwise as may be necessary to give effect to rule 15 of this Order. Interpretation 17. In this Order, unless the context otherwise requires— “action” includes “matter”; “plaint” includes “petition”. ORDER 12 Defence and Counterclaim Delivery of defence 1. (1) The defendant may, and if so required by the court at the time of the issue of the writ of summons or at any time thereafter must, at or before the first hearing or within such time as the court may prescribe, deliver a defence. (2) If a defendant has been served with a writ of summons that complies with rule 1 of Order 11, the defendant must, unless some other or further order be made by the court, enter a defence within 15 days after the date of service of the writ of summons. (3) Paragraph (3) of rule 1 of Order 8 applies, with all necessary modifications, to the delivery of a defence under this rule as they apply to the delivery of a plaint under that rule. Set-off and counterclaim 54 2. A defendant in an action may set-off, or set up by way of counterclaim, against the claim of the plaintiff, any right or claim, and such set-off or counterclaim has the same effect as a cross-action, so as to enable the court to pronounce a final judgment in the same action, both on the original and on the cross-claim. Pleading to damages 3. No denial or defence is necessary as to the amount of damages claimed, but they are deemed to be put in issue in all cases, unless expressly admitted. Persons in representative capacity 4. If either party wishes to deny the right of any other party to claim as executor, or as trustee, whether in bankruptcy or otherwise, or in any representative or other alleged capacity or the alleged constitution of any partnership firm, the party must deny the same specifically. Counterclaim to be specific 5. If any defendant seeks to rely upon any grounds as supporting a right of counterclaim, the defendant must, in the statement of defence, state specifically that the defendant does so by way of counterclaim. Title of counterclaim 6. If the defendant by the defence sets up any counterclaim which raises questions between the defendant and the plaintiff together with any other persons, the defendant must in the defence specify the names of such other persons and must deliver to the court the defence for service on the plaintiff together with a sufficient number of copies of it for service on such other persons. Claim against person not a party 7. (1) A person mentioned in rule 6 of this Order who is not a party to the action must be served with a copy of the defence and counterclaim, together with a writ of summons issued under rule 1 of Order 11. (2) Any person not already a party to the action who is served with a writ of summons, defence and counterclaim as aforesaid may, unless some other or further order is made by the court, deliver a reply within 15 days after service upon the person of such writ, defence and counterclaim. Exclusion of set-off or counterclaim 8. If the defendant raises any claim by set-off or sets up a counterclaim, and if the court is of the opinion that the claim thereby raised ought to be disposed of in an independent action, it may order that the set-off or counterclaim be excluded, and may make such order as to the trial of such set-off or counterclaim and as to costs as it may think fit. 55 Discontinuance 9. If, in any case in which the defendant sets up a counterclaim, the action of the plaintiff is stayed, discontinued or dismissed, the defendant may, notwithstanding such stay, discontinuance or dismissal, proceed with the counterclaim. Judgment for balance 10. If in any action a set-off or counterclaim is established as a defence against the plaintiff’s claim, the court may, if the balance is in favour of the defendant, give judgment in favour of the defendant for such balance, or may otherwise adjudge to the defendant such relief as the defendant may be entitled to upon the merits of the case. Subsequent pleadings 11. (1) A plaintiff is entitled to file a reply within 15 days after the defence or the last of the defences has been served upon the plaintiff, unless the time is extended. (2) No pleading subsequent to the reply may be filed without the leave of the court, and then must be filed only upon such terms as the court thinks fit. (3) If a counterclaim is pleaded, a defence to it is subject to the rules applicable to defences. ORDER 13 Third Party Procedure Third party notice 1. (1) If a defendant claims as against any person not already a party to the action (hereinafter in this Order referred to as “the third party”) that— (a) the defendant is entitled to contribution or indemnity; (b) the defendant is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or (c) any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant, and should properly be determined, not only as between the plaintiff and the defendant, but as between the plaintiff and the defendant and the third party, or between any or either of them, the defendant may, by leave of the court, issue a notice (hereinafter in this Order referred to as “a third party notice”) to that effect. (2) The procedure incidental to an application for leave to issue a third party notice and all subsequent proceedings thereafter must, subject to such modifications and adaptations as may be necessary, be in accordance with Order 16 of the Rules of the Supreme Court of England 1965, or any rules amending or replacing them regulating third party proceedings in that Court. 56 ORDER 14 Death, insolvency and marriage of parties Procedure where one of several plaintiffs or defendants dies and right to sue survive 1. If there are more plaintiffs or defendants than one, and any one of them dies, and the cause of action survives or continues to the surviving plaintiff or plaintiffs alone or against the surviving defendant or defendants alone, the court must cause an entry to that effect to be made on the record, and the cause or matter must proceed. Procedure in case of death of one of several parties or of sole party, etc. 2. (1) If— (a) a sole plaintiff or a sole surviving plaintiff, or a sole defendant or sole surviving defendant dies and the cause of action survives or continues; or (b) one of 2 or more plaintiffs, or one of 2 or more defendants dies and the cause of action does not survive or continue to the surviving plaintiff or plaintiffs or, as the case may be, to the surviving defendant or defendants alone, the court must cause the personal representative of the deceased plaintiff or, as the case may be, of the deceased defendant, to be made a party and must proceed with the cause or matter. (2) The personal representative of a deceased defendant so made a party may make any defence appropriate to his or her character as such personal representative. Determination of question as to personal representative 3. If a question arises whether any person is or is not the personal representative of a deceased party, the question must be determined by the court. Action not abated by marriage of female party 4. (1) The marriage of a female plaintiff or defendant does not cause the cause or matter to abate, but the court may proceed with the cause or matter to judgment, and, if the judgment is against a female defendant, it may be executed against her alone. (2) If the husband is by law liable for the debts of his wife, the judgment may, with the leave of the court, be executed against the husband also. When plaintiff’s insolvency bars action 5. (1) The insolvency of a plaintiff in any cause or matter which the assignee or receiver might maintain for the benefit of creditors does not cause the cause or matter to abate, unless such assignee or receiver declines to continue such cause or matter or, unless for any special reason the court otherwise directs, to give security for the costs thereof within such time as the court may direct. (2) If the assignee or receiver neglects or refuses to continue the cause or matter, and to give such security within the time so ordered, the defendant may apply for the dismissal of the cause or matter on the ground of the plaintiff’s insolvency; and the court may make an order dismissing the cause or matter and awarding to the defendant the costs which the 57 defendant has incurred in defending the same to be proved as a debt against the plaintiff’s estate. (3) If a cause or matter abates or is dismissed under this rule, no fresh cause or matter may be brought on the same cause of action: Provided that the plaintiff or a person claiming to be the assignee or the receiver of an insolvent plaintiff may apply for an order to revive a cause or matter which has abated or to set aside an order of dismissal; and, if it is proved that the plaintiff or person was prevented by any sufficient cause from continuing the action or matter, the court must revive the same or set aside such dismissal upon such terms as to costs or otherwise as it thinks fit. Procedure in case of assignment before judgment 6. In other cases of the assignment, creation, or devolution of any interest during the pendency of a cause or matter, the cause or matter may, by leave of the court, be continued by or against the person to or upon whom such interest has come or devolved. Application of Order to appeals 7. In the application of this Order to appeals, so far as may be, “plaintiff” includes an appellant, “defendant” a respondent, and “cause or matter” an appeal. ORDER 15 Interrogatories, discovery and inspection Discovery by interrogatories 1. (1) In any cause the plaintiff or defendant, by leave of the court, may deliver interrogatories in writing for the examination of the opposite parties, or any one or more of them. (2) The procedure incidental to the delivery of interrogatories and all subsequent proceedings thereafter must, subject to such modifications and adaptations as may be necessary, be in accordance with Order 26 of the Rules of the Supreme Court of England, 1965, or any rules amending or replacing the same regulating discovery by interrogatories in that Court. Discovery of documents 2. Any party may, without filing an affidavit, apply to the court for an order directing any other party to state on oath the documents which are or have been in the party’s power relating to any matter in question therein. On the hearing of such application the court may either refuse or adjourn the same, if satisfied that such statement is not necessary, or not necessary at that stage of the proceedings; or make such order, either generally or limited to certain classes of documents, as may, in its discretion, be thought fit: Provided that no such order may be made unless the court is of opinion that it is necessary either for disposing fairly of the proceedings or for saving costs. 58 Affidavit of documents 3. The affidavit to be made by a party against whom such an order as is mentioned in rule 2 of this Order has been made must be in Form 10 of the Appendix with such variations as the case may require. Production of documents 4. (1) The court may, at any stage of the proceedings, order the production by any party to them of such of the documents in the party’s possession or power, relating to any matter in question in the proceedings, as the court thinks right; and the court may deal with such documents, when produced, in any manner as appears just. (2) The court may, on the application of any party, at any time, and whether an affidavit of documents has or has not been ordered or made, make an order requiring any other party to state by affidavit whether any specific document, to be specified in the application, is, or has at any time been, in the party’s possession or power; and if not then in the party’s possession, when the party parted with the same and what has become of it. Such application must be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or at some time had, in the party’s possession or power the document specified in the application, and that it relates to the matters in question in the action or matter, or to some of them. Inspection of documents referred to in pleadings or affidavits 5. Every party to a cause or matter is entitled at any time to give notice to any other party in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of the party’s advocate, and to permit the party or the party and the party’s advocate to take copies thereof; and any party not complying with such notice is not afterwards at liberty to put any such document in evidence on the party’s behalf unless the party satisfies the court that such document relates only to the party’s own title, the party being the defendant to the cause or matter, or that the party had some other cause or excuse which the court must deem sufficient for not complying with such notice, in which case the court may allow the same to be put in evidence on such terms as to costs and otherwise as the court must think fit. Order for inspection 6. (1) If the party served with a notice under rule 5 of this Order fails to comply with it or objects to the inspection of any document, the court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit: Provided that no such order may be made unless the court is of opinion that it is necessary either for disposing fairly of the cause or matter or for saving costs. (2) If, on an application for an order for inspection, privilege is claimed for any document, it is lawful for the court to inspect the document for the purpose of deciding as to the validity of the claim of privilege. 59 Verified copies 7. If inspection of any business books is applied for, the court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be provided and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit must state whether or not there are in the original book any, and if so what, erasures, interlineations or alterations: Provided that, notwithstanding that such copy has been supplied, the court may order inspection of the book from which the copy was made. Noncompliance with order for discovery 8. If any party fails to comply with any order for discovery or inspection of documents the party is, if a plaintiff, liable to have the action or matter dismissed for want of prosecution, and, if a defendant, to have the defence, if any, struck out, and to be placed in the same position as if the defendant had not defended, and the party seeking discovery or inspection may apply to the court for an order to that effect, and an order may be made accordingly. Notice to produce documents in court 9. A notice to produce documents at the hearing must be in Form 13 of the Appendix, with such variations as circumstances may require. An affidavit of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, is in all cases sufficient evidence of the service of the notice, and of the time when it was served. ORDER 16 Admissions Notice of admission 1. Any party may give notice by the pleadings or otherwise in writing, that the party admits the truth of the whole or any part of the case of the other party. Judgment on admissions 2. If an admission of facts has been made, either on the pleadings or otherwise, the court may, at any stage of the proceedings pronounce such judgment or make such order upon such admission as it thinks fit, without waiting for the determination of any other question between the parties. ORDER 17 Security for costs Security for the costs of a defendant 1. The court may if it deems fit order a plaintiff in any cause or matter to give security for the payment of all costs incurred by any defendant. 60 Effect of failure to provide security 2. (1) In the event of such security not being provided within the time fixed, the court must make an order dismissing the cause or matter unless the plaintiff or plaintiffs are permitted to withdraw from it. (2) If a cause or matter is dismissed under this rule, the plaintiff may apply for an order to set the dismissal aside, and, if it is proved to the satisfaction of the court that the plaintiff was prevented by any sufficient cause from providing the security within the time allowed, the court must set aside the dismissal upon such terms as to security, costs or otherwise as it thinks fit, and must appoint a day for proceeding with the cause or matter. ORDER 18 Payment into court Defendant may pay money into court 1. (1) In any action to recover a debt or damages, any defendant may, at the time of delivering a defence, pay into court a sum of money in satisfaction of the cause of action in respect of which the plaintiff claims, or if 2 or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action. (2) If any payment into court is made under this rule, there must be served upon the plaintiff and upon every co-defendant (if any) a notice specifying the fact of such payment and the cause of action in respect of which such payment is made; such notice must aver that the sum of money paid into court is sufficient to satisfy the specified cause of action. Acceptance of money paid into court 2. (1) If money is paid into court under rule 1 of this Order, the plaintiff may within 14 days after receipt of notice of the payment, but in any case before the trial of the action begins— (a) if the money was paid in respect of the cause of action or all the causes of action in respect of which the plaintiff claims, accept the money in satisfaction of that cause of action, or those causes of action, as the case may be; or (b) if the money was paid in respect of some only of the causes of action in respect of which the plaintiff claims, accept in satisfaction of any such cause or causes of action the sum specified in respect of that cause or those causes of action in the notice of payment, and notice of such acceptance must be given to every defendant in the action. (2) On the plaintiff accepting any money paid into court, all further proceedings in the action, or in respect of the specified cause or causes of action, to which the acceptance relates, must be stayed both against the defendant making the payment and against any other defendant sued jointly with or in the alternative to the plaintiff. (3) If money is paid into court by a defendant making a counterclaim and the notice of payment states in relation to any sum so paid that in making the payment the defendant has taken into account and satisfied the cause or causes of action, or the specified cause or causes 61 of action, in respect of which the defendant counterclaims, then on the plaintiff accepting that sum, all further proceedings on the counterclaim, or in respect of the specified cause or causes of action, as the case may be, against the plaintiff must be stayed. (4) A plaintiff who has accepted any sum paid into court is, subject to rule 3 of this Order and rule 12 of Order 5, entitled to receive payment of that sum in satisfaction of the cause or causes of action to which the acceptance relates. Order for payment out of court in certain cases 3. If a plaintiff accepts any sum paid into court and that sum was so paid— (a) by fewer than all the defendants sued jointly or in the alternative; (b) with a defence of tender before action; (c) in an action to which rule 12 of Order 5 relates; or (d) in satisfaction either of a cause of action arising under the Fatal Accidents Acts, 1846 to 1959, UK and the Law Reform (Miscellaneous Provisions) Act, 1934, UK or of a cause of action arising under the first mentioned Acts where more than one person is entitled to the money, the money in court must not be paid out except in pursuance of an order of the court, and the order must deal with the cause of the action or of the cause or causes of action to which the payment relates, as the case may be. Money remaining in court 4. If any money paid into court in an action is not accepted in accordance with rule 2 of this Order, the money remaining in court must not be paid out except in pursuance of an order of the court which may be made at any time before or after the trial of the action; and if such an order is made before the trial the money must not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in. Counterclaim 5. A plaintiff against whom a counterclaim is made and any other defendant to a counterclaim may pay money into court in accordance with rule 1 of this Order; and rules 1, 2 (except paragraph 3 thereof), 3 and 4 of this Order apply accordingly with all necessary modifications. Money paid into court under order 6. Money paid into court under an order of the court must not be paid out except pursuant to an order of the court. ORDER 19 Withdrawal and adjustment of actions Withdrawal by plaintiff 1. (1) The plaintiff may at any time before the delivery of the defendant’s defence, or after the receipt thereof before taking any other proceeding in the action, by notice in writing wholly discontinue the action against all or any of the defendants or withdraw any 62 part or parts of the plaint, and thereupon must pay the defendant’s costs of the action or, if the action is not wholly discontinued, the costs occasioned by the matter so withdrawn. Such discontinuance or withdrawal is not a defence to any subsequent action. (2) Except as in this rule otherwise provided, it is not competent for the plaintiff to withdraw or discontinue an action without leave of the court, but the court may, before or at or after the hearing upon such terms as to costs, and as to any other action, and otherwise as may be just, order the action to be discontinued or any part of the plaint to be struck out. Withdrawal by defendant 2. The court may, in like manner, and with the like discretion as to terms, upon the application of a defendant order the whole or any part of the defence or counterclaim to be withdrawn or struck out, but it is competent to a defendant to withdraw the defence or any part thereof without such leave. Withdrawal by consent 3. An action may be withdrawn prior to the hearing by either the plaintiff or the defendant upon filing a consent signed by all the parties. Stay of subsequent action 4. If any subsequent action is brought before payment of the costs of a discontinued action upon the same, or substantially the same, cause of action, the court may order a stay of such subsequent action until such costs have been paid. Limitation in subsequent action 5. In any fresh action instituted subject to terms imposed by the court under rule 1 of this Order, the plaintiff is bound by the law of limitation in the same manner as if the former action had not been instituted. Compromise 6. If it is proved to the satisfaction of the court that an action has been adjusted wholly or in part by any lawful agreement or compromise, or if the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the action the court may, on the application of a party, order such agreement, compromise, or satisfaction to be recorded, and pronounce judgment in accordance therewith so far as it relates to the action. ORDER 20 Setting down action for hearing; defendant failing to deliver defence, etc. Proceedings against infants and persons of unsound mind 1. (1) If no defence has been delivered on or before the day fixed in the writ of summons for a defendant who is an infant or a person of unsound mind, the court must by order assign a proper person to be guardian of such defendant by whom he or she may appear and defend the action. 63 (2) No such order may be made unless it appears that the summons was duly served and that all the requirements as to notice contained in paragraph (3) of rule 2 of Order 5 have been complied with, unless the court dispenses with any notice required thereby. Affidavit of service upon non-appearance 2. If any defendant fails to deliver a defence on or before the day fixed in the writ of summons, and the plaintiff is desirous of proceeding upon default of delivery of defence under any of the rules of this Order, the Registrar must cause an affidavit of service of the summons to be filed upon the record. Judgment upon a liquidated demand 3. If by the plaint a liquidated sum is claimed and the defendant fails, or all the defendants, if more than one, fail to deliver a defence on or before the day fixed in the writ of summons, the court may, subject to rule 2 of this Order, enter judgment for any sum not exceeding the sum claimed in the plaint together with interest, if any, at a rate not exceeding 6% per annum to the date of the judgment, and costs. Liquidated demand against several defendants 4. If by the plaint a liquidated sum is claimed and there are several defendants of whom one or more deliver a defence on or before the day fixed in the writ of summons, and another fails or others of them fail to deliver a defence, the court may, subject to rule 2 of this Order, enter judgment as in rule 3 of this Order against such as have not delivered a defence, and execution may issue upon such judgment without affecting the plaintiff’s right to proceed with the action against such as have delivered a defence. Assessment of damages 5. If by the plaint the claim is for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and the defendant fails, or all the defendants, if more than one, fail to deliver a defence on or before the day fixed in the writ of summons the plaintiff may, subject to rule 2 of this Order, enter judgment against the defendant or defendants declaring the defendant or defendants to be liable on the claim and set down the action for assessment by the court of the amount of such liability, and the court may proceed to enter judgment for the amount found to be due in the course of such assessment. Assessment where some defendants have delivered defences 6. If by the plaint the claim is as specified in rule 5 of this Order and there are several defendants of whom one or more deliver a defence and another or others fail to deliver a defence on or before the day fixed in the writ of summons, the court may, subject to rule 2 of this Order, assess the value of the goods and the damages or either of them, as the case may be, as against the defendant or defendants who have not delivered a defence at the same time as the trial of the action against the other defendant or defendants and may proceed to enter judgment in accordance with such assessment. 64 General rule where no defence delivered 7. In all actions not otherwise specifically provided for by the rules of this Order, if a party served with a writ of summons does not deliver a defence on or before the day fixed therein, the action may proceed, subject to rule 2 of this Order, and the court may hear and determine the action on the evidence of the plaintiff and the plaintiff’s witnesses. Setting down action for hearing 8. At any time after the defence or the last of the defences has been delivered, the court, upon giving notice to the parties, must set down the action for hearing. Setting aside judgment 9. When judgment has been entered pursuant to any of the preceding rules of this Order, it is lawful for the court to set aside or vary such judgment upon such terms as may be just. Appearance by defendant in answer to a summons 10. If a day has been fixed in a writ of summons for the defendant to appear and answer the claim, the parties must be in attendance at the court house in person, or by their respective advocates or recognised agents, and the action must then be heard unless the hearing is adjourned to a future day fixed by the court. When neither party appears, action dismissed 11. If neither party appears when the action is called on for hearing, the court may order that the action be dismissed. Plaintiff may bring fresh action or court may restore action to file 12. If an action is dismissed under rule 11 of this Order, the plaintiff may, subject to the law of limitation, bring a fresh action or may apply for an order to set the dismissal aside; and if the plaintiff satisfies the court that there was sufficient cause for the non-appearance the court must set aside the dismissal and appoint a day for proceeding with the action. Procedure where plaintiff only appears 13. If the plaintiff appears and the defendant does not appear on the day appointed for the hearing— (a) if the court is satisfied that the writ of summons or notice of hearing was duly served, it may proceed to hear and determine the action in the absence of the defendant; (b) if the court is not satisfied that the writ of summons or notice of hearing was duly served, it must direct a second writ or notice to be issued and served on the defendant; (c) if the court is satisfied that the writ of summons or notice of hearing was served on the defendant, but that the defendant was for sufficient cause unable to appear in 65 person or deliver a defence, it must postpone the hearing of the action to a future day to be fixed by the court and must direct notice of such day to be given to the defendant. Procedure where defendant appears after commencement of hearing 14. If the court has commenced the hearing of an action in the absence of the defendant and the defendant subsequently appears in the course of such hearing and assigns good cause for the previous non-appearance, the defendant may, upon such terms as the court directs as to costs or otherwise, be heard in answer to the action as if the defendant had appeared on the day fixed for appearance. Procedure where defendant only appears 15.

If the defendant appears, and the plaintiff does not appear, when the action is called on for hearing, the court must make an order that the action be dismissed, unless the defendant admits the claim, or part thereof, in which case the court must enter judgment against the defendant upon such admission, and, where part only of the claim has been admitted, must dismiss the action so far as it relates to the remainder. Judgment against plaintiff by default bars fresh action 16. (1) If an action is wholly or partly dismissed under rule 15 of this Order, the plaintiff is precluded from bringing a fresh action in respect of the same cause of action, but may apply for an order to set the dismissal aside, and, if the plaintiff satisfies the court that there was sufficient cause for non-appearance when the action was called on for hearing, the court must make an order setting aside the dismissal, upon such terms as to costs or otherwise as it thinks fit, and must appoint a day for proceeding with the action. (2) No order may be made under this rule unless notice of the application has been served on the opposite party. Procedure in case of non-attendance of one or more of several plaintiffs 17. If there are more plaintiffs than one, and one or more of them appear, and the others do not appear, the court may permit the action to proceed in the same way as if all the plaintiffs had appeared, or make such order as it thinks fit. Procedure in case of non-attendance of one or more of several defendants 18. If there are more defendants than one, and one or more of them appear and the others do not appear, the action must proceed and the court must, at the time of pronouncing judgment, make such order as it thinks fit with respect to the defendants who do not appear. Setting aside judgment ex parte against defendant 19. (1) In any case in which judgment is entered against a defendant pursuant to paragraph (a) of rule 13 or rule 18 of this Order, the defendant may apply to the court for an order to set it aside; and if the defendant satisfies the court that the summons was not duly served, or that the defendant was prevented by any sufficient cause from appearing when the 66 action was called on for hearing, the court must set aside the judgment against the defendant upon such terms as to costs, payment into court, or otherwise as it thinks fit, and must appoint a day for proceeding with the action: Provided that, if the judgment is of such a nature that it cannot be set aside as against such defendant only, it may be set aside as against all or any of the other defendants also. (2) No judgment may be set aside under this rule unless notice thereof has been served on the opposite party. Application 20. This Order applies, with all necessary modifications, to matters in the same manner as it applies to actions. ORDER 21 Summoning and attendance of witnesses Summons to attend to give evidence or produce documents 1. At any time after a cause is instituted, the parties may obtain, on application to the court or to such officer as the court may appoint in that behalf, summonses to persons whose attendance is required either to give evidence or to produce documents. Expenses of witnesses 2. (1) If so required by the Registrar, the party applying for a summons must, before the summons is granted and within a period to be fixed, pay into court such sum of money as appears to the Registrar to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the court in which the person is required to attend, and for the person’s attendance thereat. The Chief Justice may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case. (2) The sum so paid into court must be tendered to the person summoned at the time of serving the summons, if it can be served personally; or, if the court so directs, the person summoned may be notified that the sum so paid into court will be paid to the person on his or her attendance. Time, place, and purpose of attendance to be specified in summons 3. Every summons for the attendance of a person to give evidence or to produce a document must specify the time and place at which the person is required to attend, and whether the attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, must be described in the summons with reasonable accuracy. Summons to produce documents 4. Any person may be summoned to produce a document without being summoned 67 to give evidence; and any person summoned merely to produce a document is deemed to have complied with the summons if he or she causes such document to be produced instead of attending personally to produce the same. Power to require persons present in court to give evidence 5. Any person present in court may be required by the court to give evidence or to produce any document then and there in his or her possession or power. Service of summons 6. Every summons under this Order must be served as nearly as may be in the same manner as a writ of summons to a defendant, and the rules in Order 11 as to proof of service apply in the case of all summonses served under this Order; and such summonses must be served in sufficient time to enable the person summoned to comply therewith. Duty of persons summoned 7. Any person who is summoned to appear and give evidence in a cause or matter must attend at the time and place named in the summons for that purpose, and any person who is summoned to produce a document must either attend to produce it or cause it to be produced at such time and place. Procedure where witness fails to comply with summons 8. (1) If a person to whom a summons has been issued, either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the court must, if the certificate of the serving officer has not been verified by affidavit, and may, if it has been so verified, examine the serving officer on oath, or cause him or her to be so examined by another court, touching the service or non-service of the summons. (2) If the court has reason to believe that such evidence or production is material, and that such person has, without lawful excuse, failed to attend or to produce the document in compliance with the summons, it may issue a warrant, either with or without bail, for the arrest of such person. Penalty for failure to comply with witness summons 9. If a person arrested under rule 8 of this Order fails to satisfy the court that he or she had lawful excuse for failing to comply with the summons, the court may impose upon the person such fine, not exceeding £50, as it thinks fit, having regard to the person’s condition in life and all the circumstances of the case. Attendance of witnesses 10. (1) A person summoned and attending as a witness must, unless the court otherwise directs, attend at each hearing until the action or matter has been disposed of. (2) On the application of either party, and the payment through the court of all 68 necessary expenses, if any, the court may require any person so summoned and attending to provide security to attend at the next or any other hearing, or until the action or matter is disposed of, and, in default of the person providing such security, may treat the person as being in contempt of court. Application of rules 8 and 9 11. Rules 8 and 9 of this Order apply, so far as they are applicable, to any person who, having attended in compliance with a summons, departs without lawful excuse in contravention of rule 10 of this Order. Procedure where arrested witness cannot give evidence 12. If any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which the person has been summoned to give or produce, the court may require the person to give reasonable bail or other security for his or her appearance at such time and place as it thinks fit, and on such bail or security being given may release the person, and in default of the person giving such bail or security may treat the person as being in contempt of court. Consequence of refusal of a party to give evidence 13. If any party present in court refuses, without lawful excuse, when required by the court, to give evidence or to produce any document then and there in his or her possession or power, the court may pronounce judgment against the person or make such order in relation to the cause or matter as it thinks fit. Rules as to witnesses to apply to parties 14. If any party is required to give evidence, or to produce document, the provisions as to witnesses apply to the person so far as they are applicable. ORDER 22 Consolidation of actions and test actions Consolidation of actions 1. If 2 or more actions are pending in the same court in which the same or similar questions of law or fact are involved, the court may, either upon the application of one of the parties or of its own motion, at its discretion, and upon such terms as may seem fit— (a) order a consolidation of such actions; and (b) direct that further proceedings in any or such actions be stayed until further order. Test actions 2. If— (a) direct that further proceedings in any of such actions be the same defendant and such persons could, under rule 1 of Order 1, have been joined as plaintiffs in one action; or 69 (b) a plaintiff has instituted 2 or more actions, and under rule 3 of Order 1 the several defendants could have been joined as co-defendants in one action, the court may, if it is satisfied that the issues to be tried in each action are precisely similar, direct that one of such actions be tried as a test case and stay all steps in the remaining actions until such selected test action has been heard and determined. [Missing text before (a)] ORDER 23 Hearing of the action, etc., and examination of witnesses Right to begin 1. The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which the plaintiff seeks, in which case the defendant has the right to begin. Order and production of evidence 2. (1) The party that has the right to begin must state that party’s case and produce that party’s evidence in support of the issues which that party is bound to prove. (2) The other party must then state the other party’s case and produce the other party’s evidence, if any, and may then address the court generally on the whole case. (3) The party beginning may then reply generally on the whole case. Witnesses to be examined in open court 3. The evidence of the witnesses in attendance must be taken orally in open court in the presence of and under the personal direction and superintendence of the judge. Recording of evidence 4. (1) The evidence of each witness must be taken down in writing by or in the presence and under the personal direction and superintendence of the judge, not ordinarily in the form of question and answer but in that of a narrative. (2) Notwithstanding paragraph (1), the evidence given or any other proceeding at the hearing of any cause or matter may be recorded in shorthand or by mechanical means, and the transcript of anything so recorded, if certified by the judge to be correct, is deemed to be a record of such evidence or other proceeding for all the purposes of the action or matter. Particular question and answer may be provided 5. The court may, of its own motion or on the application of any party or the party’s advocate, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing. 70 Objections 6. If a party or the party’s advocate objects to any question put to a witness, and the court rules against the objection, the judge must take down the question, the answer, the objection, and the name of the person making it. Power to examine witness immediately 7. (1) If a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court why his or her evidence should be taken immediately, the court may, upon the application of any party or of the witness, at any time take the evidence of such witness in manner hereinbefore provided. (2) If such evidence is not taken forthwith and in the presence of the parties, such notice as the court thinks sufficient of the day fixed for the examination must be given to the parties. (3) The evidence so taken must be read over to the witness and, if he or she admits it to be correct, must be signed by the witness, and the judge must, if necessary, correct the same, and must sign it, and it may then be read at any hearing of the action or matter. Court may recall witness 8. The court may at any stage recall any witness who has been examined, and may, subject to the law of evidence, put such question to the witness as the court thinks fit. Power of court to inspect 9. The court may at any stage inspect any property or thing concerning which any question may arise. ORDER 24 Prosecution of actions, etc., and adjournments Court may grant time and adjourn hearing 1. (1) The court may, if sufficient cause is shown, at any stage grant time to the parties, or to any of them, and may from time to time adjourn the hearing of a cause or matter. (2) In every such case the court must fix a day for the further hearing of the cause or matter, or may adjourn the hearing generally and may make such order as it thinks fit with respect to the costs occasioned by such adjournment. Procedure where no application is made to restore action adjourned generally 2. If the hearing of a cause or matter has been adjourned generally, the court may, if no application for restoration to the list is made within 12 months of the last adjournment, give notice to the parties to show cause why the cause or matter should not be dismissed, and if 71 cause is not shown to the satisfaction of the court, the cause or matter must be dismissed. Procedure where party fails to appear 3. If, on any day to which the hearing of the cause or matter is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the cause or matter in one of the modes directed on that behalf by Order 20, or make any other order it thinks fit. Procedure where parties fail to produce evidence 4. If any party to whom time has been granted fails to produce the party’s evidence, or to cause the attendance of witnesses, or to perform any other act necessary to the further progress of the cause or matter, for which time has been allowed, the court may, notwithstanding such default, proceed to decide the cause or matter forthwith. ORDER 25 Affidavits Power to order fact to be proved by affidavit 1. A court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the court thinks reasonable: Provided that, if it appears to the court that either party bona fide desires the production of a witness for cross-examination and that such witness can be produced, an order may not be made authorising the evidence of such witness to be given by affidavit. Power to order attendance for cross-examination 2. Upon any application under these Rules, evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent. ORDER 26 Production, impounding and return of documents Endorsements on documents admitted in evidence 1. Subject to rule 2 of this Order, there must be endorsed on every document which has been admitted in evidence the following particulars— (a) the number and title of the cause or matter; (b) the party producing the document; (c) the date on which it was produced, and the endorsement must be signed or initialled by an officer of the court. Endorsements on copies of entries in books, etc 2. (1) Except in so far as is otherwise provided by any law relating to the production in evidence of bankers’ book, if a document admitted in evidence in a cause or matter is an entry in a letter-book or a shop-book or other account in current use, the party on 72 whose behalf the book or account is produced may provide a copy of the entry. (2) If such a document is an entry in a public record produced from a public office or by a public officer, or an entry in a book or account belonging to a person other than a party on whose behalf the book or account is produced, the court may require a copy of the entry to be provided— (a) if the record, book or account is produced on behalf of a party - then by that party; or (b) if the record, book or account is produced in obedience to an order of the court acting of its own motion - by either or any party. (3) If a copy of an entry is provided under the foregoing provisions of this rule, the court must, after causing the copy to be examined, compared and certified, mark the entry, and cause the book, account or record in which it occurs to be returned to the person producing it: Provided that the court may accept, in the case of a copy of a public record, a certificate of correctness from the public officer in whose charge the record is. Recording of admitted, and return of rejected, documents 3. (1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 2 of this Order, forms part of the record of the action or matter. (2) Documents not admitted in evidence does not form part of the record, and must be returned to the persons producing them after they have been endorsed by the judge or officer of the court with the particulars mentioned in paragraphs (a), (b) and (c) of paragraph (1) of rule 1 of this Order, together with a statement of their having been rejected. Court may order document to be impounded 4. Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it to be impounded and kept in the custody of an officer of the court for such period and subject to such conditions as the court thinks fit. Return of documents 5. (1) Any person, whether a party or not, desirous of receiving back any document produced by the person in the cause or matter and placed on the record, is, unless the document is impounded under rule 4 of this Order, entitled to receive back the same— (a) when the cause or matter has been disposed of, and, if the cause or matter is one in which an appeal is allowed, when the time for filing an appeal has elapsed and no appeal has been filed; and (b) if any appeal has been filed, when the appeal has been disposed of: Provided that— (i) a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor delivers to the proper officer a certified copy to be substituted for the original and undertakes in writing to produce the original if required to do so; and (ii) no document need be returned which, by force of the judgment, has become 73 wholly void or useless. (2) On the return of a document admitted in evidence a receipt must be given by the person receiving it. Court may send for court records 6. (1) The court may of its own motion, or upon the application of any of the parties, send for, either from its own records, or from any other court, the record of any other cause or matter and inspect the same. (2) Nothing contained in this rule enables the court to use in evidence any document which under the law of evidence would be inadmissible in the cause or matter. Application of Order to material objects 7. This Order as to documents applies, so far as may be, to all other material objects producible as evidence. ORDER 27 Commissions Commission to examine witness outside Ascension 1. Subject to sections 46 and 48 of the Ordinance, a court may, if it is satisfied that it is necessary to do so, issue a commission, or, as the case may be, a letter of request for the examination of any person resident in any place outside Ascension. Examination of witness pursuant to commission 2. (1) Every court in Ascension receiving a commission for the examination of any person must examine the person or cause the person to be examined pursuant thereto. (2) If a commission has been duly executed, it must be returned, together with the evidence taken under it, to the court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission must be returned in terms of such order. Return of Commission, etc. 3. The deposition of any witness taken under a commission or letter of request is to be open to the inspection of the parties, and may, subject to all just exceptions, be read in evidence in the cause or matter by either party, and if so read forms part of the record of the cause or matter. Commissions to make investigations 4. (1) In any cause or matter in which the court considers an investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net 74 profits, the court may issue a commission to such person as it thinks fit directing the person to make such investigation and to report thereon to the court. (2) The commissioner, after such inspection as he or she considers necessary and after reducing to writing the evidence taken, must return such evidence, together with the commissioner’s report in writing signed by him or her, to the court. (3) The report of the commissioner and the evidence taken by the commissioner, (but not the evidence without the report) is evidence in the cause or matter and forms part of the record; but the court, or, with the permission of the court, any of the parties, may examine the commissioner personally in open court touching any of the matters referred to the commissioner, or mentioned in his or her report, or as to the report, or as to the manner in which the commissioner has made the investigation. (4) If the court is for any reason dissatisfied with the proceedings of the commissioner, it may direct such further inquiry to be made as it thinks fit. Referee to examine accounts 5. (1) In any cause or matter in which an examination of accounts is necessary, the court may refer the accounts to such person as it thinks fit, directing the person to make such examination. (2) The court must provide a referee appointed under the foregoing paragraph with such part of the proceedings and such instructions as appear necessary, and the instructions must specify whether the referee is merely to transmit the proceedings which the referee holds on the inquiry, or also to report the referee’s own opinion on the point referred for examination. (3) The proceedings and report, if any, of the referee are evidence in the cause or matter, but if the court has reason to be dissatisfied with them it may direct such further inquiry as it thinks fit. Partition of immovable property 6. (1) If a preliminary order for partition has been made, the court may appoint such person as it thinks fit to make the partition or separation according to the rights as declared in such order. (2) The person appointed must, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which the person was appointed, and must allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalising the value of the shares. (3) The person appointed must then prepare and sign a report, or, where more than one person was appointed and they cannot agree, they must prepare and sign separate reports, appointing the share of each party and distinguishing each share (if so directed by the said order) by measurements and boundaries. Such report or reports must be annexed to the appointment and transmitted to the court; and the court, after hearing any objections which the parties make to the report or reports, must confirm, vary, or set aside the same. 75 (4) If the court confirms or varies the report or reports it must give judgment in accordance with the same as confirmed or varied; but if the court sets aside the report or reports it must make such order as it thinks fit. Expenses in advance 7. Before issuing any commission, reference or appointment under this Order, the court may order such sum, if any, as it thinks reasonable for the expenses of the commission, reference or inquiry, to be paid within a time to be fixed into court by the party at whose instance or for whose benefit the commission, reference or appointment is issued. Powers of enquiry 8. Any person appointed under this Order may, unless otherwise directed by the order of appointment— (a) examine the parties and any witness whom they or any of them produce, and any other person whom the person appointed thinks proper to call upon to give evidence in the matter referred to that person; (b) call for and examine documents and other things relevant to the subject of the inquiry; (c) at any reasonable time enter upon or into any land or building mentioned in the order. Attendance and examination of witnesses 9. (1) The provisions of the Ordinance and these Rules relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses apply to persons required to give evidence or to produce documents under this Order, and for the purposes of this rule any person appointed under this Order is deemed to be a judge. (2) A commissioner appointed under this Order may apply to the court which appointed the commissioner for the issue of any process which the commissioner finds necessary to issue to or against any witness who resides within the limits of the jurisdiction of such court, and such court may in its discretion issue such process as it considers reasonable and proper. Parties to appear before commissioner 10. (1) If a commission is issued under the preceding rules, the court must direct that the parties to the cause or matter must appear before the commissioner in person or by their agents or advocate. (2) If all or any of the parties do not so appear, the person executing the commission may proceed in their absence. ORDER 28 Arrest and attachment before judgment 76 When defendant may be called upon to provide security for appearance 1. If at any stage of an action, the court is satisfied by affidavit or otherwise that the defendant is about to leave Ascension in circumstances affording a reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the prosecution of the action, the court may issue a warrant to arrest the defendant and bring the defendant before the court to show cause why he or she should not provide security for his or her appearance: Provided that the defendant must not be arrested if he or she pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim; and such sum will be held on deposit by the court until the action is disposed of or until the further order of the court. Security 2. (1) If the defendant fails to show cause why the defendant should not provide security, the court must order him or her either to deposit in court money or other property sufficient to answer the claim, or to provide security for his or her appearance at any time when called upon while the action is pending and until satisfaction of the judgment that may be pronounced against the defendant in the action, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to rule 1 of this Order. (2) Every surety for the appearance of a defendant must bind himself or herself in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the action. Defendant failing to provide security 3. If the defendant fails to comply with any order under rule 2 of this Order, the court may treat the defendant as being in contempt of court until the determination of the action, or, where judgment is pronounced against the defendant, until the judgment has been satisfied: Provided that no person must be detained in prison under this rule— (a) in any case for a longer period than 3 months; (b) after the person has complied with such order. Defendant may be called upon to provide security for production of property 4. If at any stage of an action the court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any judgment that may be pronounced against the defendant— (a) is about to dispose of the whole or any part of the defendant’s property; or (b) is about to remove the whole or any part of that property from the limits of the jurisdiction of the court, the court may direct the defendant, within a time to be fixed by it, either to provide security, in a sum specified in the order, to produce and place at the disposal of the court, when required, the said property or the value of same, or a portion thereof sufficient to satisfy the judgment, or to appear and show cause why the defendant should not provide security. 77 Attachment of property 5. (1) If the defendant fails to show cause why the defendant should not provide security, or fails to provide the security required within the time fixed by the court, the court may order that such property of the defendant as appears sufficient to satisfy any judgment which may be pronounced in the action, be attached. (2) If the defendant shows such cause or provides the required security, and any part of the defendant’s property has been attached, the court must order the attachment to be withdrawn, or make such other order as it thinks fit. Mode of attachment 6. Except as otherwise expressly provided, the attachment of property under this Order must be made in the manner provided for the attachment of property in execution of judgments. Saving of other rights 7. Attachment before judgment does not affect the rights existing prior to the attachment of persons not parties to the action. Property need not be re-attached in execution of judgment 8. If property is under attachment by virtue of this Order, and judgment is subsequently pronounced in favour of the plaintiff, it is not necessary, upon an application for execution of such judgment, to apply for a re-attachment of the property. ORDER 29 Temporary injunctions and interlocutory orders When temporary injunctions may be granted 1. If in any cause or matter it is proved by affidavit or otherwise— (a) that any property in dispute is in danger of being wasted, damaged, or alienated by any party or wrongfully sold in execution; or (b) that the defendant threatens or intends to remove or dispose of property with a view to defraud creditors, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the court thinks fit until the disposal of the cause or matter or until further orders. Injunction to restrain repetition or continuance of breach 2. (1) In any action for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed or not, the court may grant a temporary injunction, on such terms and subject to such conditions as it may think fit, to restrain the defendant from committing such breach of contract or injury or any injury of a like kind arising out of the same contract or relating to the same property or right. 78 (2) In cases of disobedience, or of breach of any such terms, the court may order the property of the person guilty of such disobedience or breach to be attached, and may also treat the disobedience or breach as a contempt of court. (3) No attachment under this rule may remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds the court may award such compensation at it thinks fit, and must pay the balance, if any, to the party entitled to it. Notice to opposite party 3. The court must in all cases, before granting an injunction, except where it appears that the object of granting the injunction would be defeated by the delay, direct notice of the application for the same to be given to the opposite party. Order may be discharged, varied or set aside 4. Any order for an injunction may be discharged, or varied, or set aside by the court on application made thereto by any party dissatisfied with such order. Power to order interim sale 5. The court may, on the application of any party to an action, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property the subject-matter of such action, or attached before judgment in such action, which is subject to speedy and natural decay, or which for other just and sufficient cause it may be desirable to sell at once. Detention, preservation, inspection, etc, of property 6. (1) The court may, on the application of any party to an action, and on such terms as it thinks fit— (a) make an order for the detention, preservation, or inspection of any property which is the subject-matter of such action, or as to which any question may arise therein; (b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such action; and (c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation to be made, or experiment to be tried, which may seem necessary or expedient for the purpose of obtaining full information or evidence. (2) The provisions of these Rules as to execution of process apply, with all necessary modifications, to persons authorised to enter under this rule. Deposit of money, etc, in court 7. If the subject-matter of an action is money or some other thing capable of delivery, and any party thereto admits that the party holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court or delivered to such last-named party, with or without security, subject to the further direction of the court. 79 ORDER 30 Receivers Appointment of receivers 1. If it appears to the court to be just and convenient, the court may by order— (a) appoint a receiver of any property, whether before or after judgment; (b) remove any property from the possession or custody of a person and commit the property to the possession, custody, or management of the receiver; and (c) confer upon the receiver all such powers as to bringing and defending actions and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of such documents as the owner has, or such of those powers as the court thinks fit. Remuneration 2. The court may, by general or special order, fix the amount to be paid as remuneration for the services of the receiver. ORDER 31 Judgments Judgment, when pronounced 1. In a cause where a hearing is necessary, the court, after the case has been heard, must pronounce judgment in open court, either at once or on some future day, of which due notice must be given to the parties or their advocates, if any. Judgment of Chief Justice 2. The Registrar, if so directed by the Chief Justice, may pronounce a judgment written and signed by the Chief Justice. Judgment to be signed 3. (1) Every judgment in the Supreme Court must be dated and signed by the Chief Justice. (2) Every judgment in the Magistrates’ Court must be pronounced by the person presiding over the court and must be dated and signed by him or her. (3) A judgment once signed must not afterwards be altered or added to save as provided by section 88 of the Ordinance or on review. Contents of judgment 4. Judgments in defended causes or matters must contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. 80 Relief granted to be specified 5. The judgment must specify the relief granted or other determination of the cause or matter and if an order as to costs is made must state by whom or out of what property or in what proportion such costs are to be paid. Entry of judgment, etc 6. Particulars of every judgment must be entered by the proper officer in the Action Book and every such entry must contain— (a) the relief granted or other determination of the cause or matter; and (b) the order of the court as to costs, and every such entry must be signed by the judge who pronounced judgment. Payment by instalments 7. If and in so far as a judgment is for the payment of money, the court may for any sufficient reason at the time of pronouncing the judgment or at any time thereafter order that payment of the amount adjudged must be postponed or must be made by instalments, with or without interest, notwithstanding anything contained in any contract under which the money may be payable. Possession and mesne profits 8. (1) If an action is for the recovery of possession of immovable property and for rent or mesne profits, the court may pronounce judgment— (a) for the possession of the property; (b) for the rent or mesne profits which have accrued on the property during a period prior to the institution of the action or directing an inquiry as to such rent or mesne profits. (2) If an inquiry is directed under sub-paragraph (b) of paragraph (1) of this rule, judgment in respect of the rent and mesne profits must be pronounced in accordance with the result of such inquiry. Administration action 9. (1) If an action is for an account in respect of any property or for its due administration under the direction of the court, the court must, before pronouncing judgment, order such accounts and inquiries to be taken and made, and give such other directions, as it thinks fit. (2) In the administration by the court of the property of any deceased person, if such property proves to be insufficient for the payment in full of the person’s debts and liabilities, the same rules must be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities, respectively, as may be in force for the time being with respect to the estates of persons adjudged or declared insolvent; and all persons, who, in any such case would be entitled to be paid out of such property, may make such claims against the same as they may 81 respectively be entitled by law to make. Dissolution of partnership 10. If an action is for the dissolution of a partnership, or the taking of partnership accounts, the court, before pronouncing judgment, may make an order, declaring the proportionate shares of the parties, fixing the day on which the partnership is to stand dissolved, or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit. Account between principal and agent, etc 11. In an action for an account of pecuniary transactions between a principal and an agent, and in any other cause or matter not hereinbefore provided for, if it is necessary, in order to ascertain the money due to or from any party, that an account should be taken, the court may, before pronouncing judgment, direct such accounts to be taken as it thinks fit. Set-off 12. If the defendant has been allowed a set-off against the claim of the plaintiff, the judgment must state what amount is due to the plaintiff and what amount is due to the defendant, and must be for the recovery of any sum which appears to be due to either party. Certified copies of judgment 13. Certified copies of the judgment and entry of judgment must be provided to the parties on application to the court and at their expense. Application to orders 14. The provisions of this Order apply, with all necessary modifications, to orders in the same manner and to the same extent as they apply to judgments. ORDER 32 Execution of judgments and orders Payment of money under judgment 1. (1) All money payable under a judgment must be paid as follows, namely— (a) into the court whose duty it is to execute the judgment; (b) direct to the judgment-creditor; or (c) otherwise as the court which pronounced the judgment directs. (2) If any payment is made under paragraph (1)(a), notice of payment must be given to the judgment-creditor. Execution of judgment 2. A judgment-creditor who desires to execute the judgment must apply to the court which pronounced such judgment— 82 (a) for the execution of such judgment; and (b) if the judgment-creditor wishes that judgment to be executed by another court in accordance with Part III of the Ordinance - for an order transferring such judgment for execution by that court. Form of application for execution 3. Every application for the execution of a judgment must be in Form 30 in the Appendix and must specify the mode in which the assistance of the court is required, that is to say— (a) by delivery of any property specifically ordered to be delivered; (b) Omitted (c) by the attachment of the salary of the judgment debtor; (d) by the attachment and sale of any property of the judgment debtor; (e) otherwise, as the nature of the relief may require. Execution of judgment by another court 4. A court sending a judgment for execution to another court under Part III of the Ordinance must send— (a) a certified copy of the entry in the Action Book; (b) a certificate stating that satisfaction of the judgment has not been obtained by execution within the jurisdiction of the court by which it was pronounced, or, if the judgment has been executed in part, the extent to which satisfaction has been obtained and what part of the judgment remains unexecuted; (c) a certified copy of any order for the execution of the judgment, or, if no such order has been made, a certificate to that effect; and (d) a certified copy of the application for execution. Execution of judgments of other courts 5. (1) A court in Ascension which receives a judgment for execution must cause any copies of judgments, orders or applications and all certificates received by it to be filed without any further proof of the judgment or order for execution, or of the copies thereof, unless the court for any special reasons to be recorded under the hand of the judge, requires such proof. (2) Any such court must, if it has been informed by the court which pronounced the judgment that an appeal has been lodged from such judgment— (a) stay the execution of such judgment; or (b) in any case where the property or person of the judgment debtor has been seized in execution of the judgment, order the restitution of such property or the release of the judgment debtor, pending the hearing and determination or other disposal of such appeal. Application for attachment of movable property not in judgment debtors possession 6. If an application is made for the attachment of any movable property belonging to a judgment debtor, but not in the person’s possession, the judgment-creditor must annex to the application an inventory of the property to be attached, containing a reasonably accurate 83 description of the same. Application for execution by joint judgment-creditor 7. (1) If a judgment has been pronounced jointly in favour of more persons than one, any one or more of such persons may, unless the judgment imposes any condition to the contrary, apply for the execution of the whole judgment for the benefit of them all, or if any of them has died, for the benefit of the survivors and the personal representative of the deceased. (2) If the court allows the judgment to be executed on an application made under this rule, it must make such order as it deems necessary for protecting the interests of the persons who have not joined in the application. Procedure on receiving application for execution 8. On receiving an application for the execution of a judgment as provided in rule 2 of this Order and on being satisfied that such application complies with rule 3 thereof, the court must, subject to the provisions hereinafter contained, order execution of the judgment according to the nature of the application. Execution of cross claims under same judgment 9. If an application is made to a court for the execution of a judgment under which 2 parties are entitled to recover sums of money from each other, then— (a) if the 2 sums are equal, satisfaction for both must be entered upon the judgment; and (b) if the 2 sums are unequal, execution may be taken out only by the party entitled to the larger sum, and for so much only as remains after deducting the smaller sum, and satisfaction of the smaller sum must be entered upon the judgment. Simultaneous executions 10. The court may, in its discretion, refuse execution at the same time against the person and property of the judgment debtor. Process for execution 11. (1) When the preliminary measures, if any, required by the foregoing rules of this Order have been taken, the court must, unless it sees cause to the contrary, issue its process for the execution of the judgment. (2) Every such process must bear date the day on which it is issued, and must be signed by the judge or such officer as the court may appoint in this behalf, and must be delivered to the proper officer to be executed. Endorsement of process 12. (1) The officer entrusted with the execution of the process must endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in 84 the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and must return the process with such endorsement to the court. (2) If the endorsement is to the effect that such officer is unable to execute the process, the court may examine the officer touching his or her alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and must record the result. Stay of execution pending action between judgment-creditor and judgment debtor 13. If an action is pending in any court between the judgment debtor as plaintiff and the judgment-creditor as defendant, the court may, on such terms as to security or otherwise as it thinks fit, stay execution of the judgment against the property or person of the judgment debtor until the pending action has been decided. Judgment for payment of money 14. Every judgment for the payment of money, including a judgment for the payment of money as an alternative to some other relief, may be executed by the attachment and sale of the property of the judgment debtor, or by both detention and attachment. Judgment for specific movable property 15.

If the judgment is for the delivery or recovery of any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as the party appoints to receive delivery on the party’s behalf. Judgment for specific performance or injunction 16. (1) If the party against whom a judgment for specific performance of a contract or for an injunction has been pronounced has had an opportunity of obeying the judgment and has wilfully refused to obey it, the party may be treated as being in contempt of court. (2) If the judgment for the specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the judgment-creditor or some other person appointed by the court, at the cost of the judgment debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the court may direct and may be recovered as if they were included in the judgment. Enforcement of judgments for specific performance, etc. against corporation 17. (1) If the judgment debtor in any judgment mentioned in rules 15 and 16 of this Order is a corporation, the judgment may be enforced by the attachment of the property of the corporation. (2) If any attachment under paragraph (1) has remained in force for 3 months, and if the judgment debtor has not obeyed the judgment and the judgment-creditor has applied to 85 have the attached property sold, such property may be sold; and out of the proceeds the court may award to the judgment-creditor such compensation as it thinks fit, and must pay the balance, if any, to the judgment debtor. (3) If the judgment debtor has obeyed the judgment and paid all costs of executing the same which the judgment debtor is bound to pay, or if at the end of 6 months from the date of the attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment ceases. Judgment for delivery of immovable property 18. (1) If the judgment is for the recovery or delivery of any immovable property, possession thereof must be delivered to the party to whom it has been adjudged, or to such person as that party may appoint to receive delivery on behalf of the party, and, if necessary, by removing any person bound by the judgment who refuses to vacate the property. (2) If possession of any building or enclosure is to be delivered, and the person in possession being bound by the judgment does not afford free access thereto, the court, through its officers, may remove or open any lock or bolt or break open any door or do any other act necessary for putting the judgment-creditor in possession. (3) If a judgment is for the recovery or delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the judgment to relinquish such occupancy, the court must order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property and notifying the occupant in such manner as may be suitable of the substance of the judgment with regard to the property. Arrest of judgment debtor 19. Omitted Subsistence allowance 20. Omitted Proceedings on appearance of judgment debtor 21. Omitted Examination of judgment debtor 22. If a judgment is for the payment of money, the judgment-creditor may apply to the court for an order that— (a) the judgment debtor; (b) in the case of a corporation, any officer thereof; or (c) any other person, be orally examined as to any or what debts are owing to the judgment debtor, and whether the judgment debtor has any and what property or means of satisfying the judgment, and the court may make an order for the attendance and examination of such judgment debtor, officer or other person, and for the production of any books or documents. 86 Attachment of movable property 23. If the property to be attached is movable property in the possession of the judgment debtor, the attachment must be made by actual seizure, and the attaching officer must keep the property in his or her own custody, or in the custody of one of his or her subordinates, and is responsible for the due custody thereof: Provided that— (a) when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it forthwith; and (b) when the property seized is livestock, the court may make such arrangement for the custody and maintenance thereof as it may deem sufficient. Attachment of property not in possession of judgment debtor 24. (1) In the case of the attachment of movable property not in the possession of the judgment debtor, except property deposited in or of the custody of any court, the attachment must be made by a written order prohibiting the person in possession of the same from giving it over to the judgment debtor. (2) A copy of such order must be affixed on some conspicuous part of the court house, and another copy must be sent to the person in possession of the property. Attachment of share in movables as co-owner 25. If the property to be attached consists of the share or interest of the judgment debtor in movable property belonging to the judgment debtor and another as co-owners, the attachment must be made by a notice to the judgment debtor prohibiting the judgment debtor from transferring the share or interest or charging it in any way and a copy of such notice must be served upon any co-owner. Attachment of salary 26. (1) If the property to be attached is the salary of a public officer or of any person privately employed, the court may order that the amount must, subject to section 37 of the Ordinance, be withheld from such salary either in one payment or by monthly instalments, as the court may direct; and upon notice of the order to the person whose duty it is to disburse such salary such person must withhold and remit to the court the amount due under the order, or the monthly instalments, as the case may be. (2) If the attachable proportion of such salary is already being withheld and remitted to a court in pursuance of a previous and unsatisfied order of attachment, the person whose duty it is to disburse such salary must forthwith return the subsequent order to the court issuing it with a full statement of all the particulars of the existing attachment. (3) Every order made under this rule, unless it is returned in accordance with paragraph (2), without further notice or other process, binds the Government or private employer, as the case may be, while the judgment debtor is in Ascension, and while he or she is elsewhere if in receipt of any salary payable out of the revenues of the Government, and the 87 Government or employer, as the case may be, is liable for any sum paid in contravention of this rule. Attachment of property in custody of court or public officer 27. If the property to be attached is in the custody of a court or public officer, the attachment must be made by a notice to such court or officer requesting that such property, and any interest or dividend becoming payable thereon, must be held subject to the further orders of the court from which the notice is issued: Provided that, where such property is in the custody of a court, any question of title or priority arising between the judgment debtor, claiming to be interested in such property by virtue of any assignment or otherwise, must be determined by such court. Order for payment of coin or currency notes 28. If the property attached is current coin or currency notes, the court may, at any time during the continuance of the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the judgment, be paid over to the party entitled under the judgment to receive the same. Determination of attachment 29. If any property has been attached in execution of a judgment, but by reason of the default of the judgment-creditor the court is unable to proceed further with the application for execution, it must either dismiss the application or for any sufficient reason adjourn the proceedings to a future date, and upon the dismissal of such application the attachment must cease. Investigation of objections to attachment or claims to attached property 30. (1) If any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a judgment on the ground that such property is not the property of the judgment debtor or is otherwise not liable, by virtue of section 37 of the Ordinance or of any other written law, to attachment, the court must proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if the claimant or objector were a party to the action. (2) If the property to which the claim or objection applies has been advertised for sale, the court ordering the sale may postpone it pending the investigation of the claim or objection. (3) The claimant or objector must adduce evidence to show that at the date of the attachment the claimant or objector had an interest in the property attached. Procedure after investigation 31. (1) If upon an investigation under rule 30 of this Order the court is satisfied that for the reason stated in the claim or objection the property was not liable to attachment, the court must make an order releasing the property, wholly or to such extent as it thinks fit, from attachment. 88 (2) If the court is satisfied that the property was, at the time it was attached, liable to attachment, the court must disallow the claim. Saving of actions to establish right to attached property 32. If a claim is preferred to, or an objection is made to the attachment of, any property the claimant may institute proceedings to establish the right which the claimant claims to the property in dispute, but, subject to the result of such proceedings, if any, the attachment order is conclusive. Sale of attached property 33. (1) Any court executing a judgment may, on the application of the judgment-creditor, order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the judgment, be sold, and that the proceeds of such sale, or a sufficient portion thereof, be paid to the party entitled under the judgment to receive the same. (2) Save as otherwise prescribed, every sale in execution of a judgment must be conducted by an officer of the court or by such other person as the court may appoint in this behalf, and must be made by public auction. (3) If any property is ordered to be sold by public auction in execution of a judgment the court must cause a copy of the order to be served on the judgment debtor and cause public notice of the intended sale to be given in such manner as the court thinks fit. (4) The costs of advertising the sale are deemed to be costs of the sale. Time of sale 34. Except with the consent in writing of the judgment debtor, no sale under this order may take place, except in the case of property of the nature described in the proviso to rule 23 of this Order, until after the expiration of at least 15 days from the date on which the public notice of the sale has been given as provided in rule 33 of this Order. Adjournment or stoppage of sale 35. (1) The court may, in its discretion, adjourn any sale under these rules to a specified day and hour, and the officer conducting any such sale may in his or her discretion adjourn the sale, recording the reasons for such adjournment under this Order. (2) Every sale must be stopped if the amount of the debt and costs (including the costs of the sale) is tendered to the officer conducting the sale, or proof is given to his or her satisfaction that such amount has been paid into the court which ordered the sale. Restrictions on buying property 36. (1) No judgment-creditor in a judgment in execution of which property is sold may, without the express permission of the court, bid for or purchase the property. 89 (2) If a judgment-creditor purchases with such permission, the purchase-money and the amount due on the judgment may, subject to section 44 of the Ordinance, be set off against one another, and the court executing the judgment must enter satisfaction of the judgment in whole or in part accordingly. (3) If a judgment-creditor purchases, whether or not through another person, without such permission, the court may, if it thinks fit on the application of the judgment debtor, by order set aside the sale to the judgment-creditor; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, must be paid by the judgment-creditor. (4) An officer or other person having any duty to perform in connection with any sale must not, either directly or indirectly, bid for, acquire or attempt to acquire, any interest in any property sold. Irregularity in sale 37. No irregularity in publishing or conducting the sale of movable property vitiates the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute an action against the person for compensation, or (if such person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery. Delivery of property sold 38. (1) If the property sold under rule 33 of this Order is property of which actual seizure has been made, it must be delivered to the purchaser. (2) If the property sold is in the possession of some person other than the judgment debtor, the delivery thereof to the purchaser must be made by giving notice to the person in possession ordering that person to deliver possession of the property to the purchaser. Rules of Supreme Court of England to apply in cases not provided for 39. The Rules of the Supreme Court 1965 of England, or any rules amending or replacing the same, apply, with all necessary modifications and adaptations, in any case for which no or insufficient provision is made by this Order as they apply to the enforcement of judgments of the Supreme Court of England. Application to orders 40. The provisions of this Order apply, with all necessary modifications, to orders in the same manner and to the same extent, as they apply to judgments. 90 ORDER 33 Interpleader Institution of proceedings 1. (1) If any person who is or who may be sued by 2 or more persons, claiming adversely to each other, for property in the person’s hands but in which the person claims no interest, may seek relief by way of interpleader proceedings in the manner prescribed in this Order. (2) Interpleader proceedings may be instituted— (a) in any case where no action is pending, by an originating summons; (b) in a case where an action is pending, by motion on notice in that action. Matters to be proved by applicant 2. In all proceedings by way of interpleader the applicant must satisfy the court by affidavit or otherwise— (a) that the applicant claims no interest in the subject-matter in dispute other than for charges or costs; (b) that there is no collusion between the applicant and any of the claimants; (c) that the applicant is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct. Stay of action 3. If the application is made by a defendant in an action the court may stay all further proceedings in the action. Order upon summons 4. In any case where interpleader proceedings have been initiated by originating summons, if the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any action already commenced in respect of the subject- matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be the plaintiff and which the defendant. Summary procedure 5. The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims, and decide the same in a summary manner and on such terms as may be just. Order on claimant’s failure to appear 6. If a claimant, having been duly served with a summons calling on the claimant to appear and maintain or relinquish the claim, does not appear in pursuance of the summons, or having appeared neglects or refuses to comply with any order made after appearance, the 91 court may make an order declaring the claimant and all persons claiming under the claimant to be forever barred against the applicant and persons claiming under the applicant, but the order does not affect the rights of the claimants as between themselves. ORDER 34 Procedure in Magistrates’ Court Application of Order 1. The provisions of this Order apply to the Magistrates’ Court only. Pleadings 2. Subject to rule 3 of this Order, an action may be instituted in the Magistrates’ Court by lodging a plaint in accordance with Order 4, and after service on the defendant of a writ of summons pursuant to rule 1 of Order 11 requiring the defendant to appear and answer the claim, such action may be tried and determined without further pleadings, unless the court otherwise orders. Actions for debts not exceeding £200 3. (1) All actions where the plaintiff seeks to recover a sum not exceeding £200 from the defendant in respect of— (a) a debt arising out of a contract; (b) a partnership account; (c) a claim in tort; (d) a claim for a distributive share under an intestacy, or to a legacy when no question of validity is in dispute; or (e) a penalty imposed on or an amount due by any written law or by the rules of any lawful society, may, at the option of the plaintiff, be instituted, heard and determined in the manner provided by this rule. (2) Every action under paragraph (1) of this rule must be commenced by complaint made verbally or in writing to the court, and if the plaintiff claims on an account, such account must be presented in duplicate when the complaint is made. (3) The court must issue a summons to the defendant, and such summons must state the complaint made by the plaintiff and must be accompanied by a copy of the account, if any, presented under paragraph (2). (4) On the day specified in the summons— (a) the plaintiff, or the plaintiff’s clerk or agent; and (b) the defendant, may appear, and if, after hearing the evidence given by such persons and any witnesses who may be called by them respectively, the court is satisfied of the justice of the claim, it must pronounce judgment accordingly, but must otherwise dismiss the complaint. (5) If the plaintiff does not appear at the time and place specified in the summons, and is not represented, the court may, on the application of the defendant, dismiss the 92 complaint. (6) If the defendant does not appear at the time and place specified in the summons the court may, upon proof of service of the summons, proceed to hear and determine the complaint, unless for sufficient reason it thinks fit to order an adjournment. (7) Judgment must not be pronounced in any proceedings under this rule for an amount exceeding £200, exclusive of costs. Rules to apply 4. (1) The provisions of these Rules relating to the service of process, summoning and examination of witnesses, adjournment of hearing and execution proceedings must apply, with all necessary modifications, to proceedings under this Order. (2) Notwithstanding paragraph (1) of this rule, in all actions which have been instituted under rule 3 of this Order, it is sufficient for the court to make in writing a brief summary of the evidence of the parties and their witnesses. ORDER 35 Miscellaneous applications by originating summons Executors, administrators, etc. 1. The executor or administrator of a deceased person, and a trustee under any deed or instrument and any person claiming to be interested in the relief sought as creditor, devisee, legatee, heir, or personal representative of a deceased person, or as the beneficiary under the terms of any deed or instrument, or as claiming by assignment, or otherwise, under any such creditor or other person as aforesaid, may take out an originating summons, returnable before the Chief Justice sitting in chambers, for such relief of the nature or kind following as may by the summons be specified and the circumstances of the case may require, that is to say, the determination, without the administration of the estate or trust, of any of the following questions— (a) any question affecting the rights or interest of the person claiming to be creditor, devisee, legatee, heir or beneficiary; (b) the ascertainment of any class of creditors, devisees, legatees, heirs, or others; (c) the providing of any particular accounts and the vouching, when necessary, of such accounts; (d) the payment into court of any money in the hands of the executors, administrators or trustees; (e) directing the executors, administrators or trustees to do, or abstain from doing, any particular act in their character as executors, administrators or trustees; (f) the approval of a sale, purchase, compromise, or other transaction; (g) the determination of any question arising directly out of the administration of the estate or trust. Administration of estate or trust 2. Any of the persons named in rule 1 of this Order, may in like manner apply for and obtain an order for the administration of— 93 (a) the personal estate of the deceased; (b) the real estate of the deceased; (c) the trust. Partnership 3. When the existence of a partnership, or the right to a partnership, or the fact of the dissolution thereof, is not in dispute, any partner in a firm or his or her representatives may take out an originating summons returnable before the Chief Justice sitting in chambers against his or her partners or former partners or their representatives, if any, for the purpose of having the partnership dissolved (if it be still subsisting) and for the purpose of taking the accounts of and winding up such partnership. Practice upon application for summons 4. (1) An originating summons must be in Form 48 of the Appendix, and must specify the relief sought. The person entitled to apply must present it with an affidavit setting forth concisely the facts upon which the right to the relief sought by the summons is founded, and the Chief Justice, if satisfied that the facts as alleged are sufficient, and the case is a proper one to be dealt with on an originating summons, must sign the summons and give such directions for service upon persons or classes of persons and upon other matters as may then appear necessary. (2) The originating summons when so signed must be filed, and entered in the register. Evidence and directions upon hearing of summons 5. On the hearing of the summons, if the parties do not agree to the correctness and sufficiency of the facts set forth in the summons and affidavit, the Chief Justice may order the summons to be supported by such further evidence as the Chief Justice considers necessary and may give such directions as the Chief Justice thinks just for the trial of any issues arising thereupon, and may make any amendments necessary to make the summons accord with existing facts, and to raise the matters in issue between the parties. Power of court on hearing of summons 6. The Chief Justice hearing an originating summons may, if he or she thinks fit, adjourn the same into court for taking evidence or hearing arguments; and, if it appears to the Chief Justice that the matters in respect of which relief is sought cannot properly be disposed of in a summary manner, may refuse to make any order on the summons, and may dismiss the same, referring the parties to an action in the ordinary course, making such orders as to costs as may appear to be just. ORDER 36 Appeals to the Supreme Court Form of appeal 1. (1) Every appeal to the Supreme Court must be preferred in the form of a 94 memorandum signed by the appellant or the appellant’s advocate and presented to the Registrar. (2) The memorandum must set forth, concisely and under distinct heads, the grounds of objection to the judgment or order appealed from without any argument or narrative; and such grounds must be numbered consecutively. (3) A copy of the said memorandum must be served within 28 days of the date of the judgment appealed from upon every person affected by the appeal. Grounds which may be taken in appeal 2. The appellant must not, except by leave of the court, urge, or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the Supreme Court in deciding the appeal is not confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the court under this rule: Provided that the Supreme Court may not rest its decision on any such other ground unless the party who might be affected thereby has had a sufficient opportunity of contesting the case on that ground. Appeal by one of several plaintiffs or defendants 3. If there are more plaintiffs or more defendants than one, and the judgment or order appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole judgment or order, and thereupon the Supreme Court may reverse or vary the judgment or order in favour of all the plaintiffs or defendants, as the case may be. Stay of proceedings 4. An appeal to the Supreme Court operates as a stay of proceedings under a judgment or order appealed from, except so far as the Supreme Court may order. Register of appeals 5. If a memorandum of appeal is lodged, the Registrar must cause to be endorsed thereon the date of presentation, and the appeal must be entered in a book to be kept for that purpose, to be called the Register of Appeals. Security for costs 6. (1) The Supreme Court may, in its discretion, at any time after an appeal is lodged, demand from the appellant security for the costs of the appeal: Provided that the court must demand such security in all cases in which the appellant is residing out of Ascension and is not possessed of property within Ascension other than the property, if any, to which the appeal relates. (2) If such security is not provided within the time the court orders, the court must dismiss the appeal. 95 Record of Magistrates’ Court 7. (1) When a memorandum of appeal is lodged, the Registrar must send notice of the appeal to the Magistrates’ Court. (2) The Magistrates’ Court must send to the Registrar with all practicable despatch the record of its proceedings in the action or matter to which the appeal relates. Notice of hearing 8. (1) The Chief Justice must appoint a day for hearing of the appeal and notice of the day so appointed must be served on the respondent or on the respondent’s advocate in the manner provided for the service on a defendant of a writ; and the provisions of these Rules applicable to a writ, and to proceedings with reference to the service thereof, apply to such notice. (2) The notice to the respondent must declare that if the respondent does not appear in the Supreme Court on the day so appointed, the appeal may be heard in the absence of the respondent. Non-appearance of parties 9. (1) If on the day appointed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the court may make an order that the appeal be dismissed. (2) If the appellant appears and the respondent does not appear, the appeal may be heard in the absence of the respondent. Reinstatement of appeal 10. If an appeal is dismissed under rule 9 of this Order, the appellant may apply to the Supreme Court for the reinstatement of the appeal; and if it is proved that the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the court must reinstate the appeal on such terms as to costs or otherwise as it thinks fit. Re-hearing on application of respondent 11. If an appeal is heard in the absence of the respondent and judgment is pronounced against the respondent, the respondent may apply to the Supreme Court to re-hear the appeal; and if the respondent satisfies the court that the notice of hearing was not duly served or that the respondent was prevented by sufficient cause from appearing when the appeal was called on for hearing, the court must re-hear the appeal on such terms as to costs or otherwise as it thinks fit. Power to direct respondents to be added 12. If it appears to the Chief Justice at the hearing of an appeal that any person who was a party to the action or matter in the Magistrates’ Court, but who has not been made a 96 party to the appeal, is interested in the result of the appeal, the court may adjourn the hearing to a future day to be appointed by the court and direct that such person be made a respondent. Remand by Supreme Court 13. If the Magistrates’ Court has disposed of the action or matter upon a preliminary point, and the judgment or order is reversed on appeal, the Chief Justice may, if the Chief Justice thinks fit, by order remand the case, and may further direct what issue or issues, must be tried in the case so remanded, and must send a copy of the judgment and order to the Magistrates’ Court, with directions to re-admit the action or matter under its original number in the register, and proceed to determine the action or matter; and the evidence, if any, recorded during the original trial is, subject to all just exceptions, evidence during the trial after remand. Supreme Court, may determine case finally 14. Notwithstanding rule 13 of this Order, if the evidence upon the record is sufficient to enable the Supreme Court to pronounce judgment, the Supreme Court may finally determine the action or matter, notwithstanding that the judgment of the Magistrates’ Court from the judgment or order of which the appeal is preferred has proceeded wholly upon some ground other than that on which the Supreme Court proceeds. Additional evidence in Supreme Court 15. (1) The parties to an appeal are not entitled to produce additional evidence, whether oral or documentary, in the Supreme Court; but— (a) if the Magistrates’ Court has refused to admit evidence which ought to have been admitted; (b) if the Supreme Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment; or (c) for any other substantial cause, the Supreme Court may allow such evidence or document to be produced, or witness to be examined. (2) Whenever additional evidence is allowed to be produced by the Supreme Court, the court must record the reason for its admission. Taking additional evidence 16. (1) Wherever additional evidence is allowed to be produced, the Supreme Court may either take such evidence or direct the Magistrates’ Court to take such evidence and send it when taken to the Supreme Court. (2) If additional evidence is directed or allowed to be taken, the Supreme Court must specify the points to which the evidence is to be confined and record on its proceedings the points so specified. Power of the Supreme Court on Appeal 17. (1) The Supreme Court may on appeal— (a) confirm, vary or reverse the judgment of the Magistrates’ Court; 97 (b) order that the judgment or order of the Magistrates’ Court be set aside and that a new trial be held; or (c) if the parties to the appeal agree as to the form which judgment on appeal must take, pronounce judgment or make an order accordingly. (2) The Supreme Court may pronounce any judgment and make any order which ought to have been pronounced or made in the Magistrates’ Court and pronounce or make such further or other judgment or order as the case requires; and such power may be exercised by the court notwithstanding that the appeal is as to part only of the judgment or order and may be exercised in favour of all or any of the respondents although such respondents have not filed any appeal or cross appeal. Judgment on appeal 18. (1) The judgment or order of the Supreme Court on an appeal must be dated, drawn up, sealed and signed in the same manner as a judgment in an action. (2) Certified copies of the judgment or order must be provided to the parties on application to the Supreme Court and on payment of the requisite charges. Copy of judgment to be sent to Magistrates’ Court 19. A copy of the judgment or order on appeal, certified by the Supreme Court, or such officer as it appoints for the purpose, must be sent to the Magistrates’ Court and filed with the original proceedings, and an entry of the judgment of the Supreme Court must be made in the register. ORDER 37 Appeals from Orders Appeals from orders as of right 1. An appeal lies as of right under section 66 of the Ordinance from the following orders, namely— (a) an order under rule 5 of Order 14 refusing to set aside the abatement or dismissal of an action or matter; (b) an order under rule 6 of Order 15 giving or refusing to give leave; (c) an order under rule 8 of Order 15; (d) an order under rule 2 of Order 17 rejecting an application for an order to set aside the dismissal of an action or matter; (e) an order under rule 6 of Order 19 recording or refusing to record an agreement; (f) an order made under rule 16 of Order 20 rejecting an application for an order to set aside the dismissal of an action or matter; (g) an order under rule 19 of Order 20 rejecting an application for an order to set aside a judgment or order pronounced ex parte; (h) an order under rule 13 of Order 21 pronouncing judgment against a party; (i) an order under rule 2 or rule 5 of Order 28; (j) an order under rule 1, rule 2, rule 4 or rule 7 of Order 29; (k) an order under rule 1 of Order 30; (l) an order under rule 36 of Order 32 setting aside or refusing to set aside a sale; 98 (m) orders in interpleader suits under rule 3 or rule 6 of Order 33; (n) an order made upon the hearing of an originating summons under Order 33; (o) an order of refusal under rule 10 of Order 36 to reinstate or under rule 11 thereof to rehear an appeal. Appeals from orders by leave 2. (1) An appeal under these rules does not lie from any other order save with the leave of the court making the order or of the court to which an appeal would lie if leave were given. (2) Applications for leave to appeal must in the first instance be made to the court making the order sought to be appealed from. Practice 3. The provisions of Order 36 apply, so far as may be, to appeals under this Order. ORDER 38 Revision Power of Supreme Court to call for records 1. The Supreme Court may call for and examine the record of any civil proceedings before the Magistrates’ Court for the purpose of satisfying itself as to the correctness, legality or regularity of such proceedings. Powers of Supreme Court on revision 2. (1) In the case of any proceedings in the Magistrates’ Court the record of which has been called for, or which otherwise comes to its knowledge, of it appears that in such proceedings an error material to the merits of any case or involving a miscarriage of justice has occurred, the Supreme Court may exercise any of the powers conferred on it as a court of appeal by Order 37. (2) If an appeal lies from any judgment or order of the Magistrates’ Court and no appeal is brought, no proceedings by way of revision may be entertained at the instance of the party who could have appealed. (3) In exercising its powers under this rule, the Supreme Court may, if it thinks fit, call for and receive from the Magistrates’ Court a report on any matter connected with the case. Discretion of court as to hearing parties 3. No party has the right to be heard either personally or by advocate before the Supreme Court when exercising its powers of revision: Provided that the court may, if it thinks fit, when exercising such powers hear any party either personally or by advocate. 99 Supreme Court order to be certified to lower court 4. When a case is revised by the Supreme Court, it must certify its decision or order to the Magistrates’ Court, and that court must thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record must be amended in accordance therewith. ORDER 39 Procedure on Applications Form of application 1. All applications to the court, except as otherwise expressly provided by these rules, must be made in writing addressed to the court. Notice to parties 2. A copy of every such application must, except as otherwise expressly provided by these rules, be served on all parties affected thereby: Provided that the court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as to the court may seem just, and any party affected by such order may move to set it aside. Contents of application 3. Every application must state in general terms the grounds on which it is made, and, where an application is supported by evidence on affidavit, a copy of such affidavit must be served on all parties affected by the application. Want of notice 4. If upon the hearing of any application, the court is of the opinion that sufficient notice has not been given or that any person to whom notice has not been given ought to have had such notice, the court may either dismiss the application or adjourn the hearing thereof in order that such notice may be given upon such terms, if any, as the court may think fit to impose. Applications to be heard in chambers 5. All applications, including applications by summons, must be in chambers. Transfer from court to chambers, etc 6. (1) Notwithstanding anything contained in these rules, the court may in any case direct that any business be disposed of in chambers which it considers may be more conveniently disposed of in chambers than in court. (2) The court may direct that any application made in chambers be disposed of in 100 court which it considers may be more conveniently disposed of in court than in chambers. ORDER 40 Time Month defined 1. If by these rules or by any judgment or order given or made the time for doing any act or taking any proceedings is limited by months, and if the word “month” occurs in any document which is part of any legal procedure under these rules, such time must be computed by calendar months unless otherwise expressed. Exclusion of Sundays, etc. 2. If any time less than 6 days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Sunday, Christmas Day, Good Friday, and any other day appointed as a public holiday must not be reckoned in the computation of such limited time. Time expiring on Sunday or closed day 3. If the time for doing any act or taking any proceedings expires on a Sunday or other day on which the Registry is closed, and therefore the act or proceeding cannot be done or taken on that day, such act or proceeding must, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the Registry is next open. Power to enlarge time 4. (1) If a time has been fixed for doing any act or taking any proceedings under these rules or by order of the court, the court may enlarge the time upon such terms, if any, as the justice of the case may require, and such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed: Provided that the costs of any application to extend such time and of any order made thereon is to be borne by the parties making such application, unless the court otherwise orders. (2) The time for delivering, amending or filing any pleading, answer or other document may be enlarged by consent in writing of the parties or their advocates without application to the court. Computation of days 5. In any case in which any particular number of days not expressed to be clear days is prescribed under these rules or by an order or direction of the court, the same must be reckoned exclusive of the first day and inclusive of the last day. Time of day of service 6. Service of writs, pleadings, notices, summonses, orders, rules and other 101 proceedings must normally be effected before 6.00 p.m., except on Saturdays when it must normally be effected before 1.00 p.m.. Service effected after 6.00 p.m. on any week-day except Saturday is, for the purpose of computing any period of time subsequent to such service, deemed to have been effected on the following day; service effected after 1.00 p.m. on a Saturday is for the like purpose deemed to have been effected on the following Monday. ORDER 41 Miscellaneous Costs of service 1. (1) Every process issued under the Ordinance or these Rules must be served at the expense of the party on whose behalf it is issued unless the court otherwise directs. (2) The fee chargeable for such service must be paid before the process is issued. Service of orders and notices 2. All orders, notices and documents required by the Ordinance or these Rules to be given to or served on any person must be served in the manner provided for the service of writs. Use of forms 3. The forms used for the purposes of the Ordinance or these rules must, with such variation as the circumstances of each case may require, be those contained in the Appendix and such other forms as may be approved by the Chief Justice. Rules of procedure not contained in these rules 4. Any special rules of procedure not contained in these Rules which may have been or may be made under any written law must, where they conflict with these Rules, prevail and be deemed to govern the procedure in the matter therein mentioned. ORDER 42 Powers and Duties of the Registrar General 1. (1) Wherever in the Ordinance or these Rules it is provided that any act or thing must or may be done by such officer as the court may appoint, then, in default of any appointment, that act or thing must or may be done by the Registrar. (2) For the purposes of this rule the Registrar is deemed to be a court. Reference to Chief Justice 2. If any matter appears to the Registrar to be proper for the decision of the Chief Justice, the Registrar may refer the same to the Chief Justice who may either dispose of the matter or refer the same back to the Registrar with such directions as the Chief Justice may 102 think fit. Appeals from Registrar 3. Any person aggrieved by an order of the Registrar may appeal therefrom to the Supreme Court. Such appeal must be by notice on motion. Registers and accounts 4. (1) The Registrar must— (a) register all judgments and orders and keep a record of all proceedings of the Supreme Court; and (b) cause to be registered all judgments and orders and cause to be kept a record of all proceedings of the Magistrates’ Court. (2) The Registrar must— (a) have custody and keep an account of all moneys, fees and fines paid or payable into court; (b) keep an account of all moneys paid out of court; (c) from time to time, as directed by the Chief Justice, submit his or her accounts to be audited by the person in the manner prescribed for the audit of public funds; and (d) pay to the Consolidated Fund the amount of fines, fees and other money in his or her custody at such intervals as the Financial Secretary directs. (3) For the purposes of paragraph (2) of this rule, “court” includes the Magistrates’ Court. ___________ CIVIL PROCEDURE ORDINANCE, 1968 CIVIL PROCEDURE RULES, 1969 APPENDIX (Order 41, rule 3) LIST OF FORMS 1. Notice to minor defendant and guardian 2. Plaint 3. Writ of summons to deliver a defence 4. Writ of summons to appear and answer claim 5. Affidavit of process server to accompany return of a summons or notice 6. Certificate of service of foreign process 7. Third party notice 8. Summons to personal representative of a deceased defendant 9. Order for affidavit as to documents 10. Affidavit as to documents 11. Order to produce documents for inspection 12. Notice to produce documents 13. Notice to produce (General form) 103 14. Notice to defendant 15. Summons to witness 16. Warrant of arrest of witness 17. Warrant of committal 18. Notice to parties of the day fixed for examination of a witness about to leave the jurisdiction 19. Commission to examine absent witness 20. Commission for a local investigation, or to examine accounts 21. Commission to make a partition 22. Warrant of arrest before judgment 23. Security for appearance of a defendant arrested before judgment 24. Order for committal 25. Direction to defendant to provide security 26. Security for the production of property 27. Attachment before judgment, on proof of failure to provide security 28. Temporary injunction 29. Appointment of a receiver 30. Application for execution 31. Order sending judgment for execution to another court 32. Certificate of non-satisfaction of judgment 33. Warrant of attachment of movable property in execution of a judgment for money 34. Warrant for seizure of specific movable property 35. Warrant to the sheriff to give possession of land, etc. 36. Notice to show cause (General form) 37. Omitted 38. Omitted 39. Omitted 40. Attachment order where the property to be attached consists of movable property to which the defendant is entitled subject to a right of some other person to the immediate possession of it 41. Order to attach salary 42. Attachment order where the property consists of money or of any security in the custody of a court of justice or public officer 43. Order for payment to the judgment creditor of coin or currency notes in the hands of a third party 44. Notice to attaching creditor 45. Warrant of sale of property in execution of judgment for money 46. Notification of sale 47. Notice to person in possession of movable property sold in execution 48. Originating summons (General form) 49. Memorandum of appeal 50. Notice to Magistrates’ Court of pending appeal 51. Notice to respondent of the day fixed for the hearing of the appeal 52. Notice to a party joined by the Court as a respondent 53. Notice to surety of liability under a judgment Form 1 NOTICE TO MINOR DEFENDANT AND GUARDIAN (O. 5, r. 2) 104 [Title of action or matter] TO ......................................…............... minor defendant and..........…................................, natural guardian. WHEREAS it is necessary for the purposes of the above action to appoint a guardian to the minor defendant, TAKE NOTICE that unless you ...................………........................... (insert name of natural guardian) apply to the Court within ...................... days to be appointed as such guardian, the Court will proceed to appoint some other person to act as guardian to the minor for the purposes of the said action. Given under my hand this ......................day of ...............................20....... Chief Justice/Magistrate ___________ Form 2 FORM OF PLAINT (Orders 8, 9 and 10) In the ...................................................... Court, Ascension. Plaintiff Name Address Occupation Defendant Name Address Occupation Particulars of claim: Relief claimed: Value of subject matter of action: £ The Plaintiff is/not a minor. The Defendant is/not a minor. Amount claimed: £ Fee paid: Service fee: ___________ Form 3 WRIT OF SUMMONS 105 (O. 11, r.

1) [Title of action or matter] To ............................................................ (name, description and address) WHEREAS ............................................................ has instituted an action against you, particulars of which are set out in the copy of the Plaint served herewith, you are hereby summoned to deliver a defence in the action within 15 days of the date of service hereof on you, exclusive of the day of such service. TAKE NOTICE that in default of your delivering a defence in the action you will not be allowed to dispute the plaintiff’s claim in the action, and judgment may be given against you. Given under my hand this ...................... day of ............................... 20....... Chief Justice/Magistrate Note: If you admit the claim you should pay the amount claimed into court together with the costs of the action to avoid execution of the judgment against your person or property or both. ___________ Form 4 WRIT OF SUMMONS TO APPEAR AND ANSWER CLAIM (O. 11, r. 1) [Title of action or matter] To ............................................................ (name, description and address) WHEREAS ............................................................ has instituted an action against you particulars of which are at out in the copy of the Plaint served herewith, you are hereby summoned to appear in this Court in person, on the .........………............. day of ....................................………................, 20.........., at ...................a..m./p.m., to answer the claim; and you are directed to produce on that day all the documents on which you intend to rely in support of your defence. TAKE NOTICE that, in default of your appearance on the day above-mentioned, the action will be heard and determined in your absence, and judgment may be given against you. Given under my hand this ...................... day of ...............................20....... Chief Justice/Magistrate Notes: 1. If you so desire, you can have a summons from this court to compel the attendance of any witness and the production of any document that you have a right to call on the witness to produce, on applying to the court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the amount claimed into Court, together with the costs of the action, to avoid execution of the judgment against your person or property or both. ___________ 106 Form 5 AFFIDAVIT OF PROCESS SERVER TO ACCOMPANY RETURN OF SUMMONS OR NOTICE (O. 11, r. 6) [Title of action or matter] The Affidavit of ..........................................................……… I ………....................................................... make oath/affirm and say as follows— 1. I am a process server of this Court. 2. On the ............…… day of .........…….............…20........ I received a writ of summons/notice issued by the ……………………………................... Court in Action No. ………….…….... in the said Court, dated the ……...……......…………….. day of ……....………......................, 20......... for service on ....................……………… . 3. The said ...........…………………………... was at the time personally known to me and I served the said writ/notice on him/her on the …………............. day of ……....................., 20........., at about …................. a.m./p.m. .……...................... by tendering a copy thereof to him/her and requiring his/her signature to the original writ/notice. 4. (Here state whether the person served signed or refused to sign the process, and in whose presence) OR 3. The said ....………………………………….... not being personally known to me, …………………… accompanied me to ……………………................... and pointed out to me a person whom he/she stated to be the said ..........………….………......, and I served the said writ/notice on him/her on the ........... day of ..................……….., 20....., at about ……..........a.m./p.m. by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice. 4. (Here state whether the person served signed or refused to sign the process, and in whose presence) OR If substituted service has been ordered under Order 11, rule 7, state fully and exactly the manner in which the summons was served. …………….………………………………. (Signature of Process Server) Sworn/Affirmed by the said …….…………….………. before me this ..…........................ day of ………………………………............. 20........ Commissioner for Oaths __________ Form 6 CERTIFICATE OF SERVICE OF FOREIGN PROCESS (O. 11, r. 15) [Title of action or matter] I, …………............................................. Registrar of the Supreme Court of St Helena, HEREBY CERTIFY that the documents annexed hereto are as follows— 107 1. The original letter of request for service of process received from the Court or Tribunal at ...................……...…… in the ………………............. of ……………....……................ in the matter of …............…………......... versus ……….…….......................; and 2. The process received with such letter of request; and 3. The evidence of service upon ..............…………………...., the person named in the letter of request, together with the verification of a Commissioner for Oaths. AND I CERTIFY that such service so proved, and the proof thereof, are such as are required by the law and practice of the Supreme Court of St Helena regulating the service of legal process in Ascension and the proof thereof. Dated this …….…………… day of ………….….…….….,20....... Registrar ___________ Form 7 THIRD PARTY NOTICE (O. 13, r. 1) [Title of action or matter] NOTICE filed on the ................……... day of ………......................., 20....... To .........………………………........... TAKE NOTICE that this action has been brought by the plaintiff against the defendant (State particulars of claim). The defendant claims to be entitled to contribution from you to the extent of (state proportion) of any sum which the plaintiff may recover against the defendant, on the ground that (state ground). OR The defendant claims to be entitled to contribution from you to the extent of (state proportion) of any sum which the plaintiff may recover against the defendant, on the ground that (state ground). OR The defendant claims to be entitled to (state remedy or relief) on the ground that (state ground. OR The defendant claims that (state question or issue between plaintiff and defendant) is substantially the same as is in issue between the defendant and you and should be determined in these proceedings. AND the defendant claims to be indemnified by you against liability for any costs which the plaintiff may recover against the defendant in defending this action to the extent of the whole (or as may be) of such costs, and further claims against you the costs of these third party proceedings. AND TAKE NOTICE that, if you wish to dispute the plaintiff’s claim in this action as against the defendant C.D., or your liability to the defendant C.D. you must deliver a defence within ............….... days after service of this notice. Signed……… 108 Defendant Dated……. ___________ Form 8 SUMMONS TO PERSONAL REPRESENTATIVE OF DECEASED DEFENDANT (O. 14, r. 2) [Title of action or matter] To ............................................................ WHEREAS the plaintiff ......……......……………....….. instituted an action in this Court on the ...................... day of .........………………....., 20........., against the defendant …...………...………………............. who has since died, and whereas the said plaintiff has made an application to this Court alleging that you are the personal representative of the said .................…………….., deceased, and desiring that you be made the defendant in his stead: YOU ARE HEREBY SUMMONED to attend in this Court on the ….................. day of .……................., 20........, at ……………a.m./p.m. to defend the said action and, in default of your appearance on the day specified, the said action will be heard and determined in your absence. Given under my hand this ...................... day of ............................... 20....... Chief Justice/Magistrate ___________ Form 9 ORDER FOR AFFIDAVIT AS TO DOCUMENTS (O. 15, r. 2) [Title of action or matter] UPON hearing …...............……....……. IT IS ORDERED that ….......………………........... do within .........…........... days from the date of this order answer on affidavit stating which documents are or have been in the possession or power of the said …………………….relating to the matter in question in this action and that the costs of this application be ...................………………. . Given under my hand this ...................... day of .............................., 20....... Chief Justice/Magistrate ___________ Form 10 AFFIDAVIT AS TO DOCUMENTS (O. 15, r. 3) [Title of action or matter] 109 I, the above-named defendant C.D., MAKE OATH AND SAY as follows— 1. I have in my possession or power the documents relating to the matters in question in this action set forth in the first and second parts of the First Schedule hereto. 2. I object to produce the documents set forth in the second part of the first schedule hereto (state grounds of objection). 3. I have had, but have not now, in my possession or power the documents relating to the matters in question in this action set forth in the Second Schedule hereto. 4. The last-mentioned documents were last in my possession or power on .……….....…………………………………………………………………..… (state when and what has become of them, and in whose possession they now are). 5. According to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my advocate or agent or of any other person on my behalf, any account, book of account, voucher, receipt letter, memorandum, paper or writing, or any copy of or extract from any document, or any other document whatsoever, relating to the matters in question in this action or any of them, or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the said first and second schedules hereto. First Schedule Second Schedule Signed…… Dated……. ___________ FORM 11 ORDER TO PRODUCE DOCUMENTS FOR INSPECTION (O. 15, r. 4) (Title of action or matter) UPON hearing ….........……………………....…… and upon reading the affidavit of ...............…………….... dated the ................ day of …………………..........., 20…….. . IT IS ORDERED that the ...........……………………....... do, at all reasonable times, on reasonable notice, produce at ............……………………… the following documents, namely ….................……………., and that the .…………………............ be at liberty to inspect and peruse the documents so produced and make notes of their contents. In the meantime it is ordered that all further proceedings be stayed and that the costs of this application be ...................…………………. . Given under my hand this ...................… day of ............................... 20....... Chief Justice/Magistrate ___________ Form 12 NOTICE TO PRODUCE DOCUMENTS (O. 15, r. 5) 110 [Title of action or matter] To ....................…………… Defendant/Plaintiff TAKE NOTICE that the plaintiff/defendant requires you to produce for inspection the following documents referred to in your plaint/defence/affidavit dated the ………….. day of ………….............., 20…… (Describe documents required) (Signed) ……………………………… Plaintiff/Defendant Dated….. ___________ Form 13 NOTICE TO PRODUCE (GENERAL FORM) (O. 15, r. 9) [Title of action or matter] To A.B., Plaintiff/Defendant To C.D., Defendant/Plaintiff TAKE NOTICE that you are hereby required to produce and show to the Court at the first hearing of this action all books, papers, letters, copies of letters and other writings and documents in your custody, possession or power containing any entry, memorandum or minute relating to the matters a question in this action, and particularly ...................…………………... Given under my hand this ...................… day of ..............................., 20....... Chief Justice/Magistrate ___________ Form 14 NOTICE TO DEFENDANT (O. 20, r. 13) [Title of action or matter] To ............................................................ (Name, description and place of residence) WHEREAS this day was fixed for the hearing of the above action and a summons was issued to you and the Plaintiff has appeared in this Court and you did not so appear, but from the return of the process server it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons. NOTICE is hereby given to you that the hearing of the action is adjourned this day and that the ................…………… day of ………………......................, 20........ is now fixed for the 111 hearing of the same and that in default of your appearance on the day last mentioned the action will be heard and determined in your absence. Given under my hand this ...................... day of ..............................., 20....….. Chief Justice/Magistrate ___________ Form 15 SUMMONS TO WITNESS (O. 21, r. 3) [Title of action or matter] To ............................................................ WHEREAS your attendance is required to ………………..........…. on behalf of the …......................... in the above action, YOU ARE HEREBY required personally to appear before this Court on the …....…….. day of …………....................., 20........, at ……......a.m./p.m. and to bring with you (or to send to this Court) ………………….. (The sum of ...................…………... being your travelling and other expenses and subsistence allowance for one day, is sent herewith) If you fail to comply with this order without lawful excuse, the Court may compel your attendance and you will be in contempt of court. Given under my hand this ...................... day of ............................... 20....... Chief Justice/Magistrate. Note: If you are summoned only to produce a document and not to give evidence, you will be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid. _______________ Form 16 WARRANT OF ARREST OF WITNESS (O. 21, r. 8) [Title of action or matter] To the Chief Officer of Police: WHEREAS ……..………….. has been duly served with a summons but has failed to attend: YOU ARE HEREBY ordered to arrest and bring the said ...…………................. before the Court. You are further ordered to return this warrant on or before the …………….. day of ……………..............., 20........, with an endorsement certifying the day and manner in which it 112 has been executed, or the reason why it has not been executed. Given under my hand this ...................... day of ..............................., 20....... Chief Justice/Magistrate ___________ Form 17 WARRANT OF COMMITTAL (O. 21, r. 10) Omitted ___________ Form 18 NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION (O. 23, r. 7) [Title of action or matter] To ...................................................., Plaintiff/Defendant WHEREAS application has been made to the Court by .……………................. that the examination of ……………......................,a witness required by the said ………………….............. may be taken immediately; and it has been shown to the Court’s satisfaction that the said witness is about to leave the Court’s jurisdiction (or any other good and sufficient reason to be stated): TAKE NOTICE that the examination of the said witness ........……………………. will be taken by the Court on the ……... day of ………………….................., 20....... Dated this ...................... day of ..............................., 20....... Registrar ___________ Form 19 COMMISSION TO EXAMINE ABSENT WITNESS (O. 27, rr. 1 and 10) [Title of action or matter] To the Magistrates’ Court at .................................................... WHEREAS the evidence of ………………….....……………........... is required by the ….……….................... and whereas ……………………......................: YOU ARE REQUESTED to take the evidence of such witness. The evidence may be taken in the presence of the parties or their agents, if in attendance, who 113 will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken. Process to compel the attendance of the witness will be issued by any court having jurisdiction on your application. Given under my hand this ...................... day of .............................., 20....... Chief Justice/Magistrate. ___________ Form 20 COMMISSION FOR AN INVESTIGATION, OR TO EXAMINE ACCOUNTS (O. 27, rr. 4 and 5) [Title of action or matter] To .................................................... WHEREAS it is considered requisite, for the purposes of this action, that a commission for ………… should be issued: YOU ARE HEREBY appointed Commissioner for the purpose of ...............………….. Process to compel the attendance before you of any witnesses, or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. (A sum of £ ......…………............., being your fee in the above, is herewith forwarded). Given under my hand this ..................... day of .............................., 20....... Chief Justice/Magistrate ___________ Form 21 COMMISSION TO MAKE A PARTITION (O. 27, r. 6) [Title of action or matter] WHEREAS it is considered requisite for the purposes of this action that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in the judgment of this Court dated the .......………............ day of …………........................, 20.....: YOU ARE HEREBY appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said judgment, and to allot such shares to the several parties. You are hereby authorised to award sums to be paid to any party by any other party for the purpose of equalising the value of the shares. Process to compel the attendance before you of any witness, or for the production of any 114 documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction to your application. (A sum of £ ......…………............., being your fee in the above, is herewith forwarded). Given under my hand this ..................... day of .............................., 20....... Chief Justice/Magistrate ___________ Form 22 WARRANT TO ARREST ABSCONDING DEBTOR (O. 28, r. 1) [Title of action or matter] To the Chief Officer of Police: WHEREAS ……………………., the plaintiff in the above action, claims the sum of £…………………………………… as noted in the margin and has proved to the satisfaction of the Court that there is probable cause for believing that the defendant is about to leave Ascension. THIS IS TO command you to demand and receive from the said ………………………………… the sum of £…....................... *as sufficient to satisfy the plaintiff’s claim, and unless the said sum of £....................…….… is forthwith delivered to you by or on behalf of the said ....………................, to take the said ..............………...…........ into custody, and to bring him/her before this Court, in order that he/she may show cause why he/she should not provide security to the amount of £……....................... for his/her personal appearance before the Court until such time as the said action is fully and finally disposed of, and until satisfaction of any judgment that may be passed against him/her in the action. *Principal Interest Costs Total Given under my hand this ..................... day of .............................., 20....... Chief Justice/Magistrate ___________ Form 23 SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT (O. 28, r. 2) [Title of action or matter] To .................................................... 115 WHEREAS at the instance of ....................………….………, the plaintiff in the above action, …....................………… the defendant, has been arrested and brought before the Court. And whereas on the failure of the said defendant to show cause why he/she should not provide security for his/her appearance, the Court has ordered him/her to provide such security. THEREFORE I …………………………….. have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant will appear at any time when called upon while the action is pending and until satisfaction of any judgment that may be passed against him/her in the said action; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said action. Witness my hand at ……………………. this ..................... day of .............................., 20....... Signed……… Surety Witness: 1. …………………………………. 2. …………………………………. ……………………………………. ___________ Form 24 ORDER FOR COMMITTAL (O. 28, r. 3) Omitted ___________ Form 25 DIRECTION TO DEFENDANT TO PROVIDE SECURITY (O. 28, r. 4) [Title of action or matter] To .............................................., Defendant. WHEREAS …………………........................ has proved to the satisfaction of the Court that you are about to ....................………………. . THIS IS to direct you on or before the …….......... day of ………....................... 20......., to provide security in the sum of £…….................... to produce and place at the disposal of this Court when required ................…………...... or the value thereof, or such portion of the value as may be sufficient to satisfy any judgment that may be passed against you; or to appear and show cause why you should not provide security. Given under my hand this ..................... day of ............................. 20....... Chief Justice/Magistrate ___________ 116 Form 26 SECURITY FOR PRODUCTION OF PROPERTY (O. 28, r. 4) [Title of action or matter] WHEREAS at the instance of ..……..…………………………….., plaintiff in the above action, .……………………………., the defendant, has been directed by the Court to provide security in the sum of £………...... to produce and place at the disposal of the Court the property specified in the schedule hereunto annexed: NOW THEREFORE, I, …………............……….. have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court that the said defendant will produce and place at the disposal of the Court, when required, the property specified in the said Schedule, or the value of the same, or such portion thereof as may be sufficient to satisfy the judgment; and in default of his so doing, I bind myself, my heirs and executors, to pay to the said Court at its order, the said sum of £..................... or such sum not exceeding the said sum as the said Court may adjudge. Schedule Witness my hand at ……………………………………. this ..................... day of .............................., 20....... . Surety Witness: ……………………………………. ___________ Form 27 ATTACHMENT BEFORE JUDGMENT ON PROOF OF FAILURE TO PROVIDE SECURITY (O. 28, r. 5) [Title of action or matter] To the Chief Officer of Police: WHEREAS the Court has called upon …………......................, the defendant, to provide security to fulfil any judgment that may be passed against him/her in the action, which he has failed to do these are to command you to attach ..................……………. the property of the said ..………….................... and keep the same under safe and secure custody until the further order of the Court; and you are further commanded to return this warrant on or before the .......……..…. day of ..……....................., 20......, with an endorsement certifying the date on which and the manner in which it has been executed, or the reason it has not been executed. Given under my hand this ..................... day of .............................. 20....... Chief Justice/Magistrate ___________ 117 Form 28 TEMPORARY INJUNCTION (O. 29, r. 1) [Title of action or matter] UPON HEARING the plaintiff A.B., and upon hearing the evidence of ..…………………................... and ....................................................., THIS COURT ORDERS that an injunction do issue to restrain the defendant C.D., the defendant’s servants, agents and workmen from (specify nature of restraint imposed) until the hearing of this action or until the further order of this Court. Dated this .............................day of .................................. 20....... Chief Justice/Magistrate ___________ Form 29 APPOINTMENT OF A RECEIVER (O. 30, r. 3) [Title of action or matter] To .................................................................... WHEREAS ........................................................... has been attached in execution of a judgment passed in the above action on the ..................................... day of ..........................................., 20......., in favour of ...................................................., YOU ARE HEREBY APPOINTED receiver of the said property under Order 30 of the Civil Procedure Rules, 1969, with full powers under the provisions of that Order. You are required to render a due and proper account of your receipts and disbursements in respect of the said property on ……...........................................….. You will be entitled to remuneration at the rate of ...........................................% upon your receipts under the authority of this appointment. Given under my hand this .............................. day of ........................................,20...... Chief Justice ________________ Form 30 APPOINTMENT FOR EXECUTION (O. 32, r. 3) In the ...............................................................Court I ..............................................................., judgment-creditor, hereby apply for execution of the judgment set forth below— 1. No. of Case 2. Names of Parties. A.B. - Plaintiff. 118 C.D. - Defendant. 3. Date of Judgment. ……………………… 4. Whether any appeal preferred from judgment. Yes/No 5. Payment or adjustment made, if any. 6. Previous application made, if any, with date and result. £ ...................... recorded on application, dated ………………………………. .. 7. Amount with interest due upon the judgment or other relief granted thereby with particulars of any cross judgment. £ ...................... principal (interest of 6 % from date of judgment till payment). 8. Amount of costs, if any, awarded. £ As awarded in judgment: Subsequently incurred: Total £ ...................... 9. Against whom to be executed. Against the defendant, C.D. 10. Mode in which the assistance of the Court is required. I apply for the total amount of £ ...................... (together with interest on the principal sum up to date of payment) and the costs of taking out this execution, be realised by attachment and sale of defendant’s movable property as per annexed list and paid to me. I declare that what is stated herein is true to the best of my knowledge and belief. Signed ……………………. Judgment-creditor. Dated this ...................... day of ......................, 20...................... ___________ Form 31 ORDER SENDING JUDGMENT FOR EXECUTION TO ANOTHER COURT (O. 32, r. 4) [Title of action or matter] WHEREAS the judgment-creditor in the above action has applied to this Court for a certificate to be sent to the .................................... Court at ........................................ for execution of the judgment in the above action, alleging that the judgment debtor resides or has property within the local limits of the jurisdiction of the said Court and it is deemed necessary and proper to send a certificate to the said Court under rule 4 of Order 32 of the Civil Procedure Rules, 1969. ORDERED That a copy of this Order be sent to the ........................................ Court at .................................... with a certified copy of the entry of judgment and of any order which may have been made for execution the same and a certificate of non-satisfaction. Dated this ....................day of ........................................ 20....….. Chief Justice/Magistrate ___________ Form 32 CERTIFICATE OF NON-SATISFACTION OF JUDGMENT (O. 32, r. 4) 119 [Title of action or matter] IT IS HEREBY CERTIFIED that no * satisfaction of the judgment of this Court in Action No. ...................................... a copy of which is attached, has been obtained by execution within the jurisdiction of this Court. Dated this .............................. day of ........................................, 20...... Chief Justice/Magistrate * If partial, strike out “no” and state to what extent. ___________ Form 33 WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A JUDGMENT FOR MONEY (O. 32, rr. 14, 38) [Title of action or matter] To the Chief Officer of Police: WHEREAS .............................. was ordered by judgment of this Court passed on the ..................... day of ........…………............, 20...., in Action No. ….................... and whereas the said sum of £.............……..... has not been paid: THIS IS to command you to attach the movable property to the said ........................... as set out in the Schedule hereto, or which is pointed out to you by the plaintiff, and unless the said ...................……. pays to you the said sum of £....…................. together with £................…….. the costs of this attachment, to hold the same until further orders from this Court. YOU ARE further commanded to return this warrant on or before the ................... day of ............................. with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed. Principal....................... £ Interest ............................ £ Costs .............................. £ Costs of execution £ Further interest £ Total ……...... £ Given under my hand this ..................... day of .............................., 20....... Chief Justice/Magistrate Schedule ___________ Form 34 WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY (O. 32, r. 15) 120 [Title of action or matter] To the Chief Officer of Police: WHEREAS ................................................. was ordered by judgment of this Court passed on the .................................... day of .........................................., 20........, in Action No. .......................... to deliver to the plaintiff the movable property (or a ......................................... share in the movable property) specified in the Schedule hereto, and whereas the said property (or share) has not been delivered: THIS IS to command you to seize the said property (or share) that has not been delivered: said movable property) and to deliver it to the plaintiff or to such person as the plaintiff may appoint for the purpose. Given under my hand this ..................... day of .............................., 20....... Chief Justice/Magistrate Schedule ___________ Form 35 WARRANT TO THE SHERIFF TO GIVE POSSESSION OF LAND, ETC. (O. 32, r. 18) [Title of action or matter] To the Chief Officer of Police: WHEREAS the under-mentioned property in the occupancy of …………………. ............................................. has been adjudged to ......................………….............. the plaintiff, YOU ARE HEREBY directed to put the said ...............................………......... in possession of the same, and you are hereby authorised to remove any person bound by the judgment who may refuse to vacate the same. Given under my hand this ..................... day of .............................. 20....... Chief Justice/Magistrate Schedule ___________ Form 36 NOTICE TO SHOW CAUSE (GENERAL FORM) [Title of action or matter] To .................................................... 121 WHEREAS the above-named ........................................... has made application to this Court that ................................................ : YOU ARE hereby warned to appear in this Court on the ....................... day of ................................, 20....., at ......................a.m./p.m., to show cause against the application, failing which, the said application will be heard and determined without your attendance. Given under my hand this ..................... day of .............................., 20....... Chief Justice/Magistrate ___________ Foem 37 WARRANT OF ARREST IN EXECUTION (O. 32, r. 19) Omitted ___________ Form 38 WARRANT OF COMMITTAL OF JUDGMENT DEBTOR TO PRISON (O. 35, r. 21) Omitted ___________ Form 39 ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A JUDGMENT (Sections 35 and 36 of the Ordinance) Omitted ___________ Form 40 ATTACHMENT ORDER WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO A RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION OF IT (O. 32, r. 24) [Title of action or matter] To .................................................... WHEREAS ................................... has failed to satisfy a judgment passed against ..........……………………... on the ....................... day of ..........................................., 20…….... in Action No. ……………..........…. . IT IS ORDERED that you, the said ............................................, are prohibited and restrained, until further notice of the Court, from delivering the said property to any person or persons whatsoever. Given under my hand this .......................... day of ................................... 20....... 122 Chief Justice/Magistrate ___________ Form 41 ORDER TO ATTACH SALARY (O. 32, r. 26) [Title of action or matter] To .................................................... WHEREAS ..................................., judgment debtor in the above-named case is a ....................... (describe office of judgment debtor) receiving his/her salary at your hands; and whereas ........................... judgment-creditor in the said case, has applied to this Court for an attachment of the salary of the said ....................................... to the extent of £............................. due to him/her under the judgment: YOU ARE HEREBY required to withhold the said sum of £…....................... from the salary of the said ................................... in full (if the amount does not exceed one half of the monthly salary) or else in monthly instalments of one half of the salary until satisfaction of the judgment in full, and to remit the said sum (or monthly instalments) to this Court. Given under my hand this .......................... day of ..................................., 20....... Chief Justice/Magistrate ___________ Form 42 ATTACHMENT ORDER WHERE THE PROPERTY CONSISTS OF MONEY OR ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR PUBLIC OFFICER (O. 32, r. 27) [Title of action or matter] To .................................................... The plaintiff having applied for an attachment of certain money amounting to £ ...................... /a certain security, namely ...................................., now in your hands ........................................... (here state how the property is supposed to be in the hands of the person addressed, on what account, etc.), I REQUEST that you will hold the said money/security subject to the further order of the Court. Dated this .......................... day of ...................................20....... Chief Justice/Magistrate ___________ Form 43 123 ORDER FOR PAYMENT TO THE JUDGMENT CREDITOR OF COIN OR CURRENCY NOTES IN THE HANDS OF A THIRD PARTY (O. 32, r. 28) [Title of action or matter] To .................................................... WHEREAS in the above-named action the judgment-creditor has applied to this Court for an Order of attachment of certain money in .................................. (here state whether coin or currency notes or both) amounting to £ ........................... now in your hands, which money the judgement-creditor alleges to be the property of the above-named judgment debtor. YOU ARE HEREBY commanded of the aforesaid sum of money to pay over to the above- named judgment-creditor the sum of £ ................................. Given under my hand this .......................... day of ..................................., 20....... Chief Justice/Magistrate ___________ Form 44 NOTICE TO ATTACHING CREDITOR (O. 32, r. 30) [Title of action or matter] WHEREAS .......................................... has made application to this Court for the removal of attachment on ....................................... placed at your instance in execution of the judgment in Action No. ........................ THIS IS to give you notice to appear before this Court on ............................. the .............................. day of .........................................., 20......., to support your claim as attaching creditor. Given under my hand this .......................... day of ..................................., 20....... Chief Justice/Magistrate ___________ Form 45 WARRANT OF SALE OF PROPERTY IN EXECUTION OF JUDGMENT FOR MONEY (O. 32, r. 33) [Title of action or matter] To .................................................... THIS IS to command you to sell by auction on the date mentioned in the notification of sale (a 124 copy of which will be forwarded to you) and subject to the conditions of sale therein contained the property attached under an Order of this Court dated the .................... day of ........................................... 20......... as described in the Schedule hereto, or so much thereof as will realise the amount owing under the judgment in this action as set out in the notification of sale. You are further commanded to return this warrant on or before the ....................... day of ........................................., 20.......... with an endorsement certifying the manner in which it has been executed or the reason why it has not been executed. Given under my hand this ..........................day of ................................... 20....... Chief Justice/Magistrate Schedule ___________ Form 46 NOTIFICATION OF SALE (O. 32, r. 33) [Title of action or matter] NOTICE is hereby given that pursuant to an Order for sale in satisfaction of the judgment in the above action a sale by public auction will be held by ...……........................... at .............................................. commencing at ................... a.m./p.m. ............................. day of .................................., 20....... The amount to be realised by the sale is £ ................................. (balance of) amount of the judgment. £ ...................……............. further costs and £.....……............................. interests up to the ....................................., 20....... amounting in all to £..………............................. together with further interest at ................................ % per annum on the (balance of the) amount of the judgment up to the date of sale and the costs of the sale. The conditions of sale are as follows— 1. The subject matter of the sale is the property of the above-named judgment debtor(s) specified in the Schedule hereto. 2. The property will be put up in one lot or in such lots as the officer or other person conducting the sale decides. 3. It is in the discretion of the officer conducting the sale to adjourn it, subject to rule 35 of Order 32 of the Civil Procedure Rules, 1969. 4. If the debt above specified including further interest and costs of sale is paid in full before the knocking-down of any lot, the sale will be stopped. 5. No bid by or on behalf of the judgment-creditor will be accepted nor will any sale to the judgment-creditor be valid without the express permission of the Court previously obtained. 6. The officer or other person conducting the sale will withdraw any lot if the highest bid therefor appears so clearly inadequate as to make it advisable so to do. 7. Subject to conditions 5 and 6 the highest bidder will be declared to be the purchaser. The purchase price must be paid at the time of the sale and in default of payment immediately the property will forthwith again be put up for sale and the first auction will be void. Schedule Short description of the property with name of owner where more judgment debtors than one. 125 Details of known encumbrances and claims to which the property is liable. This notification of sale was settled by the Court on the ................... day of ........................., 20...... Registrar ___________ Form 47 NOTICE TO PERSON IN POSSESSION OF PROPERTY SOLD IN EXECUTION (O. 32, r. 38) [Title of action or matter] To .................................................... WHEREAS .............................................. has become the purchaser at a public sale in execution of the judgment in the above action of (specify property) now in your possession, YOU ARE HEREBY prohibited from delivering possession of the said ............................................... to any person except the said ......................................... Given under my hand this .......................... day of ................................... 20....... Chief Justice/Magistrate ___________ Form 48 ORIGINATING SUMMONS (GENERAL FORM) (O. 35, r. 4) In the Supreme Court of St Helena between: A.B. Plaintiff. and C.D. Defendant. (Entitle the proceedings as arising in the administration of an estate, or of a trust, or out of a sale and purchase of immovables, or of a partnership, or any other matter stated in Order 35, Rules 1, 2 or 3). To ........................................... (state the name and address of persons to be served). WHEREAS the above-named A.B., ............................ of .................................. who claims to be interested in the above-named matter ...................................... (state nature and particulars of claim) has applied for the determination of the following questions ................................ (state the questions). YOU ARE HEREBY REQUIRED, if you desire to be heard upon the determination of any of the said questions, to appear personally or by advocate at ................................... (state time and place), when this Court will proceed to make such orders, whether by way of declaration or otherwise, as the Court may think just and expedient. 126 Dated this ..........................day of ...................................,20....... Chief Justice ___________ Form 49 MEMORANDUM OF APPEAL (O. 36, r. 1) [Title of action or matter] To the Registrar of the Supreme Court. .................................................... above-named appeals to the Supreme Court from the judgment of the Magistrates’ Court in Action No. ............................ dated the ............................ day of .............................................., and sets forth the following grounds of objection to the judgment appealed from namely— 1. ………………………………………... 2. ………………………………………... Dated this .........................day of ...................................20....... Appellant ___________ Form 50 NOTICE TO MAGISTRATES’ COURT OF PENDING APPEAL (O. 36, r. 7) [Title of action or matter] To the Magistrates’ Court YOU ARE HEREBY directed to take notice that the .......................................... in the above action has preferred an appeal to this Court from the judgment passed by you therein on the ............................... day of ....................................... . You are requested to send with all practicable despatch all material papers in the action. Dated this .........................day of ...................................20....... Registrar ___________ Form 51 NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL (O. 36, r. 8) [Title of action or matter] 127 Appeal from the Magistrates’ Court. To ................................................, respondent. TAKE NOTICE that an appeal from the judgment of the Magistrates’ Court in this case has been presented by ................................…………..... to this Court, and that the ................... day of .............................................., has been fixed by this Court for the hearing of this appeal. If no appearance is made on your behalf by yourself or by someone by law authorised to act for you in this appeal, it will be heard and decided in our absence. Given under my hand this ..........................day of ...................................20....... Registrar ___________ Form 52 NOTICE TO A PARTY JOINED BY THE COURT AS A RESPONDENT (O. 36, r. 12) [Title of action or matter] To .................................................. WHEREAS you were a party to Action No. ............................ in the Magistrate’s Court, and whereas ..................................... has preferred an appeal to this Court from the judgment passed against …………. in the said case and it appears to this Court that you are interested in the result of the said appeal: THIS IS to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the ....................... day of ...…………………….…............., at ..................a.m./p.m. I If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence. Given under my hand this .........................day of ..................................20....... Chief Justice ___________ Form 53 NOTICE TO SURETY OF LIABILITY UNDER A JUDGMENT [Title of action or matter] To ..................................................... WHEREAS you ..…….................................... did on ............................….......... become liable as surety to the performance of any judgment which might be passed against the said .................................., defendant in the above action, and whereas a judgment was passed on the .................................... day ........................................., against the said defendant for the payment of ..........................………………........, and whereas application has been made for 128 execution of the said judgment against you: Take notice that you are hereby required, on or before the ........................ day of ........................................, to show cause why the said judgment should not be executed against you, and if no sufficient cause is, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application. Given under my hand this ..........................day of ...................................20....... Chief Justice/Magistrate ____________