Export to PDF
Export to PDF
Print paper
CHAPTER: 04:02
Part:V General (ss 25-28)

25.     Protection of judicial officers

          (1) No judge shall be liable to be sued in any court for any act done or ordered to be done by him in the discharge of his judicial duty whether or not done within the limits of his jurisdiction, nor shall any order for costs be made against him, provided that he at the time in good faith believed himself to have the jurisdiction to do or order the act complained of.

          (2) No officer of the Court or other person bound to execute the lawful warrants or orders of the Court or other person acting judicially shall be liable to be sued in any court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the person issuing the same, nor shall any such person or the person at whose instance such warrant or order is to be executed be deemed to be a trespasser by reason of any irregularity in any proceeding on the validity of which such warrant or order depends or in the form of such warrant or order or in the mode of executing the same.

          (3) No officer of the Court shall be liable to be sued in any court for any act or omission of any police officer or other person in the execution of any process which has been done or may have occurred either through disobedience or neglect of the orders or instructions given.

26.     Restriction of vexatious actions

          If, either of its own motion or on application made under this section by the Attorney-General, the Court is satisfied that any person has habitually and persistently and without reasonable cause instituted vexatious legal proceedings, whether in the Court or in any magistrate's court, and whether against the same person or persons or against different persons, the Court may, after hearing such person, or giving him an opportunity of being heard, order that no legal proceedings shall, without the leave of the Court, be instituted by him in any court, and, if already instituted at the making of the order, shall not be continued by him without such leave, and before giving such leave the Court shall be satisfied that the proceedings are not an abuse of the process of the Court and that there is a prima facie ground for such proceedings.

27.     Execution of warrants

          Any warrant of committal issued by the Court in the exercise of its civil jurisdiction may be executed by a Deputy Sheriff or any other person to whom it is directed at any time notwithstanding that the warrant is not in his possession at that time:

          Provided that the warrant shall, on demand of the person arrested, be shown to him as soon as possible after his arrest.

28.     Rules of court

          The Chief Justice may make rules of court prescribing anything which, under this Act, may be or is to be prescribed and generally for the better carrying out of the purposes of this Act, and, without prejudice to the generality of the foregoing, such rules of court may provide-

    (a)     for the pleading, practice and procedure of the Court, including all matters connected with the forms to be used and the fees to be payable, the amount and the method and time of payment of the same;

    (b)     for the expenses of parties and witnesses, the amount and the method and time of payment of the same;

    (c)     for the fees and costs of legal practitioners and notaries public, and the amount, taxation and recovery of the same;

    (d)     for the duties and powers of the several officers of the Court;

    (e)     for regulating the sittings of the Court and of the judges, whether sitting in chambers and the times for the holding of Courts;

    (f)      that, in any matrimonial matter, the judge may, if the parties agree, interview them privately in his chambers in the presence of their legal advisers for the purpose of discussing with them a settlement of the matter or any other matter affecting the future conduct of the proceedings;

    (g)     that, in any case affecting the custody of children, the judge may, if he thinks fit, interview such children privately in his chambers;

    (h)     for regulating and prescribing the procedure on appeals or reviews from any court or person to the Court and setting out the powers of the Court in the exercise of its appellate and revisional jurisdiction;

    (i)      for regulating and prescribing the procedure in connection with interlocutory applications;

    (j)      for regulating and prescribing the manner of dealing with commissions rogatoire, letters of request and documents for service from foreign countries;

    (k)     for prescribing the fees to be paid in respect of service or execution of any process of the Court or in respect of the summoning of persons to answer interrogatories;

    (l)      for prescribing and regulating the manner of determining the amount of security to be given in any case where security is required to be given and the form and manner in which such security may be given;

    (m)    for prescribing and regulating the hours during which the office of the Registrar shall be open for the transaction of business;

    (n)     for prescribing and regulating the proceedings of the Sheriff, Deputy Sheriffs and other officers of the Court;

    (o)     for prescribing the tariff of costs and expenses which may be allowed in respect of service or execution of any process referred to in paragraph (m) or to persons appearing to answer interrogatories;

    (p)     for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or to be brought for the purpose of delay;

    (q)     for the time within which any requirement of the rules is required to be compiled with and the extension of such time;

    (r)      for prescribing the circumstances in which an appeal shall be deemed to have been abandoned;

    (s)     for generally making provision in regard to any matter in respect of which, in the opinion of the Chief Justice, it is necessary or desirable to make provision in order to facilitate the proper dispatch and conduct of the business of the court.