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Subordinate courts
Subordinate courts civil Procedure
| Question | Answer |
|---|---|
| What is the relative ranking and hierarchy of the Supreme Court and the Constitutional Court? | They are the highest courts in Zambia and rank equivalently, with no appeal lying from the Constitutional Court to the Supreme Court. |
| What is the appellate jurisdiction of the Court of Appeal? | It hears appeals from the High Court, other courts (except Constitutional Court matters), and quasi-judicial bodies (except local government election tribunals). |
| What jurisdiction does the High Court hold in Zambia? | Unlimited and original jurisdiction in civil and criminal matters, plus appellate, supervisory, and review jurisdiction over Subordinate Courts. |
| Which specialized courts are established as divisions of the High Court? | Industrial Relations Court, Commercial Court, Family Court, and Children's Court. |
| Under which constitutional provision are Local Courts established and what is their status as courts of record? | Established under Article 120(1)(c); they are currently not courts of record but are designated to progressively become courts of record. |
| What is the jurisdictional limit and mode of dispute resolution in the Small Claims Court? | Jurisdiction is limited to liquidated claims of not more than 4,000 fee units, exercised by way of arbitration. |
| In which Zambian courts are legal practitioners / advocates barred from audience? | The Local Court and the Small Claims Court. |
| What statute establishes and governs the Subordinate Courts in Zambia? | The Subordinate Court Act, Chapter 28 of the Laws of Zambia. |
| What are the three classes of Subordinate Courts established under Zambian law? | Subordinate Court of the First Class, Subordinate Court of the Second Class, and Subordinate Court of the Third Class. |
| Which specific magistrates preside over a Subordinate Court of the First Class? | Chief Resident Magistrate (CRM), Principal Resident Magistrate (PRM), Senior Resident Magistrate (SRM), Resident Magistrate (RM), and Magistrate of the First Class. |
| Who presides over a Subordinate Court of the Second Class under Section 21 of the Subordinate Court Act? | A Magistrate of the Second Class. |
| Who presides over a Subordinate Court of the Third Class under Section 22 of the Subordinate Court Act? | A Magistrate of the Third Class. |
| Who appoints magistrates in Zambia and under what constitutional authority? | Appointed by the Judicial Service Commission acting in the name and on behalf of the President (Article 145(1) Constitution & Section 5 SCA). |
| What is the territorial limitation of a magistrate's jurisdiction in Zambia? | Jurisdiction is limited strictly to the specific district for which they have been appointed (Section 4 Subordinate Court Act). |
| Can one magistrate review or set aside the decision of another magistrate? | No, all magistrates exercise equal power, authority, and jurisdiction within their respective limits (Section 7 Subordinate Court Act). |
| What are the civil monetary limits for debt/damages for First Class Magistrates under SI 12 of 2024? | CRM: up to K1,000,000; PRM: up to K900,000; SRM: up to K500,000; RM: up to K300,000; First Class Magistrate: up to K150,000. |
| What are the civil monetary limits for debt/damages for Second and Third Class Magistrates under SI 12 of 2024? | Second Class Magistrate: up to K100,000; Third Class Magistrate: up to K75,000. |
| Under what land value or annual rent conditions can a First Class Subordinate Court exercise recovery of land jurisdiction? | Land value not exceeding K1,000,000, or annual rent not exceeding K250,000 (up to K500,000 for CRM, PRM, or SRM). |
| How can the civil jurisdiction of a magistrate be extended beyond statutory limits? | By Order of the Chief Justice under hand and seal of the High Court pursuant to Section 24 of the Subordinate Court Act. |
| What specific matters are excluded from the jurisdiction of the Subordinate Court under Sections 18, 20, and 22 SCA? | Title to right/duty/office, validity of wills/bequests, legitimacy, statutory marriage validity/dissolution, habeas corpus, title cancellation, and disputed land title without party consent. |
| What procedure must be followed if land ownership is disputed in a Subordinate Court and a party refuses consent to jurisdiction? | The Subordinate Court must apply to the High Court to transfer the matter to the High Court pursuant to Section 23 of the Subordinate Court Act. |
| What are the main originating processes used to commence civil actions in the Subordinate Court? | Writ of Summons, Default Writ of Summons, Originating Summons, Originating Notice of Motion, and Petition. |
| When is a Writ of Summons used to commence an action in the Subordinate Court? | When the plaintiff's claim is for unliquidated damages (e.g., negligence, breach of contract, nuisance, defamation) or unquantified relief. |
| What two standard forms accompany a Writ of Summons in the Subordinate Court? | Form A (Consent Judgment, enabling defendant to admit liability) and Form B (Notice of Intention to Defend, setting out grounds of defence). |
| When is a Default Writ of Summons used and what mandatory document must accompany it? | Used when claiming a debt or liquidated demand (ascertained amount); must be accompanied by an Affidavit Verifying Debt sworn by the plaintiff. |
| What form is attached to a Default Writ of Summons and what are its three component parts? | Form 2C, comprising Part 1 (Admission), Part 2 (Defence), and Part 3 (Counterclaim). |
| What address requirements apply to service on limited liability companies versus individuals? | For limited liability companies, service must be at the registered office; for individuals, it must be their residential address (not workplace). |
| What type of decision does the court render in actions commenced by Originating Summons or Originating Notice of Motion? | The court renders a ruling (not a judgment), typically delivered after hearings conducted in chambers. |
| Which tribunal hears local government election disputes regarding councillor validity or vacancies, and who presides over it? | An ad hoc Local Government Elections Tribunal (Art. 159 Constitution), presided over by a magistrate sitting with two legal practitioners. |
| How does a plaintiff discontinue an action or withdraw a claim under Order 13 Rule 1 SCR? | By giving notice in writing of discontinuance or withdrawal to the clerk of court and every affected defendant before the date fixed for hearing. |
| What are the costs implications for a defendant after receiving a notice of discontinuance? | The defendant is not entitled to further costs after receipt, but may apply ex parte for costs incurred prior to receiving the notice. |
| When can a respondent who has not filed an affidavit in opposition be allowed to address the court? | Only when raising a pure point of law. |
| How are infants and persons of unsound mind represented in Subordinate Court actions under Order 10 Rule 3 SCR? | They lack capacity to sue or defend independently and must sue as plaintiffs through a next friend or defend through a guardian ad litem. |
| Under what statutory and constitutional provisions are civil actions brought by or against the Zambian Government? | Brought by or against the Attorney General pursuant to the State Proceedings Act (Cap 12) read with Article 177(5)(c) of the Constitution. |
| How are partnerships and sole proprietorships properly designated as parties in litigation? | Partnerships sue or are sued as a firm (e.g., *Banda & Co (Suing as a Firm)*); sole proprietors trade under their name (e.g., *John Tembo (Trading as Tembo & Co)*). |
| How must limited liability companies be named as parties in legal proceedings? | Under their exact corporate name as registered with PACRA, ensuring the word "Limited" or "PLC" is never omitted. |
| What is a representative action under civil procedure? | An action commenced or defended by a representative on behalf of other persons sharing the same interest in the subject matter. |
| What is the general requirement for service of court process under Order 7 of the Subordinate Court Rules? | Service of court process must be personal, delivered directly to the defendant or respondent. |
| Between what hours and on which days can court process be validly served in Zambia? | Between 06:00 hrs and 18:00 hrs on any day except Sunday, Christmas Day, or Good Friday (dies non). |
| How is service effected on a violent or threatening person under Order 7 Rule 17 SCR? | By reading the contents of the document from a safe distance, throwing it toward the person's feet, and walking away. |
| Where and how must service be effected on a limited liability company under Section 34(1) of the Companies Act? | By leaving the process at or serving it on a director or company secretary at the registered office (not a branch office). |
| How is service of court process effected on a prisoner under Order 7 Rule 10 SCR? | By delivering the document at the prison to the gaoler or head officer in charge, who then serves the prisoner. |
| How is service effected on a patient in a lunatic or public asylum under Order 7 Rule 11 SCR? | By delivering the document to the gatekeeper or lodgekeeper of the asylum, who causes it to be served. |
| How is service of court process effected on a government employee under Order 7 Rule 8 SCR? | By serving the process on the head of the government department in which the employee works. |
| What steps are required to serve originating process on a defendant residing outside Zambia under Order 7 Rule 13 SCR? | Obtain leave of court via ex parte summons and affidavit before issuing and serving process outside Zambia. |
| What documents must be filed to obtain leave for substituted service under Order 7 Rule 5(1) SCR? | Ex Parte Summons for Leave, Affidavit in Support, Certificate of Urgency, and draft Ex Parte Order specifying the authorised mode. |
| Within how many days must a defendant file a defence after service by registered mail or advertisement in substituted service? | Within 15 days from the date of service or publication, failing which judgment in default may be entered. |
| What are interlocutory procedures in civil litigation? | Proceedings incidental to the settlement of the principal dispute, made between the commencement of the action and the delivery of judgment. |
| How is a court document amended if it has not yet been served on the opposing party? | Write "Amended Without Leave of Court", underline changes in red ink, and serve without needing a summons. |
| Under Order 8 Rule 5(1) SCR, what is required when seeking to join a plaintiff to ongoing proceedings? | The express written consent of the party to be joined, as joining a plaintiff without consent is impermissible. |
| What is the proper procedure if a party is wrongly joined (misjoinder) to an action under Order 8 Rule 5(2) SCR? | The wrongly joined party moves the court at the earliest opportunity by inter-partes summons and supporting affidavit to be removed. |
| What must a defendant obtain before issuing a third-party notice under Order 12 SCR? | Leave of the court, which is sought by way of an ex-parte summons before serving the third-party notice. |
| What statutory and procedural requirements govern the arrest of an absconding defendant under Order 21 SCR and the Debtors Act? | Ex-parte summons and affidavit proving a claim over K20, a good cause of action, and probable cause that defendant is fleeing to obstruct justice. |
| When may a plaintiff apply for interim attachment of property before judgment under Order 22 SCR? | When there is evidence that the defendant is about to dispose of or remove property from Zambia with intent to obstruct or delay judgment enforcement. |
| What two essential clauses must be included in an order for an interim injunction under Order 23 SCR for it to be valid? | An undertaking as to damages by the applicant and a penal notice warning of committal to prison for contempt upon disobedience. |
| How must an order for an injunction be served to enable subsequent committal for contempt? | It must be served personally on the person against whom it is directed; service on a third party or lawyer is invalid. |
| Under what rule and procedure can a matter struck out for non-attendance be restored to the active cause list? | Under Order 31 Rule 7 SCR, by summons and supporting affidavit setting out grounds to restore the matter. |
| What condition must be met for a Subordinate Court to adjudicate a dispute involving title to land under Section 23 SCA? | All parties to the proceedings must expressly consent to the court's jurisdiction; otherwise, the matter must be referred to the High Court. |
| What are the main requirements for pleadings under Order 18 Rule 3 of the Subordinate Court Rules? | Every pleading must state material facts concisely without evidence, state specific reliefs sought, and distinctly set out separate causes of action. |
| How must a defendant respond to allegations in a Statement of Claim when drafting a Defence? | The defendant must specifically deny or traverse each material fact with reasons; a general denial or evasive response is legally impermissible. |
| What is the legal consequence if a party adduces evidence at trial that is at variance with their pleadings? | The action will be dismissed if the plaintiff's evidence varies from the Statement of Claim, or the defence will fail if the defendant's evidence varies from their pleadings. |
| What specific rule applies when pleading Fraud in a Statement of Claim or Defence? | Fraud must be specifically pleaded with full particulars set out in the pleading, backed by clear and sufficient evidence before raising the plea. |
| How must Contributory Negligence be raised in civil litigation? | Contributory negligence must be specifically pleaded in the Defence; otherwise, the magistrate cannot find that the plaintiff's negligence contributed to the loss. |
| What particulars must be included when raising Duress as a claim or defence? | Full particulars of the facts and circumstances relied upon, including when, where, by whom, and over whom the duress was exercised. |
| How must a defendant raise the defence of Limitation of Actions? | The defendant must specifically plead in the Defence that the plaintiff's claim is time-barred under the Limitation Act. |
| What rule governs claims for Special Damages in pleadings? | Special damages must be specifically pleaded with itemised figures and particulars, and strictly proved at trial. |
| When can a plaintiff enter judgment in default of defence under Order 33 Rule 1 SCR? | When an action is commenced by Default Writ of Summons, proof of service is filed, and the defendant fails to defend within the prescribed time limit. |
| What documents must a plaintiff prepare and submit to enter judgment in default of defence? | Judgment in Default of Defence, Praecipe for Entry of Judgment in Default, and Notice to Plaintiff and Defendant of Entry of Judgment. |
| What must a defendant demonstrate in a supporting affidavit to successfully set aside a default judgment under Order 31 Rule 6 SCR? | Sufficient cause for the default (such as non-service of process) and a meritorious defence on the merits. |
| What grace period must expire before a default judgment can be enforced by a Writ of Fieri Facias (FiFa)? | A 7-day grace period from the date of serving the signed default judgment on the defendant. |
| How can a cause or matter that has been struck out for non-attendance be restored to the cause list under Order 31 Rule 7 SCR? | By applying to court for leave via summons and supporting affidavit showing sufficient cause for non-attendance. |
| What rule governs how civil trials are generally conducted in the Subordinate Court? | Order 18 SCR provides that trials are conducted summarily (without formal pleadings) unless the trial magistrate orders otherwise. |
| How is oral evidence recorded during a civil trial in the Subordinate Court under Section 11 SCA? | Because it is a court of record, witness testimony must be recorded verbatim by the trial magistrate without paraphrasing. |
| What power does a trial magistrate have under Section 43 SCA regarding a recalcitrant witness? | The magistrate can commit to prison for up to one month any witness who unlawfully refuses to be sworn, answer questions, or produce documents. |
| What happens if a trial magistrate dies, falls ill, or is dismissed after preparing a judgment but before delivering it? | Under Section 27A(1) SCA, the Chief Justice may direct another magistrate of concurrent jurisdiction to deliver and sign the prepared judgment in open court. |
| What standard of proof applies in civil trials, and how does it change when fraud, forgery, or illegality is alleged? | The standard is a balance of probabilities, but where fraud, forgery, or illegality is alleged, the required standard of proof is higher than the standard balance of probabilities. |
| Under what statutory provision can a Subordinate Court transfer a customary marriage dissolution to a Local Court? | Under Section 13(1) of the Subordinate Court Act, where the Local Court has competent jurisdiction over the subject matter. |
| How is documentary evidence properly admitted in the Subordinate Court pursuant to the Evidence Act (Cap 43)? | Documents must be in original form (or non-production explained) and produced by the author or someone who acquired them in the ordinary course of business. |
| Under what circumstances can a Subordinate Court order a matter to be tried by written pleadings under Order 18 SCR? | Where the trial magistrate considers that the nature, complexity, or special circumstances of the case require detailed formal pleadings. |
| What is the effect of failing to specifically deny an allegation of fact in a Statement of Claim when drafting a Defence under Order 18 Rule 3 SCR? | Every material allegation of fact not specifically denied or traversed in the Defence is legally deemed to have been admitted by the defendant. |
| What is the consequence of failing to plead Illegality in a Statement of Claim or Defence? | Unless the illegality is apparent on the face of the contract or transaction, the court will generally not entertain or enforce the illegal transaction. |
| How must a claim for Special Damages be structured in a Statement of Claim? | Special damages must be itemised and specifically pleaded with precise monetary figures for each head of loss, followed by strict proof at trial. |
| What document must be served on a defendant along with a signed Judgment in Default of Defence under Order 33 Rule 1 SCR? | A Praecipe for Entry of Judgment in Default of Defence and a Notice to Plaintiff and Defendant of Entry of Judgment. |
| What test does the Subordinate Court apply when determining whether to set aside a judgment in default of defence under Order 31 Rule 6 SCR? | The court considers whether the defendant has shown sufficient cause for the default (such as non-service) and demonstrated a prima facie meritorious defence. |
| What happens if a plaintiff fails to attend court on the trial date and the matter is struck out under Order 31 Rule 7 SCR? | The plaintiff must apply by summons supported by an affidavit showing good cause to have the matter restored to the active cause list. |
| How are witness statements or affidavits handled in civil proceedings in the Subordinate Court? | Unless specifically ordered or required by rule (e.g., Default Writ applications), evidence at trial is given orally on oath, recorded verbatim by the magistrate. |
| What is the legal effect of a decision made by a High Court Judge on a Subordinate Court Magistrate? | It constitutes binding precedent that the magistrate must follow, whereas decisions of fellow magistrates carry persuasive value only. |
| What power does Section 44 of the Subordinate Court Act grant to a trial magistrate regarding persons present in court? | The magistrate can compel any person present in court to give evidence or produce relevant documents in their possession, under penalty of contempt. |
| Under what statutory authority can a Chief Justice direct a magistrate to deliver a judgment written by a predecessor who died or was removed? | Section 27A(1) of the Subordinate Court Act (Cap 28). |
| What standard of proof must be satisfied in civil matters where forgery or fraud is alleged? | A standard higher than a simple balance of probabilities, requiring clear, convincing, and cogent evidence proportional to the gravity of the allegation. |
| Who is responsible for the upkeep of an absconding defendant arrested and detained in prison under Order 21 SCR and the Debtors Act? | The plaintiff who applied for the warrant of arrest is financially responsible for the defendant's maintenance and upkeep while in prison. |
| How can a defendant arrested under a Warrant for Absconding Defendant secure immediate release from custody under Order 21 Rule 3 SCR? | By providing adequate security or depositing an amount equivalent to the plaintiff's claim and costs, or applying successfully to set aside the warrant. |
| What mandatory element must be included in an Affidavit in Support of an application for an Interim Injunction under Order 23 SCR? | An undertaking as to damages, promising to compensate the respondent for any loss suffered if the injunction is later found to have been wrongly granted. |
| What is the maximum validity period for a final protection order issued under the Anti-Gender Based Violence Act No. 1 of 2011? | A final protection order cannot exceed a period of twelve (12) months. |
| What role does a social enquiry report play in proceedings under the Anti-Gender Based Violence Act? | It provides the court with an assessment by a social worker or probation officer, which the court must consider before granting an Occupation Order. |
| What happens if a party served with an injunction fails to obey its terms after being personally served? | The party may be cited for contempt of court and committed to prison pursuant to the penal notice endorsed on the order. |
| What primary statute governs money lending business and licensing applications in Zambia? | The Money Lenders Act, Chapter 398 of the Laws of Zambia. |
| How is a "money lender" defined under Section 2 of the Money Lenders Act (Cap 398)? | Every person whose business is money lending or who advertises or holds themselves out as carrying on that business. |
| Which entities are expressly excluded from the definition of a money lender under Section 2 Cap 398? | Pawnbrokers, statutory corporations, bona fide banking or insurance businesses, building societies, and exempted bodies corporate. |
| What prerequisite document must a person hold before being granted a money lender's license under Section 4 Cap 398? | A certificate issued by a magistrate authorizing the grant of the money lender's license. |
| Which classes of Subordinate Courts have jurisdiction to convict offenders under Section 3(3) of the Money Lenders Act? | Subordinate Court of the First Class or Subordinate Court of the Second Class. |
| What is the penalty for carrying on a money lending business without a valid license or under an unauthorized name? | A fine not exceeding three thousand (3,000) penalty units upon conviction by a First or Second Class Subordinate Court. |
| Is a licensed money lender permitted to charge compound interest under Section 10 of the Money Lenders Act? | No, money lenders are strictly prohibited from charging compound interest under Section 10 Cap 398. |
| Which class of Subordinate Court has jurisdiction to hear actions relating to money lenders' transactions under Section 16 Cap 398? | Subordinate Court of the First Class. |
| When is an assessment of damages necessary in the Subordinate Court? | When judgment is entered in favor of a plaintiff for unliquidated damages (e.g., personal injury, loss of business) requiring monetary quantification. |
| Under what rule and by what originating process is an application for assessment of damages made in the Subordinate Court? | Order 3 Rule 2 of the Subordinate Court Rules (Cap 28), commenced by inter-partes summons supported by an affidavit sworn by the plaintiff. |
| What evidence must be exhibited in the affidavit supporting a summons for assessment of damages? | All relevant documentary evidence (such as receipts, medical reports, valuation estimates, or invoices) establishing and quantifying the loss claimed. |
| How is a hearing for the assessment of damages conducted in the Subordinate Court? | It takes the form of a mini-trial where parties can rely on affidavits or give oral evidence, call witnesses, and undergo cross-examination and re-examination. |
| What rule governs the review of judgments and rulings in the Subordinate Court? | Order 38 Rule 1 of the Subordinate Court Rules (Cap 28). |
| On what grounds and by what mechanisms can a magistrate review their own decision? | Either on application by a party or on the magistrate's own motion, upon sufficient grounds to prevent a miscarriage of justice. |
| What powers does a magistrate have upon reviewing a judgment or decision under Order 38 Rule 1 SCR? | Reopen and rehear the matter wholly or in part, take fresh evidence, and reverse, vary, or confirm the previous judgment or decision. |
| When is a magistrate strictly prohibited from reviewing their own judgment or decision? | When an appeal has been entered by any party against the judgment or decision and has not been withdrawn. |
| What is the time limit for a party to apply for an order to review a judgment or decision under Order 38 Rule 2 SCR? | Within fourteen (14) days of the judgment or decision, unless special leave of the court is obtained. |
| What notice requirement applies when a magistrate decides to review a decision on their own motion under Order 38 Rule 3 SCR? | Notice of intention must be served on all parties within twenty-eight (28) days after the judgment or decision. |
| What is the effect on trial proceedings if a judgment is set aside on review due to fresh evidence versus a clerical error? | Fresh evidence prompts a trial de novo (rehearing), whereas correcting a clerical error merely varies the judgment without a retrial. |
| Under what statutory provision is an appeal lodged from a Local Court to the Subordinate Court? | Section 58 of the Local Courts Act, Chapter 29 of the Laws of Zambia. |
| What is the general rule regarding how the Subordinate Court hears appeals from a Local Court under Section 58(2) LCA? | It hears the matter *de novo* (afresh), unless the Subordinate Court in its discretion chooses to dispense with all or part of the rehearing. |
| Why are appeals from Local Courts to the Subordinate Court ordinarily conducted *de novo*? | Because the Local Court is not a court of record, so no full verbatim transcript exists to review purely on the record. |
| What happens if the Subordinate Court dispenses with a rehearing *de novo* on an appeal from a Local Court? | The Subordinate Court adjudicates the matter strictly on the basis of the grounds of appeal set out in the Notice of Appeal. |
| What statutory provision governs civil appeals from the Subordinate Court to the High Court? | Section 28(1) and Part V of the Subordinate Court Act (Cap 28). |
| What is the time limit for filing an appeal against a final judgment of the Subordinate Court to the High Court? | Within thirty (30) days from the date of the judgment. |
| What is the time limit for appealing a ruling or decision made in chambers on an interlocutory application? | Within fourteen (14) days from the date of the ruling. |
| What step must an aggrieved party take if they fail to file a Notice of Intention to Appeal within the prescribed statutory timeframe? | Apply for leave via an Ex-Parte Summons for Extension of Time within which to file a Notice of Intention to Appeal, supported by an affidavit explaining the delay. |
| What conditions apply before an appeal can be brought against a consent order or an ex-parte order of the Subordinate Court? | Leave to appeal must first be granted by the Subordinate Court pursuant to Section 28 of the Subordinate Court Act. |
| Does lodging an appeal automatically stay the execution of a Subordinate Court judgment? | No, an appeal does not operate as an automatic stay; the appellant must apply for an order for stay of execution pending appeal. |
| Why must an appellant file an application regarding security for costs after lodging a Notice of Intention to Appeal? | Because the Subordinate Court Rules require the appellant to deposit security for costs before the Clerk of Court prepares and transmits the record of appeal. |
| What essential documents comprise the Record of Appeal prepared by the Clerk of Court for transmission to the High Court? | Clerk's certificate, originating process, interlocutory applications, submissions, Notice of Intention to Appeal, magistrate's verbatim notes/transcript, and judgment. |
| How many High Court Judges ordinarily hear and determine a civil appeal from the Subordinate Court? | Appeals are heard by a single High Court Judge, unless the Chief Justice directs otherwise under Section 28(2) of the Subordinate Court Act. |
| What is a Writ of Fieri Facias (Fifa) and who is it addressed to? | A judgment enforcement process addressed to the Sheriff of Zambia and his bailiffs (or undersheriff) to seize property to satisfy a money judgment. |
| Under Order 41 Rule 1 Subordinate Court Rules, how many clear days must pass after judgment before execution proceedings can be taken? | No proceedings by way of execution shall be taken until 3 clear days after the date of the judgment or order. |
| How many days does a judgment debtor have to settle the judgment sum after execution is effected before goods are advertised for auction? | The judgment debtor is entitled to 5 days within which to settle the judgment sum. |
| How are sheriff's fees calculated if the judgment debtor pays before goods are advertised versus after advertising? | 2.5% of the judgment sum if paid before advertising; up to 7.5% of the judgment sum if paid after advertising but before sale. |
| What personal property of the judgment debtor is exempt from seizure under Order 41 Rule 5 Subordinate Court Rules? | Clothing, beddings of debtor and family, and tools/implements of trade up to the value of K200. |
| What are Garnishee proceedings under Order 41 Rules 38-43 SCR? | Proceedings enabling a judgment creditor to obtain money from a third party (garnishee) who is indebted to the judgment debtor. |
| What happens immediately when a Garnishee Order Nisi is served on a bank where the judgment debtor has an account? | The judgment debtor's account is frozen, and the bank must file an affidavit in opposition stating whether the account is in credit. |
| What is an Interpleader Summons under Order 41 Rules 53-57 SCR used for? | To resolve ownership disputes when the sheriff seizes property belonging to a third party (claimant) rather than the judgment debtor under a Writ of Fifa. |
| When is a Writ of Elegit issued, and how does it operate? | Issued when a judgment creditor cannot find movable property for a Fifa; the sheriff seizes immovable property and places it on rent until the judgment debt is liquidated. |
| What is a Writ of Possession used for in Subordinate Court enforcement? | To enforce a judgment for the recovery of immovable property by having the sheriff evict occupants and secure the property. |
| When is a Writ of Delivery issued? | When a court judgment directs the defendant to deliver a specific movable item (such as a motor vehicle or household goods) to the plaintiff. |
| Under what rule and procedure can a judgment debtor apply to liquidate a judgment debt in monthly instalments? | Under Order 35 Rule 9 Subordinate Court Rules, by filing a summons supported by an affidavit disclosing income and liabilities. |
| What default clause does the court include when granting an application to pay a judgment sum in instalments? | A clause stating that in default of any single instalment, the whole amount outstanding becomes immediately payable and the creditor may levy execution. |
| Under what rule and grounds can a judgment debtor move to set aside a Writ of Fifa for irregularity? | Under Order 3 Rule 2 SCR, where the Fifa is irregular because the endorsed amount exceeds the judgment, includes unawarded interest, or was issued before the 3-day grace period. |
| What is included under the definition of costs in Order 39 Rule 1 of the Subordinate Court Rules? | All expenses necessarily and reasonably incurred by a party, including court fees, witness expenses, travel, accommodation, food, and advocates' remuneration. |
| What statutory instrument prescribes the scale of fees and advocate experience levels for costs in the Subordinate Court? | Statutory Instrument No. 22 of 2001 (Subordinate Courts (Civil Jurisdiction) (Amendment) Rules). |
| Who acts as the Taxing Master for the taxation of a Bill of Costs in the Subordinate Court? | The Clerk of Court. |
| What is the difference between Party-to-Party Costs and Advocate/Client Costs? | Party-to-Party costs are expenses recoverable by a successful litigant from the opposing party; Advocate/Client costs are fees recoverable by an advocate from their own client. |
| What prerequisite step must an advocate take before initiating legal proceedings or taxation against a client for fees? | The advocate must serve the client with a detailed fee note itemising the work rendered. |
| What document must a party or client file to formally challenge items in a Bill of Costs before taxation? | A Notice of Objections listing specific items considered unreasonable, excessive, or impermissible. |
| What document is issued by the Taxing Master at the conclusion of taxation, and what is its legal effect? | A Certificate of Taxation, which has the same legal force as a judgment and can be enforced via a Writ of Fieri Facias (FiFa). |
| Within how many days after the issuance of a Certificate of Taxation can an aggrieved party apply to the trial magistrate for a review? | Within twenty-one (21) days from the date the Certificate of Taxation was issued. |
| What document support is required for disbursements (e.g., fuel, accommodation) claimed in a Bill of Costs? | Disbursements must be strictly supported by receipts showing the actual expenses incurred. |
Created by:
Eddard