ORDER
42
JUDGMENTS AND ORDERS
Delivering judgments (O. 42, r. 1)
1.
—(1)
Every
judgment, after the hearing of a cause or matter in open Court,
shall, subject to paragraphs (3) and (4), be pronounced in open
Court either on the conclusion of the hearing or on a subsequent
day of which notice shall be given to the parties.
(2)
Where a cause or matter is heard in
Chambers, the Judge hearing it may, subject to paragraphs (3) and
(4), pronounce the judgment in Chambers, or, if he thinks fit, in
open Court.
(3)
Whenever a written judgment is to
be delivered, the Court may deliver it by directing copies thereof
to be handed to the parties or their solicitors upon payment of the
appropriate charges therefor, and the original thereof signed by
the Judge shall be filed.
(4)
When a Judge who has heard any cause
or matter is unable through death, illness or other cause to pronounce
judgment, the judgment written by him may be pronounced by any other
Judge in open Court or in Chambers, as the case may be, and such
other Judge may deliver it in Chambers by directing copies thereof
to be handed to the parties or their solicitors upon payment of
the appropriate charges therefor, and the original thereof signed
by the Judge who wrote it shall be filed.
Judgment in proceedings heard in camera (O. 42, r.
2)
2.
Where
proceedings are heard in camera pursuant to any written law, any
judgment pronounced or delivered in such proceedings shall not be
available for public inspection except that the Court may, on such
terms as it may impose, allow an inspection of such judgment by,
or a copy thereof to be furnished to, a person who is not a party
to the proceedings.
Inspection of judgment (O. 42, r. 3)
3.
Subject
to Rule 2, a copy of every judgment delivered in any cause or matter heard
in open Court shall be available for public inspection upon payment
of the prescribed fee and a copy thereof shall be handed to any
member of the public upon payment of the appropriate charges therefor,
and nothing in Order 60, Rule 4, shall apply to this Rule.
4.
Deleted by S 637/2006, wef 01/01/2007.
Form of judgment, etc. (O. 42, r. 5)
5.
—(1)
If,
in the case of any judgment, a form thereof is prescribed in Form
79, the judgment must be in that form.
(2)
The party entering any judgment shall
be entitled to have recited therein a statement of the manner in
which the writ or other originating process by which the cause or
matter in question was begun was served.
(3)
An order must be marked with the name
of the Judge or the Registrar by whom it was made and must be sealed.
Judgment, etc., requiring act to be done: Time for
doing it (O. 42, r. 6)
6.
—(1)
Subject
to paragraph (2), a judgment or order which requires a person to do
an act must specify the time after service of the judgment or order,
or some other time, within which the act is to be done.
(2)
Where the act which any person is
required by any judgment or order to do is to pay money to some
other person, give possession of any immovable property or deliver
any movable property, a time within which the act is to be done
need not be specified in the judgment or order by virtue of paragraph
(1), but the foregoing provision shall not affect the power of the
Court to specify such a time and to adjudge or order accordingly.
Date from which judgment or order takes effect (O.
42, r. 7)
7.
—(1)
A
judgment or order of the Court takes effect from the day of its
date.
(2)
Such a judgment or order shall be
dated as of the day on which it is pronounced, given or made, unless
the Court orders it to be dated as of some other earlier or later day,
in which case it shall be dated as of that other day.
Preparation of judgment or order (O. 42, r. 8)
8.
—(1)
Where
the party in whose favour a judgment or order is given or made is represented
by a solicitor, a copy of the draft shall be submitted for approval
to the solicitor (if any) of the other party who shall within 2
days of the receipt thereof, or within such further time as may
in any case be allowed by the Registrar, return such copy with his
signed consent or any required amendments thereto.
(2)
When the solicitor omits to return
the copy of the draft within the time prescribed, he shall be deemed
to have consented to the terms thereof.
(3)
In any case where the solicitors concerned
are unable to agree upon the draft, any one of them may obtain an
appointment before the Registrar, of which notice shall be given
to the other, to settle the terms of the judgment or order.
(4)
Every judgment or order shall be settled
by the Registrar, but in the case of a judgment or order made by
a Judge, any party may require the matter in dispute to be referred
to the Judge for his determination.
(5)
Where the other party has no solicitor,
the draft shall be submitted to the Registrar.
Orders required to be drawn up (O. 42, r. 9)
9.
—(1)
Subject
to paragraph (2), every order of the Court shall be drawn up unless the
Court otherwise directs.
(2)
An order —(a)
which —(i)
extends the period within which a
person is required or authorised by these Rules, or by any judgment,
order or direction, to do any act; or
(ii)
grants leave for the doing of any
of the acts mentioned in paragraph (3); and
(b)
which neither imposes any special
terms nor includes any special directions other than a direction
as to costs,
need not be drawn up unless the Court
otherwise directs.
(3)
The acts referred to in paragraph
(2) (a) (ii) are —(a)
the issue of any writ, other than
a writ of summons which is required for service out of the jurisdiction;
(b)
the amendment of an originating process
or a pleading;
(c)
the filing of any documents; and
(d)
any act to be done by an officer of
the Court other than a solicitor.
Drawing up and entry
of judgments and orders (O. 42, r. 10)
10.
—(1)
Where
a judgment given in a cause or matter is presented for entry in accordance
with this Rule at the Registry, the party seeking to have such judgment entered
must draw up the judgment and present it to the proper officer of
the Registry who shall file the judgment and return a duplicate
thereof to the party who presented it.
(2)
Every order required
to be drawn up must be drawn up by the party in whose favour the
order has been made and, if that party fails to draw up the order
within 7 days after it is made, any other party affected by the
order may draw it up.
(3)
The order referred
to in paragraph (2) must, when drawn up, be produced at the
Registry, together with a copy thereof, and when passed by the proper
officer the order, sealed with the seal of the Supreme Court or
the Subordinate Courts, as the case may be, shall be returned to
the party producing it and the copy shall be filed in the Registry.
S 637/2006, wef 01/01/2007
Duplicates of judgments and orders (O. 42, r. 11)
11.
—(1)
Not
less than one clear day after a judgment or order has been filed
a duplicate thereof shall be supplied on payment of the prescribed
fee out of the Registry to any party in the proceedings.
(2)
The duplicate of a judgment or order
may be a carbon copy of the original except that, if the Registrar
so directs, the duplicate of every judgment or order of such class
as he directs, shall be a photographic copy or a copy produced by
type lithography or other similar process.
(3)
Before a duplicate of a judgment or
order is issued, it must be sealed and there must be noted thereon
the number of the judgment, the date of entry and the amount of
any stamp on the original.
(4)
Where by any of these Rules or any
order of the Court the original judgment or order is required to
be produced or served, it shall be sufficient to produce or serve the
duplicate.
(5)
A further duplicate of a judgment
or order may, on payment of the prescribed fee, be issued if the
Registrar is satisfied that the duplicate has been lost and that
the applicant for a further duplicate is entitled to it.
(6)
A judgment or order shall not be amended
except on production of the duplicate thereof last issued, and the
amendment sealed, under the direction of the Registrar.
Interest on judgment debts (O. 42, r. 12)
12.
Except
when it has been otherwise agreed between the parties, every judgment debt
shall carry interest at the rate of 6% per annum or at
such other rate as the Chief Justice may from time to time direct
or at such other rate not exceeding the rate aforesaid as the Court
directs, such interest to be calculated from the date of judgment
until the judgment is satisfied:
Provided that this rule shall not apply
when an order has been made under section 43 (1) or (2) of the Subordinate
Courts Act (Chapter 321).
Where money to be paid in instalments (O. 42, r.
13)
13.
Where
pursuant to section 43 of the Subordinate Courts Act money payable
under a judgment or order is, at the time when the judgment or order
is given or made, directed to be paid by instalments, the direction
to that effect must be inserted in the judgment or order.