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Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules

Statutory Instrument 48 of 1960

Repealed
This Statutory Instrument was repealed on 2020-02-10 by Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules, 2020.
Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules
This is the version of this Statutory Instrument as it was when it was repealed.
Citation
Statutory Instrument 48 of 1960
Primary work
Courts Act
Date
1 December 2014
Language
English
Type
Statutory Instrument
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Courts Act

Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules

Statutory Instrument 48 of 1960

  • Commenced on 4 July 1960
  • [This is the version of this document at 1 December 2014.]
  1. [Amended by Magistrates' Court (Fees and Costs in Civil Proceedings) (Amendment) Rules, 2014 (Statutory Instrument 15 of 2014) on 24 February 2014]
  2. [Repealed by Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules, 2020 (Statutory Instrument 17 of 2020) on 10 February 2020]
[S.I. 48 of 1960; S.I. 116 of 1968; S.I. 6 of 1980; S.I. 16 of 1981; S.I. 36 of 1990; S.I. 10 of 2009; S.I. 15 of 2014]

1. Citation

These rules may be cited as the Magistrates’ Court (Fees and Costs in Civil Proceedings) Rules.

2. Interpretation

In these rules unless the context otherwise requires the words and expressions used shall have the meanings ascribed to them in rule 2 of the Magistrates’ Court (Civil Procedure) Rules.

3. Court and process servers’ fees

The several fees specified in the First Schedule to these rules shall be payable in the office of the clerk of the court on civil proceedings in the court. Such fees shall be paid in the first instance by the party on whose behalf such proceeding is to be taken, on or before such proceeding.

4. Advocate’s fees

The advocacy fees to be allowed as between party and party and included in the judgment in civil proceedings in the court shall be in the discretion of the court but shall not exceed the scale set out in the Second Schedule to these rules.

4A. Disbursements

(1)A party entitled to claim advocacy fees under rule 4, in accordance with the scale set out in the Second Schedule, is also entitled to recover disbursements necessarily incurred in pursuing or defending the claim, and shall include those disbursements in a separate paragraph in the bill of costs.
(2)Every disbursement claim under subrule (l) shall be supported by a receipt or, if it is impracticable or inconvenient to obtain a receipt, by affidavit or other evidence sufficient to satisfy the clerk that the disbursement has been made.
[rule 4A was inserted by SI 15 of 2014 with effect from 24 February 2014]

5. Witnesses’ fees

Notwithstanding anything to the contrary in the witnesses Tariff Act and in rules of court made thereunder, there shall be paid to witnesses summoned in civil case in the court the same expenses and allowances as would be payable to such witnesses if they had been summoned in a criminal case.

First Schedule (Rule 3)

1. Entering plaint including issue and service of summons within two miles of the court house and incidental matters, where the value of the claim or demand(a) does not exceed R10,0002% of the value, subject to minimum fee of R100
(b) exceeds R10,000 but does not exceed R50,000Additional 1% on surplus
(c) exceeds R50,000Additional ½% on surplus
[item 1 was amended by SI 15 of 2014 with effect from 24 February 2014]
2. On filing any petition, motion or application, whether to the court or in Chambers including application to a MagistrateR70
3. On issuing order for attachment, warrant or other orderR70
4. On order amending any pleadingsR50
5. On issue of summons to give personal answersR50
6. On issue of summons to provisional GarnisheeR30
7. On summons to witness (each witness)R25
8. On attendance of any officer of the court to produce or documents to be given in evidenceR60
9. On issue of any summons unless otherwise providedR25
10. On drawing up any order, decree, judgment, warrant, memorandum or notice or any other document not specially providedR60
11. On taking any bond, recognizance of security unless otherwise providedR50
12. On every hearing of any plaint or other original proceeding before the court for each day or party thereof (to be paid before the hearing by the party originating the proceedings) provided that, when judgment is consented to before the hearing actually commences no hearing fee shall be chargedR100
13. On every adjournment of the hearing of a cause or matter at the request of either party when no hearing fee has become payable, provided that for extraordinary cause shown at the time of the request for adjournment to be beyond control of any part so requesting, the court may exempt such party from payment of this feeR50
14. On hearing before the court of ex parte petition, motions or applications or where an Order is made or judgment given by consentR60
15. On moving the court for judgment or making any other incidental application to the Court or a magistrate not otherwise provided forR50
16. On taking affidavit, affirmation, declaration etc 
(a) for use in proceeding before the court or a magistrate in chambers, for each deponentR30
(b) for any other purpose, for each deponentR30
17. On making any exhibit referred to in any affidavit, affirmation or declaration referred to in Item 16(b)R25
18. On filing or taking off the file, any document unless otherwise providedR15
19. In the case of money paid into court, on the same being paid out where the amount exceeds R25 
(a) up to R100R25
(b) above R1002%
20. An office copy of every document, record evidence, or other proceedings, for every thirty lines or fractional part thereof in respect of each copy requiredR25
21. Usher’s fee for serving any summons, warrant, sub-poena, notice or other document (a) within 2 miles of the courtR25
(b) above 2 miles for every extra miles charge each wayR15
Provided that for service in Praslin or La Digue of a document issued in Mahe and vice versa, a fixed fee of R600 respectively will be payable.[item 21 was amended by SI 15 of 2014 with effect from 24 February 2014]
Appeals
22. On filing notice of appealR110
23. On taking recognizance of appellantR50
24. On typing record of appeal, for every 30 lines or fractional party thereof, in respect of each copy requiredR25
25. Memorandum for appealR30

Second Schedule

Advocate fees

Where the total amount of the claim including interest but excluding costs, or the value of the matter
As estimated in the plaint
(a) does not exceed R1000 no fees shall be allowed
(b) exceeds R1000 but does not exceed R10,000 fees may be allowed asDrawing plaint or defence and generally preparing for trialR150
Drawing application or motion paperR50
Attending summons to answerR70
Attending trial on each occasion when witness or arguments are heard; 
(a) half day or lessR150
(b) full dayR300
Attending on delivery of reserved judgmentR70
Attending where adjournment granted at instance of another partyR70
(c) exceeds R10,000 fees may be allowed asDrawing plaint or defence and generally preparing for trialR225
Drawing application or motion paperR70
Attending summons to answerR70
Attending trial on each occasion when witness or arguments are heard 
(a) half day or lessR300
(b) full dayR600
Attending on delivery of reserved judgmentR70
Attending where adjournment granted at instance of another partyR70
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History of this document

10 February 2020
01 December 2014 this version
Consolidation
24 February 2014
04 July 1960
Commenced