Magistrates’ Court (Recovery of Government Debts) (Summary Procedure) Rules
Statutory Instrument 122 of 1968
- Commenced on 1 December 1968
- [This is the version of this document at 1 December 2014.]
1. Short titleThese rules may be cited as the Magistrates’ Court (Recovery of Government Debts) (Summary Procedure) Rules.
2. InterpretationIn these rules unless the context otherwise requires--“authorised officer” means the Attorney General, and the head of a Government department;“clerk” has the same meaning as in Part III of the Courts Act;“debt” includes dues, fees and taxes;“Schedule” means a schedule to these rules;“the court” means the Magistrates’ Court;“the Government” means the Government of Seychelles.
3. Debt not to exceed Rs 2,000Whenever any debt not exceeding Rs.2,000 is due to the Government the person liable for the payment of such debt may be sued in the court for non-payment thereof at the instance of an authorised officer in accordance with the provisions of these rules.
4. Procedure by complaintAll claims for non-payment of debts under these rules shall be entered by complaint as nearly as may be as in Form A of the first schedule.
5. Issue of summonsUpon such complaint being filed the clerk shall issue a summons to the person proceeded against as nearly as may be as in Form B of the first schedule.
6. ServiceSuch summons shall be served by a process server of the Supreme Court or by a member of the police force in the same manner as a summons to answer a plaint is served under the Seychelles Code of Civil Procedure.
7. CostsAll proceedings under these rules shall be free of stamp and registration duty but when the person proceeded against is ordered to pay costs, such costs shall be taxed on the scale set out in the second schedule.
8. Procedure on hearing
9. EvidenceIn proceedings under these rules the court shall have power to summon witnesses, and to call for the production of books and documents and to examine witnesses and parties concerned on oath and section 36 of the Courts Act shall apply.
10. Civil Procedure Rules not to applySubject as otherwise provided, the Magistrates’ Court (Civil Procedure) Rules shall not apply to proceedings under these rules.
11. Suit may be brought under Civil Procedure RulesAny claim for a debt due to the Government and enforceable under these rules, may be enforced by suit under the Magistrates’ Court (Civil Procedure) Rules.
History of this document
01 December 2014 this version
01 December 1968