1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 41
(6) Unless the judge otherwise directs, the judgment creditor's costs of and incidental to the judgment summons shall be fixed without taxation in accordance with the following provisions-
(a) Subject to sub-paragraph (c), where the amount in respect of which the judgment summons is issued is paid before the hearing there may be allowed-
(i) the court fees paid by the judgment creditor,
(ii) any travelling expenses paid to the judgment debtor, and
(iii) if the judgment creditor is represented by a solicitor, such sums as the court may order in respect of the solicitor's charges.
(b) Where an order is made on the hearing and the judgment creditor is awarded costs, there may be allowed-
(i) the court fees paid by the judgment creditor,
(ii) subject to paragraph (3), any travelling expenses paid to the judgment debtor,
(iii) if the judgment creditor is represented by a solicitor without counsel, such sum as the court may order in respect of the solicitor's charges, and
(iv) if the judgment creditor is represented by solicitor and counsel, such sums as the court may order in respect of the solicitor's charges and counsel's fees.
(c) Where the amount in respect of which the judgment summons is issued is paid too late to prevent the attendance of the judgment creditor or, as the case may be, his solicitor or counsel, at the hearing, the sums specified in sub-paragraph (b) may, if the judge so orders, be allowed instead of the sums specified in sub-paragraph (a).
(d) Where the costs of and incidental to a judgment summons are directed to be taxed, R.S.C. Order 62 shall have effect in relation to costs of proceedings pending in the High Court, and the District Court Civil Procedure (Costs) Rules shall have effect in relation to the costs of proceedings pending in the District Court, or as the court may otherwise order.
[Subsidiary]
L.N. 189/75.
(Cap. 336, sub. leg.)
Committal and
90. (1) Notwithstanding anything in R.S.C. Order 52, rule 4(1) (which requires an application for an order of committal to be made by motion), but subject to rule 6 of that Order (which, except in certain cases, requires such an application to be heard in open court), an application for an order of committal in matrimonial proceedings shall be made by summons.
(2) Where by reason of illness, the existence of any vacation or otherwise, no judge is conveniently available to hear the application, then, an application for-
(a) the discharge of any person committed,
L.N. 325/82.