1984 Ed.]
District Court
[CAP. 336
19
Court, the High Court may at any time order that the proceedings be transferred to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein.
(22 of 1962, s. 12, incorporated. Amended, 35 of 1966, s. 2; 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N.387/83)
42. Except as provided in section 41, the jurisdiction of the Court in interpleader proceedings shall be limited to cases in which a claim is made to or in respect of any movable property seized or intended to be seized in execution under process of the Court:
Provided that nothing in this section shall affect the jurisdiction conferred on the Court by section 48, in interpleader proceedings other than under executions, that is to say, where a person, being under a liability for any debt or other chose in action, money or movable property for or in respect of which he is or expects to be sued by 2 or more persons, applies to the Court for relief by way of interpleader.
(22 of 1962, s. 13, incorporated)
43. (1) Where an action, counterclaim or matter is ordered to be transferred-
(a) from the High Court to the Court; or
(b) from the Court to the High Court,
the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred, and that court shall have power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be taxed, and the costs of the whole proceedings shall be taxed in that court:
Provided that, where an action that is transferred from the High Court to the Court is an action founded on contract or tort, then, as regards so much of the proceedings in the action as takes place in the High Court before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the High Court and subject to any order of the High Court, make an order allowing costs on the High Court scale or on any scale of the Court.
(2) Where any proceedings in which the Court has jurisdiction are brought in the High Court costs shall be recoverable on such scale and in such amount as would have been recoverable if the proceedings had been brought in the Court, unless the proceedings were so brought by leave of the High Court or unless the High Court otherwise orders.
(22 of 1962, s. 14, incorporated)
44. (1) When any action, counterclaim or matter is ordered to be transferred from the High Court to the Court-
Interpleader generally.
Costs in transferred cases, etc.
Procedure on transfer.
Page 20
Page 21
1984 Ed.]
District Court
[CAP. 336
19
Court, the High Court may at any time order that the proceedings be transferred to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein.
(22 of 1962, s. 12, incorporated. Amended, 35 of 1966, s. 2; 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83)
42. Except as provided in section 41, the jurisdiction of the Court in interpleader proceedings shall be limited to cases in which a claim is made to or in respect of any movable property seized or intended to be seized in execution under process of the Court:
Provided that nothing in this section shall affect the jurisdiction conferred on the Court by section 48, in interpleader proceedings other than under executions, that is to say, where a person, being under a liability for any debt or other chose in action, money or movable property for or in respect of which he is or expects to be sued by 2 or more persons, applies to the Court for relief by way of interpleader.
(22 of 1962, s. 13, incorporated)
43. (1) Where an action, counterclaim or matter is ordered to be transferred-
(a) from the High Court to the Court; or
(b) from the Court to the High Court,
the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred, and that court shall have power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be taxed, and the costs of the whole proceedings shall be taxed in that court:
Provided that, where an action that is transferred from the High Court to the Court is an action founded on contract or tort, then, as regards so much of the proceedings in the action as takes place in the High Court before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the High Court and subject to any order of the High Court, make an order allowing costs on the High Court scale or on any scale of the Court.
(2) Where any proceedings in which the Court has jurisdiction are brought in the High Court costs shall be recoverable on such scale and in such amount as would have been recoverable if the proceedings had been brought in the Court, unless the proceedings were so brought by leave of the High Court or unless the High Court otherwise orders.
(22 of 1962, s. 14, incorporated)
44. (1) When any action, counterclaim or matter is ordered to be transferred from the High Court to the Court-
Interpleader generally.
Costs in transferred cases, etc.
Procedure on transfer.
Page 20Page 21
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