1964 Ed.]
Judicial Trustee Rules.
[CAP. 29
JUDICIAL TRUSTEE RULES.
B3
[Subsidiary]
G.N.A. 176/53.
(Cap. 29, section 64).
[18th December, 1953.]
1.
These rules may be cited as the Judicial Trustee Rules.
Citation.
Appointment of Judicial Trustee.
2. An application to the court to appoint a judicial trustee shall be in the Supreme Court, and-
(a) if not made in a pending cause or matter, shall be made
by originating summons; and
(b) if made in a pending cause or matter, shall be made as part of the relief claimed, or by summons in the cause
3.
or matter.
(1) The summons shall be served-
(a) where the application is made by or on behalf of a trustee,
on the other trustee (if any); and
(b) where the application is made by or on behalf of a beneficiary, on the trustees (if any),
and in either case on such (if any) of the beneficiaries as the court directs.
(2) Where the application is made by or on behalf of a person creating or intending to create a trust, the summons, subject to any direction of the court, need not be served on any person.
(3) The court may give any directions it thinks fit, either dispensing with the service of the summons on any person on whom it is required to be served under this rule, or requiring the service of the summons on any person on whom it is not required to be served under this rule.
4. (1) Where an application is made for the appointment of a judicial trustee by originating summons, the applicant shall, when he takes out the summons, supply for the use of the court a written statement signed by him containing the following particulars so far as he can gain information with regard to them-
(a) a short description of the trust and instrument by which it is, or is to be, created, and of the relation which the applicant bears to the trust;
(b) if a person is nominated as judicial trustee, the name and address of the person nominated, and short particulars of the reasons which lead to his nomination;
(c) if a person is nominated as judicial trustee, a statement whether it is proposed that the person nominated should be remunerated or not;
Mode of making application.
Service of summons.
Statement to be supplied on application.
1964 Ed.]
Judicial Trustee Rules.
[CAP. 29
JUDICIAL TRUSTEE RULES.
B3
[Subsidiary]
G.N.A. 176/53.
(Cap. 29, section 64).
[18th December, 1953.]
1.
These rules may be cited as the Judicial Trustee Rules.
Citation.
Appointment of Judicial Trustee.
2. An application to the court to appoint a judicial trustee shall be in the Supreme Court, and-
(a) if not made in a pending cause or matter, shall be made
by originating summons; and
(b) if made in a pending cause or matter, shall be made as part of the relief claimed, or by summons in the cause
3.
or matter.
(1) The summons shall be served-
(a) where the application is made by or on behalf of a trustee,
on the other trustee (if any); and
(b) where the application is made by or on behalf of a bene-
ficiary, on the trustees (if any),
and in either case on such (if any) of the beneficiaries as the court directs.
(2) Where the application is made by or on behalf of a person creating or intending to create a trust, the summons subject to any direction of the court, need not be served on any person.
(3) The court may give any directions it thinks fit, either dis- pensing with the service of the summons on any person on whom it is required to be served under this rule, or requiring the service of the summons on any person on whom it is not required to be served under this rule.
4. (1) Where an application is made for the appointment of a judicial trustee by originating summons, the applicant shall, when he takes out the summons, supply for the use of the court a written statement signed by him containing the following particulars so far as he can gain information with regard to them-
(a) a short description of the trust and instrument by which it is, or is to be, created, and of the relation which the applicant bears to the trust;
(b) if a person is nominated as judicial trustee, the name and address of the person nominated, and short particulars of the reasons which lead to his nomination;
(c) if a person is nominated as judicial trustee, a statement whether it is proposed that the person nominated should be remunerated or not;
Mode of making application.
Service of
summons.
Statement to be supplied on application.
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