LAWS OF SOUTHERN SUDAN

The Code of Civil Procedure Act,

2007
 Laws of Southern Sudan
The Code of Civil Procedure Act, 2007

In accordance with the provisions of Article 59(2)(b) read together with Article 85(1) of the
Interim Constitution of Southern Sudan, 2005, the Southern Sudan Legislative Assembly,
with the assent of the President of the Government of Southern Sudan, hereby enacts the
following:

Chapter I

Preliminary Provisions

Section 1. Title and Commencement

This Act may be cited as "The Code of Civil Procedure Act, 2007" and shall come into
force on the date of its signature by the President.

Section 2. Repeal and Saving

The Civil Procedure Act, 2003, is hereby repealed; provided that, all proceedings, orders
and regulations taken or made thereunder, except to the extent that they are cancelled by or
are otherwise inconsistent with the provisions of this Act, shall continue in force or effect,
until they are repealed or amended in accordance with the provisions of this Act. In no
event shall the provisions of this Act affect individual suits in process or already decided.

Section 3. Purpose

The purpose of this Act is to establish the procedures and practices that shall be applied in
the Courts of Southern Sudan when hearing civil suits and other related proceedings as
defined herein, and other matters related thereto.

Section 4. Authority and Application

(1) This Act is being drafted under the powers vested in the Government of Southern
Sudan under Schedule (B) of the Interim Constitution of Southern Sudan, 2005
(“ICSS”), to establish minimum Southern Sudan standards and uniform norms in the
areas of civil procedures and judicial institutions.

(2) The provisions of this Act shall be applied to all the civil proceedings in or before
any Court in Southern Sudan, except for civil proceedings under National Laws,
which will be governed by National procedures.

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Section 5. Provisions Affecting Application

(1) Except as specifically provided below, the provisions of this Act shall apply to all
the civil suits and proceedings pending before the Courts at the commencement of
such proceedings.

(2) The following provisions shall not apply at the commencement:

(a) the provisions modifying jurisdiction, where the commencement of such
proceedings, take place after the hearing of the suit has started; and,
(b) the provisions regulating the modes of objection in respect to decrees made
before the commencement of such provisions where they abrogate an
existing mode or create a new one.

Section 6. Rules Applicable to Suits based on Personal Law

Where a suit or other proceeding in a Civil Court raises a question regarding succession,
inheritance, legacies, gifts, marriage, divorce, or family relations, the rule for decision of
such question shall be:
(a) any custom applicable to the parties concerned; provided that, it is not
contrary to justice, equity or good conscience and has not been by this, or
any other enactment, altered or abolished or has not been declared void by
the decision of a competent Court; or,
(b) the Sharia Law in cases where the parties are Muslims except so far as it has
been modified by such custom as is above referred to.

Section 7. Law to be applied in the Absence of Express Provisions

(1) In matters of procedure not provided for by this Act, the Court shall apply such rules
as are likely to serve the ends of justice.

(2) In cases not provided for by any law, the Court shall act according to Southern
Sudan judicial precedents, custom and principles of justice, equity and good
conscience.

Section 8. Interpretations

(1) In this Act, unless the context otherwise requires, the following words and
expressions shall have the meanings assigned to them respectively:

“Abate” or “Abatement” means the defeat of a pending action for reason

unrelated to the merits of the claim;
“Administrative authority” means any GoSS or State Institution that is
authorized to make a binding decision;

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“Affidavit” means a voluntary, written declaration of facts, sworn to by the
declarant, that the law allows to be used, in certain situations and
proceedings, in lieu of testimony;
“Appeal” means a proceeding undertaken to have a decision reconsidered by
a higher authority;
“Appellant” means the party who appeals against a lower court decision to a
higher court seeking reconsideration or reversal of that decision;
“Constitution” means the Interim Constitution of Southern Sudan, 2005
(“ICSS”);
“Court” means any court of Southern Sudan of competent jurisdiction to
hear a civil matter or suit;
“Defendant” means the person sued in a civil proceeding by a plaintiff;
“Domicile” means a place at which a person is physically present and which
the person regards as his or her home;
“Goss Institutions” includes all of the following:
(a) GoSS, or any GoSS Ministry, the Bank of Southern Sudan, or
any department, institution or undertaking thereof;
(b) any State government, department, institution of Southern
Sudan or undertaking thereof;
(c) a local authority; or
(d) any authority, board, commission, committee or other body,
whether paid or unpaid, which is vested with or is performing,
whether permanently or temporarily, functions of public
nature;
“Government” means the Government of Southern Sudan (GoSS);
“Guardian ad Litem” means a guardian or lawyer appointed by the Court to
appear in a lawsuit or proceeding on behalf of an incompetent or minor;
“Hearing” means a session of court held for the purpose of deciding issues
of fact or law;
“Immovable property” means any land, buildings and permanent structures,
and any object firmly attached to the land, building or permanent structure;
“Interdict” means a natural person who, because of an infirmity, cannot
make reasoned decisions about his or her personal care or property, or is
unable to effectively communicate those decisions;
“Interlocutory order” means an interim or temporary order, not constituting
a final resolution of the whole controversy;
“Issue of fact” means a point supported by one party’s evidence and
contradicted by another’s;
“Joinder” means the joining of parties or claims in a single law suit;
“Judgement” means a Court’s final determination of the rights and
obligations of the parties in a suit;
“Minister” means the Minister of Legal Affairs and Constitutional
Development;
“Movable property” means any property other than immovable property;
“Mortgagee” means the person to whom property is mortgaged, the
mortgage creditor or lender;

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 “Mortgagor” means the person who mortgaged property, the mortgage
debtor, or borrower;
“Petition” means a formal written request presented to a Court;
“Plaint” means the initial pleading in a civil suit which states the basis for
the Court’s jurisdiction, the basis for the plaintiff’s claim, and demand for
relief;
“Plaintiff” means the party who brings the civil suit in a Court against a
defendant;
“Pleading” means a formal document in which a party to a suit sets forth or
responds to allegations, claims, denials or defences;
“President” means the President of the Government of Southern Sudan;
“Resident” means a person who is living in a place for a period of six
months or more;
“Respondent” means the party against whom an appeal is made;
“Sitting” means a court session; and,
“Temporary injunction” means a court order commanding or preventing an
action, issued before or during trial to prevent an irrepairable injury from
occurring before the Court has decided the suit.

Chapter II

Matters of Jurisdiction

International Jurisdiction

Section 9. Suit Against a Southern Sudan National

With the leave of the Court, and with the exception of suits concerning immovable property
situated outside Southern Sudan, a suit may be instituted against a Southern Sudanese
before the Courts of Southern Sudan, even if he or she has no domicile or residence in
Southern Sudan.

Section 10. Suit against a Foreigner with Domicile or Residence in Southern Sudan

The Courts of Southern Sudan shall be competent to try suits instituted against foreigners
who are domiciled or resident in Southern Sudan, except suits in respect of an immovable
property situated outside Southern Sudan.

Section 11. Suit of a Business Nature Against a Foreigner

The Courts of Southern Sudan shall be competent to try a suit instituted against a foreigner
who has no domicile or residence in Southern Sudan, in the following circumstances:
(a) if the subject matter of the dispute is connected with a movable or
immovable property located in Southern Sudan;
(b) if the suit is in respect of a liability which arose or was performed or ought to
have been performed in Southern Sudan, or,

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 (c) in respect to an act of bankruptcy or any other act which took place in
Southern Sudan.

Section 12. Suit of a Personal Nature Against a Foreigner

The Courts of Southern Sudan shall be competent to try a suit instituted against a foreigner
who has no domicile or residence in Southern Sudan, in the following circumstances:
(a) if the suit is for the annulment of marriage or divorce or for judicial
separation, provided that the petition is filed by a spouse who is domiciled in
Southern Sudan against another spouse who is no longer domiciled in
Southern Sudan;
(b) if the suit is for maintenance of a child who is a resident of Southern Sudan
or a parent or a spouse who is domiciled in Southern Sudan;
(c) if the suit is in respect to the parentage of a child who is a resident of
Southern Sudan, or for the termination, restriction, stay, or re-establishment
of the guardianship;
(d) where the suit is related to any personal matter, if the plaintiff is a Southern
Sudanese or a foreigner, and the defendant has no known domicile outside
Southern Sudan, or where Southern Sudan law is the proper law to be
applied; and/or,
(e) where the suit relates to guardianship of property, if the minor or the interdict
is domiciled or resident in Southern Sudan, or where Southern Sudan was his
or her last domicile or residence.

Section 13. Several Foreign Defendants

The Courts of Southern Sudan shall be competent to try suits where all the defendants are
foreigners; provided that, any one or more of the said foreigners is domiciled or resident in
Southern Sudan.

Section 14. Matters of Inheritance and Estates

The Courts of Southern Sudan shall be competent to hear matters of inheritance and suits
relating to estates of a deceased person where such deceased person was Southern Sudanese
or where the estates or any parts thereof are located in Southern Sudan.

Section 15. Submission to Jurisdiction

The Courts of Southern Sudan shall be competent to try suits not within their jurisdiction if
the defendant submits to such jurisdiction expressly or impliedly, and the Court does not of
its own motion declare itself incompetent for lack of jurisdiction.

Section 16. Local Court Competence

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 In cases where a Court of Southern Sudan assumes jurisdiction under sections 9, 10,11 or
12 of this Act, the plaintiff shall have the option to institute the suit before the Court within
whose jurisdiction he or she resides or conducts business.

Section 17. Subsidiary and Incidental Matters

Where a Court of Southern Sudan is competent to try a suit, such competence extends to all
preliminary issues and incidental matters, as well as to all applications connected with such
suit; provided that, it is in the best interest of justice.

Jurisdiction with Reference to Value and Subject Matter

Section 18. The Supreme Court

(1) The Supreme Court of Southern Sudan shall be the court of final judicial instance in
respect of any Civil litigation under Southern Sudan or state law, including statutory
and customary law, save that any decisions arising under national laws shall be
subject to review and decision by the National Supreme Court.

(2) Without prejudice to the provisions of subsection (1), above the Supreme court shall
have the following powers and jurisdiction:

(a) jurisdiction to decide on disputes that arise under the ICSS and the constitutions
of Southern Sudan states at the instance of individuals, juridical entities or
governments;
(b) adjudicate on the constitutionality of laws and set aside or strike down laws or
provisions of laws of Southern Sudan or states of Southern Sudan that are
inconsistent with the Constitution of Southern Sudan and the states Constitutions to
the extent of the inconsistency;
(c) be a court of review and cassation in respect of any civil and administrative
matters arising out of or under Southern Sudan laws;
(d) receive appeals against decisions and judgements of the courts of appeal;
(e) have original and final jurisdiction to resolve disputes between the states of
Southern Sudan and between the Government of Southern Sudan and a State;
provided that, this jurisdiction shall not extend to disputes relating to exclusive,
concurrent or residual powers of the national government; and
(f) Interprete the Constitution and legal provisions
(g) Protect the rights and freedoms conferred by the Constitution
(h) Conflict of Judicial Jurisdiction
(i) have such other competences as may be determined by this Act or any other
law.

Section 19. The Court of Appeal

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 The Court of Appeal shall have jurisdiction to hear and determine the following matters:
(a) appeals against judgements and orders of the High Courts; and,
(b) appeals against administrative decisions made by administrative authorities.
(c) any other matter assigned to its jurisdiction by the ICSS or any other law;

Section 20. The High Court

(1) A High Court shall have jurisdiction to try original suits without limit as to value or
subject matter, except as otherwise provided by law.

(2) Without prejudice to the provisions of subsection (1) above, a High Court shall have
exclusive jurisdiction to:
(a) try originally, suits concerning companies, trade marks, business names,
bankruptcy and settlement between creditors;
(b) try originally, suits concerning matters of personal law in respect of
foreigners;
(c) hear and determine appeals against judgements and orders of County Courts
of the First and Second Grade Judges; and,
(d) review administrative decisions made by State or County authorities, or any
authority there under.

Section 21. The County Courts

(1) A County Court of the First Grade Judge shall have jurisdiction to try any suit
without limit as to value and shall also have jurisdiction to hear and determine
appeals against judgements and orders of Payam Courts, and such other appeals as
may be expressly provided by any other law.

(2) A County Court of the Second Grade Judge shall have original jurisdiction to try
suits of value not exceeding SP1000.

Section 22. Payam Court

(1) A Payam Court shall have original jurisdiction to try suits with a value not
exceeding SP500 subject to any limitation which may be contained in its warrant of
establishment.

(2) A Payam Court shall not have original jurisdiction to try the following:
(a) suits in which one or both parties is a GoSS Institution, a corporation or an
association which has a legal personality;
(b) suits in which the cause of action concerns a Act of exchange or promissory
note;
(c) suits involving the interpretation of any provision of the law; and,
(d) any class of suit specified from time to time by the President of the Supreme
Court.

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 (3) Where during the course of a suit, a matter not within the jurisdiction of a Payam
Court arises, the latter shall refer that matter to the competent Court, and the Court
to which the matter is referred shall be bound to proceed with it as if it arose in a suit
before it.

Section 23. Procedure before Payam Court

(1) A suit shall be instituted in the competent Payam Court. If the plaint which should
be heard in the Payam Court is presented to a County Judge he or she shall refer it to
the appropriate Payam Court.

(2) If it appears to a Payam Court that it has no jurisdiction, it shall refer the suit to the
County Court under whose jurisdiction the suit falls.

Local Jurisdiction

Section 24. A Court in which a Suit is Instituted

Every suit shall ordinarily be instituted in the Court of the lowest grade competent to try it.

Section 25. Suit Relating to Immoveable Property

A suit relating to immovable property shall be instituted before the Court within whose
jurisdiction the immovable property or any portion thereof is situated.

Section 26. Suit for Compensation

A suit that seeks compensation for a wrong committed against a person or which is related
to movable property, shall be instituted before the Court within whose jurisdiction the
wrong was committed or before the Court within whose jurisdiction the defendant resides or
conducts business.

Section 27. Other Suits

(1) Without prejudice to the provisions of sections 24, 25 and 26, above, any of the
following Courts shall have jurisdiction:
(a) the Court within whose jurisdiction the cause of action arises wholly or in
part;
(b) the Court within whose jurisdiction the defendant at the time of the
commencement of the suit resides or conducts business; or,
(c) the Court within whose jurisdiction any of the defendants at the
commencement of the suit resides or conducts business, if the Court so
permits.

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 (2) The place of residence of a company, association, society or corporation shall be
deemed to be the place where it conducts business or place where the entity has its
head office or one of its branches.

(3) In suits arising out of contracts, a cause of action arises within the meaning of
subsection 1(a) above, at any of the following places:
(a) the place where the contract was made;
(b) the place where the contract was to be wholly or partly performed or
executed;
(c) the place where, in accordance with express or implied terms of the contract,
any money was paid.

Section 28. Where Competent Court Can not be Ascertained

(1) If the defendant has no residence or place of business in Southern Sudan and it is
impossible to ascertain the competent Court to apply the provisions of this Chapter,
the Court within whose jurisdiction the plaintiff resides or conducts business, shall
have jurisdiction.

(2) If the plaintiff has neither place of residence nor place of business, the Courts in the
capital of Southern Sudan shall have jurisdiction.

Chapter III

Transfer of Suits

Section 29. Transfer where More than one Court is Competent

(1) Any party to a suit may apply to the Court in which the suit has been instituted to
have the suit transferred to another competent Court.

(2) The application for transfer shall be made at the preliminary stages of the suit, but
shall not be granted in any suit after the framing of issues.

(3) After hearing the other party, the Court shall make a determination with respect to
such application for transfer, taking into consideration the interests of the parties and
to what extent it is useful to transfer such suit.

Section 30. General Power of Transfer

(1) A High Court Judge, on its own motion or on the application of any party, after
giving notice to the other parties, and hearing such of them that wish to be heard,
may transfer any suit pending before it, or pending before any Court subordinate to
it, to any other subordinate Court which is competent to try the suit.

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 (2) The Court of Appeal may exercise the powers provided for in subsection (1) above,
in relation to any suit pending before a Court subordinate to it.

(3) The President of Supreme Court may exercise the powers provided for in subsection
(1) above, in relation to any suit pending before any Court in Southern Sudan.

Chapter IV

Matters not within the Jurisdiction of a Court

Section 31. Prior Adjudication

(1) No Court in Southern Sudan shall try any suit or issue which is directly and
substantially based on a matter in issue, that was decided in a former suit between
the same parties, or between parties under whom they or any of their claims,
litigating under the same title in any competent Court.

(2) Any application contained in a petition or a ground of defense in such former suit
shall be deemed to have been a matter directly and substantially in issue in such suit.

(3) Any relief claimed in the plaint which is not expressly granted by the prior decree
shall, for the purposes of this section, be deemed to have been rejected.

(4) Criminal proceedings are not a suit within the meaning of this section.

Section 32. Pending Suits

No suit shall be allowed in respect of a dispute pending before any other competent Court.

Chapter V
Institution and Contents of a Suit

Section 33. Institution of a Suit

(1) A suit is deemed to be instituted on the date of payment of Court fees or, if the
plaintiff is exempted from payment of fees by law or order of Court, on the date on
which the plaint was allowed by the Court.

(2) No suit shall be instituted against a GoSS Institution or against a pubic servant in
respect of any act purporting to be done by such public servant in his or her official
capacity or during or by reason of discharge of his or her duty, unless and until
either the plaintiff or the Court, as the case may be, have served notice of the claim

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 or of the intention to institute a suit on the Minister, and two months (or such shorter
period as the Minister shall agree) shall have elapsed after such service.

Section 34. Contents of a Plaint

A plaint shall contain the following particulars:

(a) the name of the Court in which the suit is instituted;
(b) the name, profession, or occupation and place of residence of the plaintiff;
(c) the name, profession, or occupation and place of residence of the defendant;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind,
a statement to that effect;
(e) the facts constituting the cause of action and when they arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his or
her claim, the amount so allowed or relinquished; and,
(i) a statement of the value of the subject matter of the suit.

Section 35. Amendment of a Plaint

When there is an error or omission in the particulars required to be contained in a plaint, the
Court may return it to the plaintiff for amendment during a period to be fixed by the Court,
or the Court may cause the plaint to be amended there and then.

Section 36. Contents of a Suit

(1) A suit shall include the whole of the claim which the plaintiff is entitled to make in
respect of the cause of action, but a plaintiff may relinquish any portion of his or her
claim in order to bring the suit within the jurisdiction of a particular Court.

(2) Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion
of his or her claim, he or she shall not afterwards sue in respect of the portion so
omitted or relinquished.

(3) A person entitled to more than one relief in respect of the same cause of action may
sue for any or all of them; provided that, if he or she omits a cause of action or fails
to sue for all potential relief, he or she shall not afterwards be permitted to sue for
any relief so omitted, except with the leave of the Court.

(4) For the purposes of this section, an obligation and collateral security for its
performance and successive claim arising under the same obligation shall be deemed
to constitute one cause of action.

Section 37. Persons with the Same Interest

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 (1) Where there are several persons with the same interest in one suit, one or more of
the said persons may, with the permission of the Court, sue or be sued, or may
defend such suit, on behalf of or for the benefit of all persons so interested.

(2) In cases which require that notice of the initiation of the suit be given to all
interested parties, the Court shall require that notice be given to all such persons by
personal service or, where such service is not reasonably practicable, by
advertisement in newspapers or in such other manner as the Court may direct.

(3) Any person on whose behalf or for whose benefit a suit is instituted or defended
under subsection (1) above, shall be afforded a reasonable opportunity to object and
may apply to be made a party to the suit.

Section 38. Summary Dismissal of a Plaint

The Court shall dismiss the plaint summarily, where upon examination of the plaint and
after hearing of the plaintiff if necessary, it appears that:
(a) the plaint does not disclose a cause of action;
(b) the relief claimed is undervalued, and the plaintiff on being required to
correct the valuation within the time fixed by the Court has failed to do so;
or,
(c) the suit is one which the Court is incompetent to try.

Chapter VI

Summons

Section 39. Contents of Summons

(1) Where the plaint is presented in the proper form as required by section 34, or duly
amended in accordance with section 35, the Court shall, if it does not reject the
plaint under section 38, order that the plaint be allowed and fees be paid and shall
issue summons, accordingly.

(2) The summons shall be in the prescribed form, signed by the Judge, contain a precise
statement of the cause of action and the relief claimed, and direct the defendant to
appear and answer at a named date, time and place.

(3) When fixing the date of hearing, the Court shall allow sufficient time between
service of summons and date so fixed for hearing.

(4) The Court may order that a copy of the plaint be attached to the summons.

(5) Court fees shall be paid within seven days from the date on which payment is
ordered, otherwise the Court shall dismiss the plaint.

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Section 40. Service of Summons

(1) Service of summons shall be effected by officials of the Court unless the Court or
the law directs otherwise.

(2) Service of summons shall be made by delivering or tendering a copy of the

summons to the defendant.

(3) Wherever it is practicable, service shall be made on the defendant in person unless
he or she has an agent empowered to accept service.

Section 41. Time of Service of Summons

No summons shall be served between sunset and sunrise unless it is necessary to do so, and
leave of the Court is obtained.

Section 42. Service on Several Defendants

Except as otherwise provided by law, where there are several defendants, service of the
summons shall be made on each defendant.

Section 43. Service Where Defendant Cannot be Found or Refuses to Accept Service

(1) Where a defendant cannot be found, service may be made:

(a) on any adult member of his or her family with whom the defendant resides;
or,
(b) where the suit is for immovable property, on any agent of the defendant or
heir in charge of such property.

(2) Where the person upon whom the summons is to be served, refuses to accept service
or where the serving officer after using all due and reasonable diligence cannot find
the defendant and there is no agent to accept service of the summons on the
defendant's behalf or any other person on whom service can be made, the serving
officer shall return the summons to the Court with a report explaining the
circumstances, endorsed thereon or annexed thereto.

Section 44. Substituted Service

(1) Where the Court is satisfied that there is reason to believe that the defendant is
intentionally avoiding service, or that for any other reason the summons cannot be
served, the Court shall order the summons to be served by any of the following
means:
(a) by fixing a copy of the summons on a conspicuous place in the Court House
and also on the door of the defendant’s last known address;
(b) by an advertisement in a newspaper of wide circulation; or,

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 (c) in such other manner as the Court deems appropriate.

(2) Service substituted by order of the Court shall be effective from the time the
procedure directed by the Court has been carried out.

Section 45. Service on a Defendant who does not Reside in Southern Sudan

If the defendant does not reside in Southern Sudan and has no agent empowered to accept
service, the summons shall be sent to the Chief Registrar of the Judiciary who shall, in turn,
send it to the Ministry of Regional Cooperation to serve the summons through diplomatic
channels, or in such other manner as the Court may direct.

Section 46. Service on a Firm, Business Agent, Company or Business

(1) Summons relating to partnership or business agents shall be served at the principal
place of business upon any partner, manager business agent or any person having
control or management of the partnership business or, where there is no such place
of management, upon any partner.

(2) A summons to a company or association having a corporate status shall be served at

its principal office upon the Secretary or Director or any principal officer of the
company or association, or as provided by law.

(3) A summons in respect of a foreign company with a branch or agent in Southern

Sudan shall be served on such branch or agent, or as otherwise provided by law.

Section 47. Service on Defendant’s Agent

(1) In a suit relating to any business or work of a person who does not reside within the
local limits of jurisdiction of the Court from which the summons is issued, service of
the summons on any manager or agent who, at the time of the service, personally
carries on such business or work for such person within such limits, shall be deemed
to be valid service.

(2) For the purpose of this section the captain of a ship shall be deemed an agent for the
owner or charterer of the ship.

Section 48. Service on GoSS Institution

Where any GoSS Institution is sued, the summons shall be served on the Minister, with a
copy to the GoSS Institution subject of the suit.

Section 49. Service on Members of the SPLA and other Regular Forces

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 Where the defendant is a member of the SPLA or other regular forces, the Court shall send
the summons to his or her commanding officer at the place where the defendant is stationed.

Section 50. Service on Prisoners

Summons addressed to prisoners shall be served by delivery to the prisons officer in charge
of the prison.
Section 51. Service on Sailors and Plane Crews

Summons addressed to sailors, any person working on a ship or plane crew, shall be served
on the person or by delivery to the captain of the ship or the plane.

Section 52. Commencement of Service

In the cases provided for in sections 49, 50 and 51 above, service shall be effective from the
time of delivery of the summons to the commanding officer, the prisons officer or the
captain of the ship or pilot of the plane, respectively.

Section 53. Transfer of Summons to another Court

A summons may be transferred for service to the lowest Court within whose jurisdiction the
defendant resides, or to any Court by which service can be more conveniently effected.

Section 54. Endorsement of Service

(1) The person serving the summons shall endorse on the original summons the date and
time of service, the name, trade and profession of the defendant or of the person
upon whom it is served and his or her relation to the defendant.

(2) The person serving the summons shall obtain the signature of such person on the
summons or the person shall prove the refusal of such person to receive the
summons and the reason thereof.

Section 55. Other Summons

The provisions of this Chapter shall, as far as practicable, apply to all types of summons
issued by a Court.

Chapter VII

Valuation of Suit

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Section 56. Valuation of Suit

(1) The value of a suit for the purpose of determining the Court of appropriate
jurisdiction under this Act, shall be based on the value of the underlying suit,
exclusive of any additional fees and charges including, but not limited to Court
costs, advocate fees, punitive damages, or other ancillary fees and costs.

(2) In determining the value of the underlying suit, the following provisions shall apply:
(a) in personal actions, the value of the suit shall be the total amount, value or
damage sought to be recovered, and includes:
(i) the amount of money or damages, whether liquidated or unliquidated;
(ii) the value of any claim for the seizure of property;
(iii) any claim for rent or similar profits;
(iv) any claim for any debt, damages or compensation arising under any
law;
(v) in suits for maintenance, the total amount claimed if the period for
which maintenance is claimed is less than one year and, the amount
of twelve months' maintenance in any other case;
(vi) in suits to establish the right to payment of a periodical sum other
than maintenance, ten times the amount claimed to be payable in one
year; and,
(b) in other actions and matters the value of the suit shall be the total amount,
value or damage sought to be recovered, and includes:
(i) the amount or value owing on any mortgage, encumbrance, charge or
lien, regardless of whether payment or enforcement by delivery of
possession of the property is sought;
(ii) the amount or value of damage sustained or the estate or fund in
respect of which relief is sought in suits involving fraud or mistake;
(iii) the value of the interest in property where an action for specific
performance of an agreement for the sale or other disposition of an
interest in land or of any other property right is sought;
(iv) the amount in dispute, or the value of the property affected, in suits
for rectifying, delivering up or cancelling any agreement;
(v) the amount or value relating to a declaration of partnership or
dissolution or winding up of, or otherwise relating to, any
partnership;
(vi) the amount or value of the underlying property in suits involving the
sale, partition or division of property;
(vii) the amount or value of the estate in suits involving the administration
of the estate of a deceased person;
(viii) the amount or value of the estate, fund or trust in suits involving the
execution of a trust or a declaration that a trust subsists;
(ix) the amount of value relating to the custody, maintenance or
advancement of a child including the appointment of a guardian to

16
 the property or person of a child but not so as to authorise any order
under this provision affecting assets or property of a child;
(x) the value of the land in suits relating to recover possession of any
land; and,
(xi) the value of the land in suits seeking to restrain, whether by
injunction or otherwise, any actual, threatened or apprehended
trespass or nuisance to land.

Chapter VIII

Appearance and Non-Appearance

Section 57. Right to Appear

(1) On the day fixed for hearing of the suit, the parties shall attend the Court in person
or by their respective advocates.

(2) An appearance by the following persons shall be deemed to be an appearance by the

parties themselves:
(a) the Minister, or his or her representatives or legal counsels, appearing on
behalf of a GoSS Institution;
(b) agents authorized to appear by an authentic Power of Attorney from an
official authority.

Section 58. Limit on Agency

(1) Appointment of an agent empowers the agent to do all acts pertaining to the
initiation or defense of the suit until judgement and decree are passed and delivered
by the Court.

(2) Without prejudice to the requirement of special authorization in certain matters

provided by law, such agency includes the receipt of fees and payment of costs.

Section 59. Consequence of Non-Appearance of both Parties

(1) If both plaintiff and defendant fail to appear at the first sitting, the suit shall be
dismissed by the Court.

(2) Where a suit is dismissed under subsection (1) above, the plaintiff may bring a new
suit, or if within a period of thirty days from the date of the dismissal of the suit, he or she
satisfies the Court that there was sufficient cause for his or her failure to appear, the Court
shall make an order setting aside the dismissal and shall appoint a day for proceeding with
the suit.

17
Section 60. Procedure Where Defendant Fails to Appear

(1) If the plaintiff appears at the first sitting and the defendant fails to appear, the Court
shall:
(a) proceed to hear the suit in the defendant’s absence; provided that,
satisfactory evidence is provided that confirms that the summons was duly
served;
(b) if it is proved that the summons was not duly served, the Court shall adjourn
the suit and direct a second summons to be issued and served on the
defendant;
(c) if it is proved that the summons was served on the defendant but not in
sufficient time to enable him or her to appear and answer at the day fixed in
the summons, the Court shall postpone the hearing of the suit to a future date
to be fixed by the Court, and shall direct notice of such date to be given to
the defendant.

(2) Where the defendant appears at any subsequent time to which the hearing is
adjourned and assigns good cause for his or her previous failure to appear, he or she
may, upon such terms as the Court may direct as to payment of costs or otherwise,
be heard in answer to the suit in like manner as if he or she had appeared at the first
sitting.

(3) Where a decree is passed against a defendant who has not appeared in accordance
with the provisions of subsection (1)(a) above:
a. he or she shall be notified of such decree, and he or she may apply at any time
within thirty days from the date of notification, to the Court which passed the
decree for an order to set it aside; and,
b. if he or she satisfies the Court that the summons was not duly served or that he
or she did not have sufficient time before the hearing,
the Court shall make an order setting aside the decree upon such terms as to costs,
payment into Court or otherwise as it deems appropriate and shall appoint a day for
the hearing of the suit.

Section 61. Procedure where Plaintiff Fails to Appear

(1) Where at the time fixed for the first sitting, the defendant appears and the plaintiff
does not appear, the Court shall make an order that the suit be dismissed unless the
defendant admits the claim or part thereof, in which case the Court shall pass a
decree against the defendant upon such admission, and, where only part of the claim
has been admitted, shall dismiss the suit so far as it relates to the remainder.

18
 (2) Where a suit is wholly or partly dismissed, the plaintiff shall be precluded from
bringing a new suit in respect of the same cause of action.

(3) Where a suit is so dismissed, the plaintiff may apply within thirty days from the date
of the dismissal for an order to set the dismissal aside; and if he or she satisfies the
Court that there was sufficient cause for his or her non-appearance when the suit was
called for hearing, the Court shall make an order setting aside the dismissal upon
such terms as to costs or otherwise as it deems appropriate and shall appoint a day
for proceeding with the suit.

Section 62. Failure to Appear by One or More Plaintiffs

Where there are two or more plaintiffs, and one or more of them fail to appear, the Court
may, at the instance of the plaintiff or plaintiffs that do appear, proceed with the suit in the
same way as if all the plaintiffs had appeared, or make such orders as it deems appropriate.
Section 63. Failure to Appear by One or More Defendants

Where there are two or more defendants, and one or more of them fail to appear, the suit
shall proceed and the Court shall at the time of pronouncing judgement make such order as
it deems appropriate with respect to the defendants who did not appear.

Section 64. Notice to be Given to Opposing Party

No order shall be made under section 60(3) of this Act and no decree shall be set aside
under section 61(3) of this Act unless notice of the application therefore has been served on
the opposing party.

Section 65. Failure to Appear on Day to which the Suit is Adjourned

Where on any day to which the hearing of the suit is adjourned, the parties or any of them
fail to appear, the Court shall make such decrees or orders as it deems appropriate.

Chapter IX

Court Sittings

Section 66. Official Language of the Courts

The official language of the Courts of Southern Sudan shall be English and Arabic, but a
Court may hear parties or witnesses who are ignorant of English and Arabic in any other
language through an interpreter on oath, subject to any law providing otherwise in respect
of certain cases or certain localities.

Section 67. Open Sittings

19
 The Court sittings shall be open, but the Court may sit in camera where considerations of
public interest or morality so demand.

Section 68. Mode of Taking Evidence in Court

The statements of the witnesses and parties to the suit or any documents or pleadings
presented by them shall be taken by the Court, or a clerk appointed by the Court and the
record may be read over on application by any of the parties.

Section 69. Adjournment and Extension of Time

The Court may, at any stage of the suit, for sufficient reasons and on such terms as to costs
as it deems appropriate:
(1) adjourn the hearing of the suit, from time to time, for short and reasonable
periods;
(2) either before or after the expiration of the time appointed by this Act or by an
order of the Court for the doing of any act, extend the time for the doing of
such an act.

Section 70. Order in Court

(1) The control and management of the Court sittings are committed to the President of
the Court, and subject to the provisions of any other applicable law.

(2) The President of the Court may clear the Court of any person who contravenes the
rules of the sitting or immediately sentence him or her to imprisonment for a period
not exceeding seven days or fine not exceeding SP30 if he or she does not obey the
order of the Court and the said sentence shall not be subject to appeal.

(3) The Court before the end of the hearing may withdraw such sentence.

Chapter X

Proceedings of the Suit

Section 71. Submission of Pleadings

(1) At the first sitting for hearing the suit or at any time subsequent thereto to which the
proceedings are adjourned, the Court shall examine the parties who appear, in order
to ascertain upon what questions of law or fact the parties are at dispute.

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 (2) The Court may, instead of examining the parties, order them to submit written
pleadings.

Section 72. Contents of Pleadings

(1) Every pleading shall contain the following information:

(a) the name of the parties;
(b) material facts in a concise form, and not law;
(c) material facts and not the evidence by which they are to be proved;
(d) dates, sums and numbers expressed in figures; and,
(e) signature of the party or his or her authorized agent or his or her advocate.

(2) Every plaint shall be divided into paragraphs and numbered consecutively.

Section 73. Contents of Written Statement of Defence

(1) The written statement of defence, submitted by the defendant, shall contain the
following information:
(a) the names of the parties;
(b) all grounds of defense;
(c) specific admission or denial of each ground alleged by the plaintiff, except
the amount of damages.

(2) Every allegation of fact contained in the plaint, if not denied specifically or by
necessary implication or stated to be not admitted in the pleading of the defendant,
shall be taken to be admitted except as against a person under disability; provided
that, the Court may require any allegation of fact not specifically denied to be
established by another mode of proof.

Section 74. Further and Better Statement of Particulars

A further and better statement of the nature of a claim or defense or further and better
particulars of any matter stated in any pleading, may be ordered by the Court on application
of the parties and upon such terms as it deems appropriate.

Section 75. Amendment of Pleadings by the Court

The Court may at any stage of the proceedings order any pleadings to be struck out or
amended, if the Court believes they are unnecessary, or tend to prejudice or delay the trial
of the suit.

Section 76. Amendment of Pleadings by the Parties

(1) The Court may at any stage of the proceedings but before judgement, allow either
party to alter or amend his or her pleadings in such manner and on such terms as

21
 may be just, and all such other amendments shall be made as may be necessary for
the purpose of determining the real questions in controversy between the parties.

(2) Every amendment shall be made within the time specified by the order of the Court,
and if no time is thereby specified, within fifteen days from the date of the order.

(3) No amendment shall be allowed after the expiry of such specified time as aforesaid
or of such fifteen days, as the case may be, unless the time is extended by the Court.

Section 77. Procedure where Defendant Fails to Present Written Statement Called for by
the Court

Where the defendant from whom a written statement of defense is required, fails to present
such statement within the time fixed by the Court, the Court may, after taking evidence in
support of the plaintiffs claim, pronounce judgement against the defendant or make such
order in relation to the suit as it deems appropriate.

Section 78. Framing of Issues

From the examination of parties and their pleadings the Court shall frame and record:
(a) the material facts upon which the parties are agreed;
(b) the questions of law or fact upon which the parties are at variance; and,
(c) a note of the evidence they intend to introduce to establish questions of fact
which may be in issue.

Section 79. Amendment of Issues

The Court at any time before passing a decree may amend the issues or frame additional
issues on such terms as it deems appropriate in relation to costs or any other matter.

Section 80. Where no Defence is Made

The Court is not bound to frame and record issues where the defendant makes no defence.

Section 81. Hearing of Suit

After framing of issues the Court shall either proceed at once to hear the suit or appoint a
time for the hearing thereof.

Section 82. Mode of Hearing

(1) On the day fixed for the hearing of the suit, the party upon whom the burden of
proof lies shall begin by stating his or her case and producing every evidence in
support of the issues which he or she is bound to prove.

22
 (2) Upon completion of the first party’s statement, the other party shall then state his or
her case and produce every evidence in his or her defence, he or she may then
address the Court generally.

(4) The party beginning may then reply generally on the whole case.

Section 83. Issues of Law and Fact

Where issues of law and fact arise in the same suit, and the Court is of opinion that the suit
or any part thereof may be disposed of on the issues of law only, it shall try those issues
first, and for that purpose may, if it deems appropriate, postpone the framing of the issues of
fact until after the issues of law have been determined.

Chapter XI

Witnesses

Section 84. Power to Summon Witnesses

The Court may at any time, either of its own motion or on the application of any party:
(a) issue summons to any person whose attendance is required to give evidence
or produce documents or other material objects producible as evidence;
(b) order any person present in Court to give evidence or to produce any
document or other thing then and there in his or her possession or power;
(c) make such orders as may be necessary and reasonable in all matters relating
to the delivery and answering of interrogatories, the admission of documents
and facts, and the discovery, inspection production, impounding and return
of documents or any other object as aforesaid.

Section 85. Power to Compel Witnesses to Attend

(1) Where a person to whom a summons has been issued under section 84, above,
neglects or refuses to obey the summons, the Court may, if it is satisfied that the
person so summoned has failed to comply with it without lawful excuse or has
intentionally avoided service, issue a warrant for the arrest of such person.

(2) The Court may either instead of, or in addition to issuing a warrant of arrest of such
person, make an order for the attachment of his or her property in such amount as
the Court deems appropriate, not exceeding the amount of the costs of the
attachment and of any fine which may be imposed under subsection (4), below.

23
 (3) Where at any time after the attachment of his or her property such person appears
and satisfies the Court that he or she did not without lawful excuse fail to comply
with the summons or intentionally avoid service, the Court shall direct that the
property be released from attachment, and shall make such order as to the costs of
the attachment, as the Court deems appropriate.

(4) Where such person does not appear, or appears but fails to satisfy the Court,
pursuant to subsection (3) above, the Court may impose a fine on him or her not
exceeding SP10 and, if necessary, may order his or her property or any part thereof
to be attached and sold, or if already attached under subsection (2) above, to be sold
for the purpose of satisfying all costs of such attachment together with the amount of
such fine, if any.

(5) The attachment shall be made in the manner provided for the attachment of property
in the execution of a decree.

Section 86. Refusal to Give Evidence

Where a party to a suit present in Court refuses, without lawful excuse, when required by
the Court to give evidence or to produce any document or any other thing in his or her
possession or power, the Court may pronounce judgement against him or her or make such
order in relation to the suit as it deems appropriate.

Section 87. Expenses of Witnesses

Where a party applies for a summons to be issued to a witness, the Court may order such
party to pay into Court such sum of money as the Court thinks reasonable to defray the
travelling and other expenses of the person summoned.

Section 88. Mode of Hearing Witnesses

Save as otherwise provided by this Act, evidence of the witnesses and of any other parties
appearing as witnesses shall be taken by or under the personal superintendence of the judge
orally, and in an open Court.

Section 89. Witnesses to Take Oath or Make Affirmation

Every witness before giving evidence shall take an oath or make a solemn affirmation that
he or she will say the truth, the whole truth and nothing but the truth.

Section 90. Cross-examination and Re-examination

(1) Each party may cross-examine the opposing party and all his or her witnesses.

24
 (2) The party calling a witness may re-examine him or her after he or she has been
cross-examined by the opposing party.

(5) After re-examination, the witness shall not be further questioned or re-called, except
through or by leave of the Court.

Section 91. Irrelevant or Oppressive Questions

The Court shall disallow any question which appears to the Court to be irrelevant,
oppressive or vexatious.

Chapter XII

Joinder of Parties
.
Section 92. Application for Joinder

(1) Any person who can demonstrate a genuine interest in the outcome of a suit, may
apply to the Court to be joined as a party to the suit.

(2) The application for joinder shall be made to the Court and served on all the parties to
the suit.

(3) No application for joinder shall be allowed after final submissions.

Section 93. Objection to Joinder

(1) Parties to the suit may object to an application for joinder whether submitted by the
opposing party or by a third party.

(2) If the Court is satisfied that the application for joinder does not rely on any genuine
interest or that it is meant to delay the trial, it shall reject the application for joinder.

Section 94. Power to Add or Dismiss Parties

(1) The Court may of its own motion or on the application of the parties, at any time
before passing a decree, order:
(a) that any person be made plaintiff or defendant, if his or her joinder is either
necessary or proper for the fair and/or just trial of the suit or its final
disposal;
(b) that any plaintiff be made defendant or that any defendant be made plaintiff;
(c) that the parties improperly or unnecessarily joined be dismissed.

(2) No person shall be added as a plaintiff without his or her consent.

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 Chapter XIII

Tender of Debt or Damages

Section 95. Payment into Court by Defendant

(1) The defendant, in a suit to recover a debt or damages, may at any stage of the suit
deposit into the Court such sum of money as he or she considers to be in full
settlement of the claim.

(2) The Court shall give notice of the deposit to the plaintiff. The amount of the deposit
shall, with the leave of the Court, be paid to the plaintiff on his or her application.

(3) No interest shall accrue to the plaintiff on any sum deposited into the Court, from
the date of the service of such notice on the plaintiff, regardless of whether such sum
is in full or partial settlement of the claim.

Section 96. Procedure Where Plaintiff Accepts Full or Partial Satisfaction

(1) Where the cause of action in a suit seeks the payment or recovery of money, and one
of the parties admits that such money is owed by him or her, the Court may order the
deposit of such money into the Court, or the delivery thereof to the other party on
such terms as it thinks necessary.

(2) The execution of such order shall be made in the manner provided for by this Act for
execution of financial decrees.

(3) Where the Court makes a final decree in the suit, it shall take into consideration any
sum of money paid or collected in accordance with the provisions of this section.

(4) Where the plaintiff accepts the deposited amount in partial satisfaction of his or her
claim, he or she may proceed with his or her suit for the balance, and if the Court
decides that the deposit was, in fact, a full satisfaction of the plaintiff's claim, the

26
 plaintiff shall pay the cost of the suit incurred after the deposit, as well as the costs
previously incurred so far as they were caused by the excess claim by the plaintiff.

(5) Where the plaintiff accepts the deposited amount in full satisfaction of his or her
claim he or she shall present to the Court a statement to that effect, and the Court
shall pronounce judgement accordingly; and in directing by whom the costs of each
party are to be paid, the Court shall consider which of the parties is most to blame
for the litigation.

Chapter XIV

Abatement of Suits

Section 97. Death of one of the Parties

(l) The death of a plaintiff or defendant shall not cause the suit to abate if the right to
sue survives the death.

(2) Where a party to a suit dies, his or her legal representative or heirs shall be made a
party to the suit, on the application of such legal representative or heirs or of any
party to the suit.

Section 98. Bankruptcy of Plaintiff

(1) The bankruptcy of a plaintiff in a suit, where the bankruptcy receiver might maintain
the suit for the benefit of the creditors, shall not cause the suit to abate unless the
receiver declines to continue the suit or to give security for the costs or unless for
any special reason the Court otherwise directs.

(2) Where the receiver neglects or refuses to continue the suit, the defendant may apply
for the dismissal of the suit on the ground of the plaintiff's bankruptcy, and the Court
may make an order dismissing the suit or make such order as it deemed appropriate.

(3) Where a suit abates or is dismissed under the provisions of this section, the receiver
may apply for an order to set aside the abatement or dismissal; and if it is proved
that he or she was prevented by any sufficient cause from continuing the suit, the
Court shall set aside the abatement or dismissal on such terms as to costs or
otherwise as it deems appropriate.

Section 99. Dismissal of Suit for Abandonment

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 (1) When a suit is adjourned indefinitely, or until application is made or where an order
is made staying a suit, such suit shall be dismissed by the Court, if an application is
made by either party within one year of the date on which the order for adjournment
or stay was made.

(2) Where a suit is dismissed under subsection (1) above, no new suit shall be brought
on the same cause of action by the same parties, but either party may apply to the
Court to set aside the dismissal order; provided that, the application is made before
the right to sue is extinguished by lapse of time and the Court may for sufficient
reasons set aside the dismissal order upon such terms as to costs and otherwise as it
deems appropriate.

Chapter XV

Judgements and Decrees

Section 100. Suit Reserved for Judgement

(1) The Court, after the suit has been heard, shall either immediately or at any
subsequent short and reasonable time, of which due notice shall be given, pronounce
its judgement.

(2) If for any reason the Court adjourns the pronouncement of judgement for a second
time, the Court shall record its reasons for such adjournment, and shall fix a date for
the pronouncement of judgement. The Court shall not thereafter adjourn
pronouncement except for substantial reasons to be recorded.

Section 101. Pronouncement of Judgement

The judgement shall be pronounced in an open sitting of which due notice shall be given to
the parties.

Section 102. Judgement and its Reasons

The judgement shall be in writing and shall state the reasons for the decision.

Section 103. Contents of Judgement

The judgement shall contain the following particulars:

(1) the file number of the suit;
(2) the names and description of the parties;
(3) the date and place of judgement and the Court which issued it;
(4) the name of the judge who passed it;
(5) the admissions and the issues;

28
 (6) the reasons supporting the judgement;
(7) the decree; and,
(8) the name(s), signature(s) of the judge(s) who issued the judgement.

Section 104. Contents of Decree

(1) The decree shall contain:

(a) the file number of the suit;
(b) the names and description of the parties; and,
(c) the relief’s granted or other determination of the suit.

(2) The decree shall also state the amount of costs and by whom such costs are to be
paid.

(3) The decree shall bear the same date as the judgement and the name and signature of
the presiding Judge who issued it.

Section 105. Decree for Delivery of Movable Property

Where the suit involves movable property, and the decree is for the delivery of such
property, the decree shall also state the amount of money to be paid as an alternative if
delivery cannot be made.

Section 106. Decree Requiring Alteration in Register

Where the decree directs an alteration to be made in any register established under any other
law, the decree shall contain specific direction to carry out the required alteration.

Section 107. Preliminary Decree

In any suit the Court may, before passing its final decree, pass a preliminary decree
directing such accounts and inquiries to be taken and made as it deems appropriate.

Section 108. Decree may determine the Mode of Payment

(1) Where and in so far as the decree is for the payment of money, the Court may, for
sufficient reasons, fix the date of payment, or order that payment of the sum decreed
shall be made by installments with or without interest.

(3) Where a judgement debtor defaults in paying any installment, the decree holder shall
be entitled to make execution for the whole sum remaining unpaid unless the Court
otherwise directs.

Section 109. Interest After Institution of Suit

29
 (1) Where a decree is for the payment of money, the Court may order interest to be paid
on the principal sum adjudged from the date of the initiation of the suit until the date
of payment or to such other date as the Court deems appropriate.

(2) The rate of interest shall not exceed the rate of interest adjudged on such principal
sum of any period prior to the initiation of the suit, and shall not exceed the prime
rate established by the Bank of Southern Sudan plus five basic points.

(3) No interest shall be ordered under this section unless the plaintiff has claimed it in
his or her plaint.

(4) Where such decree is silent with respect to the payment of interest as aforesaid, the
Court shall be deemed to have refused such interest and separate suit therefore shall
not be instituted.

Section 110. Costs

(1) The Court, in making a final judgement shall, of its own motion, determine the
payment of the costs of the suit.

(2) Costs shall include fees of advocates and experts and witnesses expenses.

(3) The judgement debtor shall be ordered to pay the costs, unless the Court, for
sufficient reasons, otherwise directs.

Section 111. Delivery of Copy of the Judgement and Decree

A copy of the judgement or of any part of the record shall be provided to any party on fees
and a copy of a decree shall be given without fee.

Chapter XVI

Suit by or Against Trustees, Executors, Administrators,

Minors or Persons of Unsound Mind
Section 112. Representation of Beneficiaries

In all suits involving a person and property vested in or under the control of a trustee,
executor or administrator, the interests of such person may be represented by the trustee,
executor or administrator, but it shall not ordinarily be necessary to make them parties to the
suit, unless the Court otherwise directs.

Section 113. Joinder of Trustees

30
 Where there are several trustees, executors or administrators, they shall all be made parties
to a suit against one or more of them; provided that, the executors who have not proved
their testator's will, trustees, executors or administrators outside Southern Sudan, shall not
be made parties, unless the Court otherwise directs.

Section 114. Representation of Minor by Guardian ad Litem

In every suit in which a minor is either plaintiff or defendant, he or she shall be represented
by a guardian ad litem appointed by the Court.

Section 115. Guardian of the Property shall be Appointed Guardian Ad Litem

Where a guardian of the property of a minor has been appointed by a Court of competent
jurisdiction, such guardian shall be appointed to be the guardian ad litem unless the Court
for sufficient reasons, directs otherwise.

Section 116. Retirement and Removal of Guardian

Where the guardian ad litem desires to retire or does not do his or her duty or where other
sufficient grounds appear, the Court may permit the guardian ad litem to retire or may
remove him or her, and in such case, shall appoint a new guardian ad litem in his or her
place.

Section 117. Execution Against Minors

(1) Where the execution of a decree is applied for against the heir or representative, who
is a minor, a guardian ad litem shall be appointed and notice of the application shall
be served on such guardian.

(2) The provisions of section 116 above, shall apply to the guardian ad litem in the
execution.

Section 118. Guardian not to Compromise without Leave of the Court

No guardian ad litem shall, without the leave of the Court, enter into an agreement,
settlement or compromise on behalf of a minor with reference to the suit in which he or she
acts as a guardian, and any such agreement, settlement or compromise entered into without
the leave of the Court shall be voidable against all parties other than the minor.

Section 119. Extend of Application of Provisions of this Chapter

The provisions contained in this Chapter, so far as they are applicable, shall extend to
persons adjudged to be of unsound mind, and to persons who, though not so adjudged, are
found by the Court by reason of mental or physical infirmity, to be incapable of protecting
their interests when suing or being sued.

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 Chapter XVII

Suits Relating to Mortgages of Immovable Property

Section 120. Institution of Suit for Redemption

(1) A mortgagee may institute a suit for redemption:

(a) at any time after the principal money secured by the mortgage becomes due
and payable; or
(b) when the time for payment of the principal money is not specified in the
mortgage deed, at any time after the expiration of one year from the date of
the mortgage.

(2) Any person who has a genuine interest in the mortgaged property or in the
mortgage, shall be joined as a party.

Section 121. Conditions for Initiation of Suit for Redemption

Where a time for the payment of the principal money is not specified in the mortgage deed
or where the mortgagee has not exercised his or her right to redeem within a reasonable
period of time, the mortgagee shall not be entitled to redeem except in the following cases.
(a) if the property mortgaged is agricultural land and the mortgagor has entered
into possession in accordance with the terms of the mortgage deed, unless
the mortgagee has given notice to the mortgagor of his or her intention to
redeem and until the mortgagee has had sufficient time to harvest any crop
under cultivation at the time of such notice;
(b) if the property mortgaged is land other than agricultural land and the
mortgagor has entered into possession in accordance with the terms of
mortgage deed, unless the mortgagee has given the mortgagor three months
notice of his or her intention to redeem; and,
(c) in any other case, until the mortgagee has given to the mortgagor three
months notice of his or her intention to redeem or has paid or tendered to the
mortgagee three months’ interest in lieu of such notice.

Section 122. Condition for Initiation of a Suit for Sale or Foreclosure

(1) Where payment of the principal, the interest or of any other periodical payment
secured by a mortgage has been in default for a period of one month, the mortgagee
may, after giving notice in writing to the mortgagor of his or her intention to do so,
institute a suit for the sale or foreclosure of the mortgaged property.

32
 (2) No such suit shall be instituted before the expiration of one month from the service
of the notice provided for in subsection (1) above.

Section 123. Where Mortgagee is not Entitled to a Decree for Foreclosure

The mortgagee shall not be entitled to a decree for foreclosure:

(a) where the time for payment of the principal money is not specified in the
mortgage deed and the mortgagor has entered into possession of the
mortgaged property in accordance with the terms of the mortgage deed; or
(b) in any other case, until the Court has made an order for the sale of the
mortgaged property and no sale has been effected.

Section 124. Discharge of debt on Foreclosure

Where the Court has passed a decree for foreclosure the debt secured by the mortgage shall
be extinguished.

Section 125. Account between the Mortgagor and Mortgagee

(1) Where during the continuance of the mortgage, the mortgagor takes possession of
the mortgaged property, the Court shall take an account between the mortgagor and
the mortgagee in the following manner:
(a) the mortgagor shall be debited with the rents and profits which he or she has
received from the mortgaged property or which, but for his or her willful
default, neglect or mismanagement, he or she would have received or with
fair occupation rent, whichever is the greater in respect thereof;
(b) the mortgagee shall be credited with any sum spent by him or her on the
preservation, maintenance and management of the mortgaged property and
with any payment of taxation or any other expenses of the mortgaged
property which the mortgagor is bound to pay;
(c) the mortgagee shall be credited with an interest not exceeding ten percent per
annum or such amount as the Court may think fit where no payment of
interest or any periodical payment in lieu of interest is provided for in the
mortgage deed;
(d) where the amount of rents and profits mentioned in paragraph (a) above, is
received by the mortgagee and it exceeds the aggregate of the amounts
mentioned in paragraphs (b) and (c) above, the excess shall be deemed to be
in reduction firstly of the amount periodically paid in lieu of interest (if any),
and then in reduction of the mortgage money.

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 (3) The provisions of this section shall not apply to customary mortgages of agricultural
land where both the mortgagor and mortgagee are Southern Sudanese.

Section 126. Decree in Suit for Sale or Foreclosure

(1) In a suit for sale or foreclosure, if the plaintiff succeeds, the Court shall make a
preliminary decree determining the sum due to the plaintiff, interest and the costs,
and directing that:
(a) the defendant shall pay to the Court the amount so due on a date to be fixed
by the Court and not to exceed six months from the date of the preliminary
decree;
(b) if the defendant pays to the Court the amount so due, the plaintiff shall, if so
required, retransfer the property to the defendant free from the mortgage and
from all encumbrances and shall deliver to the defendant all documents in his
or her possession or power relating to the mortgaged property;
(c) if such payment is not made on or before the date fixed by the Court, the
Court shall order that the mortgaged property or a sufficient part thereof, be
sold by public auction, and the proceeds of the sale after defraying the
expenses of the sale be paid to the Court and applied in payment of what is
decreed due to the plaintiff as aforesaid, together with subsequent interest
and costs and that the balance, if any, be paid to the defendant or other
person entitled to receive it.

(2) Where payment is not made in accordance with subsection (1) above, the Court shall
on application made by or on behalf of the plaintiff, pass a final decree that the
mortgaged property or a sufficient part thereof, be sold and that the proceeds of the
sale be dealt with as mentioned in the preliminary decree.

Section 127. Condition of Sale of Land

The provisions relating to the sale of land in execution of a decree shall, so far as may be,
applied to a sale under this Chapter.

Section 128. Application for Foreclosure

If no sale is effected, the plaintiff may apply to the Court for foreclosure.

Section 129. Procedure Under Application for Foreclosure

(1) Where an application for foreclosure is made under section 128 above, the Court
shall cause notice to be served upon the defendant that it will pass a decree for
foreclosure unless a sufficient sum has been paid into Court within one month from

34
 the date of such notice to satisfy the amount found due as aforesaid and any further
interest, costs and expenses then due including the costs of abortive sale.

(2) If such sum has not been paid into Court within such time, the Court shall pass a decree
for foreclosure.

Section 130. Decree for Foreclosure

The decree for foreclosure shall direct that the defendant and all persons claiming through
or under him or her be debarred from all right to redeem the mortgaged property.

Section 131. Right of Subsequent Mortgagee to Redeem and Foreclose

Where property is mortgaged for successive debts to successive mortgagees, any mortgagee
may institute a suit to redeem the interest of prior mortgagees and to foreclose the rights of
those who are posterior to himself or herself and of the mortgagor.

Chapter XVIII

Suits for the Partition of Immovable Property

Section 132. Who may Institute Partition Suit

Where immovable property is held by co-owners in undivided shares, a suit for the partition
of such property may be instituted by:
(a) any one or more of the co-owners; or
(b) any person in whose favour an order for the sale of an undivided share in
such property in execution of a decree has been made.

Section 133. Where Partition May be Refused

Where the property sought to be partitioned is land which in accordance with local custom
is cultivated as a single unit, the Court may, if it is satisfied that a partition would be
detrimental to the interest of the co-owners generally, refuse to make a partition.

Section 134. Where Courtmay Order Sale

(1) Where the Court under section 133 above, refuses to make a partition, or where
owing to the number of co-owners or for any other reason the property sought to be
partitioned is incapable of partition, and one or more of the co-owners or the person
initiating the suit demand that his, her or their share be sold, or that such property be
sold, the Court shall in the absence of any agreement between the co-owners, value

35
 the shares of the co-owners who demand the sale, and offer such shares at such
valuation to any or all of the other co-owners in such proportion as it deems
appropriate.

(2) If the other co-owners are not willing to purchase the shares offered, the Court may
order the sale of such property or the separation and sale of such shares, or make
such other order for the disposal of the suit as it deems appropriate.

(3) Where the Court orders a sale under subsection (2) above, such sale shall be carried
out, so far as possible, in the manner prescribed for the sale of immovable property
in the execution of a decree.

Section 135. Where a Share of a Co-Owner is to be added to the Share of another Co-Owner

(1) Where the property sought to be partitioned is capable of a partition generally, but
the share when partitioned of any particular co-owner is less in area than any
minimum laid down by any enactment then in effect, the Court shall add such share
to the share of any other co-owner or distribute such share amongst two or more co-
owners in such manner and in such proportions, in the absence of an agreement, as
the Court deems appropriate.

(2) Where the Court proceeds under subsection (1) above, it shall assess the value of
such share and shall, in the final decree, order to be paid to the owner of such share
by any person who has received in addition to his or her share, the value of such
addition.

Section 136. Provisions as to Payment

Where any sum is payable under section 134 or 135 above, by a co-owner to another co-
owner, the Court may allow such time as it thinks reasonable for payment and such sum
shall be reflected as a charge on the share of the persons liable to pay it until such sum has
been paid.

Chapter XIX

Arbitration

Section 137. Reference to Arbitration

At any time before judgement is pronounced, the interested parties in a suit may agree that
any matter in issue between them, shall be referred to arbitration, and apply in writing to the
Court for an order of reference.

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Section 138. Contents of the Order of Reference

(1) The order of reference shall specify the names of the arbitrators, the precise matter
or matters submitted to arbitration and such period as the Court deems reasonable
for the making of the award.

(2) The Court may include provisions in the order of reference for the remuneration of
the arbitrators.

Section 139. Appointment of Arbitrators

(1) The arbitrators shall be appointed in such manner as may be agreed upon by the
parties to the suit.

(2) Where the parties have agreed upon an even number of arbitrators, the Court shall
appoint one additional arbitrator.

(3) Where the parties cannot agree with respect to the appointment of the arbitrator or
arbitrators, each party shall nominate one or more arbitrators as the Court may
decide; provided that, each party shall nominate the same number, and the Court
shall appoint one additional arbitrator.

Section 140. Appointment of Alternative Arbitrators

(l) Where the arbitrator refuses to accept the office or dies before or after appointment
or refuses to act or becomes incapable of acting or if he or she retires or is
dismissed, or leaves Southern Sudan in circumstances showing that he or she will
probably not return within a reasonable time, the Court shall call upon the party who
nominated such arbitrator or. if such arbitrator was appointed by agreement, upon
the parties, to nominate a new arbitrator.

(2) If no arbitrator is nominated within the period fixed by the Court, the Court may,
after giving the parties an opportunity of being heard, appoint an arbitrator or make
an order superseding the arbitration; and in such a case the Court shall proceed with
the suit.

Section 141. Summoning Witnesses and Parties

(l) The Court shall issue the same processes it issues in suits tried before it to the parties
and witnesses whom the arbitrator desires to examine.

(2) Persons not attending in accordance with such process or making any other default or
refusing to give their evidence or who are otherwise guilty of any form of contempt to
the arbitrator during the investigation of the matters referred, shall be subject, by order
of the Court on the representation of the arbitrator, to the like disadvantages, penalties

37
 and punishments as they would incur for the like offences in an suit tried before the
Court.

Section 142. Failure to Issue an Award Within the Specified Period

(1) The arbitrators shall issue an award within the period specified in the order of
reference; provided that, the Court may extend such period from time to time as it
deems appropriate.

(2) Where the arbitrators cannot, without sufficient reasons, issue an award within the
period specified, the Court may make an order superseding the arbitration, and in
such case shall proceed with the suit.

Section 143. Award

(1) The arbitrators shall make an award separately upon each matter referred to in the
order of reference unless an award on one or more of such matters is sufficient for
the determination of the dispute.

(2) The award shall be determined by consensus of the majority of the arbitrators.

(3) The award shall be in writing and shall be signed by the persons who made it and it
shall be regarded as valid if signed by the majority of the arbitrators.

(4) The award shall be submitted to the Court together with any depositions and
documents.

(5) The Court shall cause notice to be served on the parties to attend and hear the award.

Section 144. Opinion of the Court

The arbitrators may, with the leave of the Court, request the opinion of the Court as to any
of the matters referred to arbitration and such opinion shall form part of the award.

Section 145. Power to Modify or Correct Award

The Court may modify or correct an award:

(a) where it appears that part of the award is based upon issues or matters not
referred to arbitration, and such part can be separated from the other part and
does not affect the decision on the matter referred;
(b) where the award is imperfect in form, or containing any obvious error which
can be amended without affecting such decision; and,

38
 (c) where the award contains clerical or arithmetical mistakes.

Section 146. Where Award is Remitted

(1) The Court may remit the award or any matter referred to arbitration for
reconsideration of the same by arbitrators upon such terms as it deems appropriate in
the following circumstances:
(a) where the award:
(i) has left undetermined any of the matters referred to arbitration, or
(ii) where it determines that any matter not referred to arbitration,
unless such matter can be separated without affecting the determination of
the matters referred;
(b) where the award is so indefinite as to be incapable of execution; and,
(c) where the award clearly contravenes the law.

Section 147. Grounds for Setting Aside an Award

(1) An award remitted under section 146 above, becomes void on failure of the
arbitrators to reconsider it within the time fixed by the Court.

(2) The parties may apply to have the award set aside on one of the following grounds:
(a) corruption or misconduct of one or more of the arbitrators;
(b) either party having been guilty of fraudulent concealment of any matter
which he or she ought to have disclosed, or of willfully misleading or
deceiving the arbitrators;
(c) the award having been made after the issue of an order by the Court
superseding the arbitration and proceeding with the suit, in accordance with
section 142(2) of this Act; or,
(d) the award having been made after the expiration of the period allowed by the
Court, or being otherwise invalid.

(4) Any application to set aside an award shall be made within ten days after the date on
which the parties were notified of the award.
Section 148. Superseding Arbitration and Proceeding with the Suit

Where an award becomes void under section 147(1) above, or is otherwise set aside under
section 147(2), the Court shall make an order superseding the arbitration, and in such case,
shall proceed with the suit.

Section 149. Judgement According to Award

Where the Court did not remit the award to the arbitrators for reconsideration or where the
time fixed by section 147(3) of this Act has expired and no application has been made to set
aside the award or an application having been made was refused, the Court shall proceed to
pronounce judgement in accordance with the award.

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Section 150. Order as to Cost of Arbitration

Where any question arises regarding the payment of arbitration cost, and the award contains
no provision concerning them, the Court shall make an order regarding such cost.

Section 151. Application to File Agreement to Refer to Arbitration

(1) Persons may agree in writing that any dispute between them shall be referred to
arbitration. In such a case, one or any of the parties to the agreement, may apply to
the Court having jurisdiction in the matter to which the agreement relates, to file the
agreement in the Court.

(2) The application to file the agreement in the Court shall be in writing and shall be
numbered and registered as a suit between one or more of the parties interested or
claiming to be interested as plaintiff or plaintiffs and any of them as defendants or
defendant, if the application has been presented by all the parties, if otherwise,
between the applicant as plaintiff and other parties as defendants.

(3) On such application being made, the Court shall direct notice thereof to be given to
all parties to the agreement other than the applicants, requiring such parties to show
cause, within the time specified in the notice, why the agreement should not be filed.

(4) Where no sufficient cause preventing the agreement from being filed is shown, the
Court shall order the agreement to be filed and shall make an order of reference to
the arbitrator or arbitrators appointed in accordance with the provisions of the
agreement or if there is no such provision and the parties cannot agree, the Court
shall appoint the arbitrators in the manner provided in section 139 of this Act.

Section 152. Stay of Suit Where There is an Agreement to Refer to Arbitration

(l) Where any party to any agreement to refer to arbitration or any person claiming
under him or her, institutes any suit against any party to the agreement, or any
person claiming under him or her, in respect of any matter agreed to be referred, any
party to such suit at the earliest possible opportunity and before the hearing has
started, may apply to the Court to stay the suit.

(2) If the Court is satisfied that there is no sufficient reason why the matter should not
be referred, in accordance with the agreement, to arbitration, and that the applicant
was, at the time when the suit was instituted and still remains, ready and willing to
do all things necessary to the proper conduct of the arbitration, it may make an order
staying the suit.

Section 153. Application of Foregoing Proceedings to Disputes not before the Court

40
 The provisions of sections 137 through150 of this Act, inclusive shall be applicable so far as
practicable to all proceedings under the order of reference in case of disputes not raised
before the Courts.

Section 154. Arbitration without the Intervention of the Court

(1) Where any matter has been referred to arbitration without the intervention of a Court
and an award has been made thereon, any person interested in the award may apply
to the Court having jurisdiction over the subject matter of the award, that the award
be filed in Court.

(2) The application shall be in writing and shall be numbered and registered as a suit
between the applicant as plaintiff and the other parties as defendants.

(3) The Court shall direct that notice to be given to the parties to the arbitration
requiring them to show cause why the award should not be filed and where the
Court is satisfied that there is no ground for objection to the award and that it is
valid according to the agreement of reference, the Court shall order the award to be
filed and shall proceed to pronounce judgement according to the award.

Chapter XX

Provisional Remedies

Section 155. Power to Arrest Defendant

(1) Where at any stage of hearing of any suit of the value of SP50 or more, the plaintiff
satisfies the Court by affidavit or otherwise of any one or more of the matters set
forth in subsection (2), below, the Court may, subject to the provisions of section
171 of this Act, issue a warrant for the arrest of the defendant and bring him or her
before the Court to show cause why he or she should not give security for his or her
appearance.

(2) The matters referred to in subsection (1) above are:

(a) the defendant, with intent to delay the plaintiff or to avoid any process of the
Court, or to obstruct or delay the execution of any decree that may be passed
against him or her:
(i) has absconded or left the local limits of jurisdiction of the Court;
(ii) is about to abscond or to leave the local limits of jurisdiction of the
Court; or,
(iii) has disposed of or removed from the local limits of jurisdiction of the
Court his or her property or any part thereof; or
(b) that the defendant is about to leave Southern Sudan in circumstances
affording reasonable probability that the plaintiff will or may thereby be
obstructed or delayed in the execution of any decree that may be passed

41
 against the defendant in the suit; provided that, the defendant shall not be
arrested if he or she pays to the officer entrusted with the execution of the
warrant any sum specified in the warrant as sufficient to satisfy the plaintiff's
claim; and such sum shall be held in deposit by the Court as a trust until the
suit is disposed of or until further order of the Court; provided also that, the
defendant shall not be arrested if he or she furnishes such security as the
Court which issued the warrant may direct.

Section 156. Order Against Defendant to Furnish Security to Answer Claim or to Appear

(l) Where the defendant fails to show such cause referred to in section 155 above, the
Court shall order him or her either to deposit in Court, money or other property
sufficient to answer the claim against him or her, or to furnish security for his or her
appearance at any time when called upon while the suit is pending and until
execution or satisfaction of any decree that may be passed against him or her in the
suit, and may make such order as it deems appropriate in regard to the sum which
might have been paid by the defendant under the provisions of section 155 above.

(2) A surety for such appearance of a defendant upon default of such appearance shall
be bound to pay any sum of money which the defendant may be ordered to pay in
the suit.

Section 157. Application by Surety for Discharge

(l) The surety for the appearance of the defendant may at any time apply to the Court in
which he or she became such surety to be discharged from his or her obligation.

(2) On such application being made, the Court shall summon the defendant to appear,
or, if it deems appropriate, may issue a warrant for his or her arrest in the first
instance.

(3) On the appearance of the defendant in pursuance of the summons or warrant or on

his or her voluntary surrender, the Court shall direct the surety to be discharged from
his or her obligation and shall call upon the defendant to find a new surety.

Section 158. Power of Attachment of Property

Where the defendant fails to comply with any order under sections 155 or 157 above, the
Court may, subject to the provisions of section 171 of this Act, either make an order
forbidding him or her to leave Southern Sudan or commit him or her to prison until decision
of the suit, or where a decree is passed against the defendant until the decree has been
satisfied; provided that, no person shall be imprisoned or have his or her liberty restricted
under this section in any suit for a period not exceeding three months; and the period shall
not exceed six weeks when the amount or value of the subject matter of the suit does not
exceed SP100; provided also that, no person shall be detained under this section after he or
she has complied with the order made under either section 155 or section 157 of this Act.

42
Section 159. Where Defendant may be Required to Furnish Security

(1) Where at any stage of a suit, the Court is satisfied by affidavit or otherwise that the
defendant, with intent to obstruct or delay the execution of any decree that may be
passed against him or her:
(a) is about to dispose of the whole or any part of his or her property or to
remove the same from the local limits of jurisdiction of the Court; or
(b) has quitted the local limits of jurisdiction of the Court leaving therein
property belonging to him or her,
the Court may require the defendant, within a time to be fixed by the Court, to
furnish security in such sum as may be specified in the order, or to produce and
place at the disposal of the Court when required, the said property or its value or
such portion thereof as may be sufficient to satisfy the decree, or to appear and show
cause why he or she should not furnish security.

(2) The plaintiff shall in his or her application, unless the Court otherwise directs,
specify the property required to be attached, where it is situated and the estimated
value thereof.

(3) The Court may also in the order direct the immediate attachment of the whole or any
part of the property specified in the application provisionally until the defendant has
furnished such security as is specified in the order or until the defendant has
appeared and shown cause why he or she should not furnish such security.

Section 160. Power of Attachment of Property

(l) Where the defendant fails to show cause why he or she should not furnish security,
or fails to furnish the security required within the time fixed by the Court, the Court
may order that the property specified in the application of the plaintiff or such
portion thereof as appears sufficient to satisfy any decree which may be passed in
the suit shall be attached.

(2) Where the defendant shows such cause or furnishes the required security and the
property specified in the application or any portion of it has been attached, the Court
shall order the attachment to be withdrawn.

Section 161. Claim by Third Party to Attached Property

If before judgement is passed any claim is made to the property attached, such claim shall
be investigated in the manner herein provided for the investigation of claims to property
attached in execution of a decree.

Section 162. Removal of Order of Attachment

43
 Where an order is made for attachment before judgement, the Court shall order the
attachment to be withdrawn when the defendant furnishes the security required together
with security for the costs of the attachment or when the suit is dismissed.

Section 163. Attachment not to Affect Rights of Third Party nor Prevent the Property from
being Sold in Execution

Attachment before judgement shall not affect the rights of third parties existing prior to the
attachment of persons who are not parties to the suit, nor prevent the property from being
sold in execution of any decree against the defendant whether such decree has been
obtained in a suit instituted either before or after the attachment.

Section 164. Manner of Making Order of Attachment

Except as otherwise expressly provided in this Act, the attachment shall be made in the
manner provided for the attachment in execution of a decree.

Section 165. Order Against the Damage or Alienation of Property in Dispute

Where at any stage of a suit it is proved by affidavit or otherwise that any property in
dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit,
the Court may, by order, grant temporary injunction to restrain such act or make such other
order as it deems appropriate for the purpose of staying and preventing the wasting,
damaging or alienation of the property until the disposal of the suit or until further order.

Section 166. Injunction Against Breach of Contract or other Injury

At any stage in a suit for restraining the defendant from committing a breach of contract or
other injury, the Court may, upon the application of the plaintiff by order grant such
temporary injunction as it deems appropriate to restrain the defendant from committing the
breach of contract or injury of a like kind arising out of the same contract or relating to the
same property or right.

Section 167. Notice to the Opposing Party

The Court shall in all cases, before granting an injunction, direct notice of the application
for it to be given to the opposing party. This section shall not apply in those cases where it
appears that the objection against granting the injunction would be defeated by delay.

Section 168. Order for Injunction may be Discharged, Varied or Set Aside

Any order for an injunction may be discharged, varied or set aside by the Court on
application by any party dissatisfied with or negatively affected by such order.

Section 169. Injunction to a Corporation

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 An injunction directed to a corporation is binding not only on the corporation itself, but also
on all directors, members and officers of the corporation whose personal action it seeks to
restrain.

Section 170. Appointment of Receiver

Whenever it appears to the Court that it is necessary for the realization, preservation,
protection or management of any property, movable or immovable, which is the subject
matter of a suit and under attachment, the Court may by order appoint a receiver for such
property and may pay such receiver a fee or commission, and entrust him or her with the
powers of a receiver, subject to such conditions as the Court deems appropriate.

Section 171. Conditions Subject to which Orders are Made

(l) The Court may direct that no warrant of arrest shall be issued under section 155 of
this Act unless and until the plaintiff pays to the Court such sum as the Court thinks
sufficient to cover the cost of arresting the defendant and bringing him or her before
the Court.

(2) No order shall be made by the Court under section 155 of this Act unless and until
the plaintiff pays into Court such sum as the Court thinks sufficient for the
subsistence of the defendant during the period of his or her detention.

(3) Any order made under any of the sections of this Chapter may be made upon such
terms as to keeping an account, giving security or otherwise, as regards the person in
whose favour it is made as the Court deems appropriate.

Section 172. Compensation for Obtaining Warrant of Arrest, Attachment or Injunction on

Insufficient Grounds

(l) In any suit in which a warrant of arrest or order of attachment has been effected, or a
temporary injunction has been granted, the defendant may apply to the Court and the
Court may upon such application award by its order against the plaintiff such
amount not exceeding SP100 or as it deems a reasonable compensation to the
defendant, for the expenses or injury caused to him or her as a result of the arrest or
attachment; provided that, a Court shall not award under this section an amount
exceeding the limits of its pecuniary jurisdiction.

(2) The Court may award compensation under this section, if and when it appears to the
Court that:
(a) such arrest, attachment or injunction was applied for on insufficient grounds;
or,
(b) the suit of the plaintiff fails, and there was no reasonable or probable grounds
for initiating it.

45
 (3) An order determining any such application shall bar any suit for compensation in
respect of such arrest, attachment or injunction.

Chapter XXI

Right of Objection

Section 173. Right to Objection Against a Decree or Order

No right of objection against a decree or order shall lie except with the party against whom
such decree or order is passed. The right to object does not lie with any party who accepted
the decree or order, or whose claim has been fully granted.

Section 174. Where no Right of Objection Exists

No right of objection exists against an interlocutory order before final judgement except in
the following cases:
(1) an order from which an appeal is expressly allowed by law;
(2) an order staying or suspending the suit;
(3) assumption of jurisdiction;
(4) an order capable of instantaneous execution;
(5) an order superseding an order of reference where the arbitration award has
not been complied with within the time allowed by Court;
(6) an order on an award stated in the form of a request of the opinion of the
Court;
(7) an order modifying or correcting an award;
(8) an order filing or refusing to file an agreement to refer to arbitration;
(9) an order staying or refusing to stay a suit where there is an agreement to refer
to arbitration; and,
(10) an order refusing to set aside the arbitration or to remit it to the arbitrators.

Section 175. Time for Objection

(1) Time for objection commences from the date of the communication of the
judgement or order to the parties unless otherwise provided by law.

(2) Nevertheless the time for objection commences from the date of pronouncement of
the judgement where the person against whom the decree has been passed was
present in Court when the judgement was pronounced or was summoned to attend
and he or she failed to do so.

Section 176. Effect of Failure to Observe Time

46
 Failure to observe the time for the submission of an objection shall result in the loss of the
right thereto, and the Court on its own motion, may pass an order accordingly.

Section 177. Effect of Objection

(1) An objection is operative only in favour of or against the parties to the decree;
provided that, where a decree is in respect of an indivisible interest or a joint
obligation or in respect of a suit in which the law necessitates the joinder of certain
persons, any person against whom a decree is passed and who fails to object within
the time prescribed or otherwise accepts the decree, may object to the decree while
an objection submitted by any other party affected by the decree is pending, within
the prescribed time by joining with the objector in his or her claim.

(2) If such person referred to in subsection (1) above, fails to apply to be joined, the
Court shall order the objector to join him or her as a party to the objection.

(3) Where the objection is directed against one of several decree-holders and was made
in time the others shall be joined even though the time for objection has expired.

Section 178. Stay of Execution

The Court to which an objection is submitted may, on the application of any interested
party, order the stay of execution of the decree or order if it is satisfied that substantial loss
may result there from or for any other reason as the Court may think fit. The Court may
make an order of stay pending the final disposal of the application to stay execution.

Section 179. Protection of the Rights of Parties

The Court staying execution under section 178, above, may order security to be furnished or
make any other order as it deems fit for the protection of the interests of the decree-holder.
Where the Court refuses to stay execution it may make such order as it deems necessary for
the protection of the interests of the judgement debtor.

Section 180. Modifying or Setting Aside a Decree

(1) The Court to which an objection is submitted shall not set aside or modify a decree
unless due notice of the objection and opportunity to answer orally or in writing is
given to the other party.

(2) No decree or order on objection shall be reversed or varied nor, in any case, be sent
back for retrial on account of any misjoinder of parties or causes of action or any
error, defect or irregularity in any proceedings in the suit unless it affects the merits
of the case or the jurisdiction of the Court.

Section 181. Where Objection Considered Submitted

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 An objection is considered submitted on the date when fees are paid or on the date of the
presentation of the memorandum where the objector is excused from payment of fees by
law or order of the Court.

Section 182. Memorandum of Objection and its Content

(1) Every objection shall be drawn up and submitted to the Court in the form of a
memorandum, and shall include, in addition to the general contents of the plaint, the
order or decree objected to, the date of the order or decree, the grounds on which the
objection is based and the applicant's claim.

(2) The memorandum shall be accompanied by a copy of the order or decree against
which the objection is raised.

(3) The memorandum may be submitted to the Court which passed the order or decree
against which the objection is raised, and the Court shall then send to the appellate
Court the memorandum, the record of the suit and any document showing that, the
prescribed fees have been paid.

Section 183. Judge not to Participate in Objection Against his or her own Judgement

The Judge, who passed or participated in passing the judgement against which an objection
is raised, shall not hear or participate in hearing the objection.

Section 184. Summary Dismissal of Objections

The Court before which an objection is raised, after perusal of the record, may summarily
dismiss the objection without hearing the party against whom the objection is raised, if in its
opinion the objection is without merit.

Section 185. Contents of Judgement and Decree

(1) The judgement shall include the reasons on which it is based and shall also contain
the following additional information:
(a) the points for determination;
(b) the decision thereon;
(c) the reasons for the decision; and,
(d) where the decree is amended or set aside, the relief granted-to the party
raising the objection.

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 (2) The decree shall bear the same date as the judgement and shall contain the number
of the suit, the names of the parties, the decision, costs and by whom payable, and
shall be signed by the judge or President of the Court.

Section 186. New Claims

No new claims may be allowed on the objection, but may be rejected by the Court on its
own motion.

Section 187. Judgement on Objection

The judgement shall be pronounced in an open Court to which the parties shall be
summoned and it may also be communicated to the parties in writing.

Chapter XXII

Appeals

Section 188. Appeals

(1) Appeals against judgements of a Payam Court shall lie with a County Court of the
First Grade Judge. Appeals against judgements of a County Court of the First or
Second Grade Judge shall lie with the High Court.

(2) Appeals against judgements of a High Court Judge shall lie with the Court of
Appeal.

(3) Appeals against judgements of a Court of Appeal shall lie with the Supreme Court.

Section 189. Cross Subsidiary Appeal

(1) The respondent may, at any stage before final judgement, submit a cross subsidiary
appeal in the manner prescribed herein for presenting appeals, or by a memorandum
containing the grounds thereof.

(2) Where the original appeal has been withdrawn or dismissed, the Court may proceed
to hear and determine the cross subsidiary appeal after serving notice on the original
appellant.

(3) Where the respondent has accepted the judgement appealed against, before the
appeal was submitted or where the time for appeal has lapsed, such cross subsidiary
appeal shall be deemed as a cross subsidiary appeal incidental to the original appeal
and shall lapse with it.

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Section 190. Time for Appeal

An appeal shall be submitted within fifteen days from the date of the commencement of the
time for objection specified in section 175 of this Act.

Section 191. Grounds which may be Asserted on Appeal

(1) The appellant shall not, except by leave of the Court, assert any ground of objection
not set forth in the memorandum of appeal; provided that, the Court in deciding the
appeal shall not be confined to the grounds of objection set forth in the
memorandum or taken by leave of the Court.

(2) Where the Court passes its verdict in favour of the appellant on any grounds not
asserted in the memorandum, it shall give notice to the respondent and allow him or
her to contest such grounds.

Section 192. Reversal of Decree on a Ground Common to all the Parties

Where there are more than one plaintiff or more than one defendant in a suit, and the decree
appealed against proceeds on any ground common to each of the plaintiffs or to each of the
defendants, subsequently any one of the plaintiffs or any one of the defendants may appeal
against the whole decree, and thereupon the Court may reverse or vary the whole decree, in
favour of each of the plaintiffs or defendants, as the case may be.

Section 193. Hearing of Appeal

(1) If the appeal is not summarily dismissed under section 184 of this Act, the Court
may decide the appeal on written submissions and the parties are not entitled to
address the Court in person or by counsel except with the leave of the Court.

(2) If the appeal is not decided on written submissions, the Court shall fix a day for
hearing to which the parties shall be summoned.

(3) On the day fixed for hearing, the appellant shall be heard in support of the appeal
and the respondent shall be heard in reply, and in such a case the appellant shall be
entitled to reply.

Section 194. Failure to Appear by Appellant or Respondent

(1) Where on the day fixed for hearing, the appellant does not appear, the Court may
make an order that the appeal be dismissed.

(2) Where the appellant appears but the respondent does not, the appeal shall be heard
in the respondent’s absence.

Section 195. Re-admission or Re-hearing of Appeal

50
 (1) Where an appeal is dismissed under section 194(1) above, the appellant may apply
to the Court for re-admission of the appeal; and where it is proven that he or she was
prevented by a sufficient cause from appearing on the date fixed, the Court shall re-
admit the appeal on such terms as to costs or as it deems appropriate.

(2) Where the appeal is heard in the absence of the respondent under section 194(2)
above, and judgement is pronounced against him or her, he or she may apply to the
Court to re-hear the appeal; and where it is proven that he or she was prevented by
any sufficient cause from appearing, the Court shall re-hear the appeal on such terms
as to costs or as it deems appropriate.

Section 196. Court may Direct Interested Party to be made Respondent

Where it appears to the Court at the hearing that any person who was a party to the suit in
the Court from whose decree the appeal was submitted but who has not been made a party
to the appeal is interested in the result of the appeal, the Court may adjourn the hearing and
direct that such person be made a respondent.

Section 197. Where the Court may Frame the Issues and Refer them for Re-trial

(1) Where the Court against whose decree the appeal is submitted has omitted to frame
or retry any issue or to determine any point of fact which appears to the Court
essential to the right decision of the suit, the Court may, if necessary, frame issues
and refer them for retrial by the Court against whose decree the appeal is submitted
and in such case shall direct such Court to take such additional evidence required.

(2) The Court to whom the new issues have been referred for retrial, shall proceed to
retry such issues and shall return them to the appellate Court, accompanied with
minutes of hearing, its decision and reasons thereof.

Section 198. Objection to Findings

(1) Such evidence and findings as are referred to in section 196 of this Act, shall form
part of the record of the suit, and either party may within a time to be fixed by the
Court, present a memorandum of objection to any findings.

(2) After the expiration of the period so fixed for presenting such memorandum, the
Court shall proceed to determine the appeal.

Section 199. Production of New Evidence

Generally, the parties to an appeal shall not be entitled to produce new evidence, but the
Court may allow the production of new evidence in the following cases.
(a) where the Court from whose decree the appeal is referred has refused to
admit evidence which ought to have been admitted; and,

51
 (b) where the Court to which the appeal is referred requires any evidence to be
produced to enable it to pronounce judgement or for any other reasonable
cause.

Section 200. Mode of Taking New Evidence

Where new evidence is allowed to be produced pursuant to section 199 above, the appellate
Court may either take such evidence or direct any other Court to take it.

Section 201. Powers of Appellate Court

The appellate Court shall have the following powers:

(a) to confirm, amend, or set aside the decree appealed against;
(b) to pass a new judgement;
(c) to send back the case for retrial;
(d) to frame issues and refer them for retrial;
(e) to resettle the issues and, if it is of the opinion that the evidence on the record
is sufficient to enable it to pronounce judgement, to determine the suit; and,
(f) to take additional evidence or to require such evidence to be taken.

Section 202. Application of the Provisions of this Chapter

The provisions of this Chapter shall apply to appeals submitted to the Supreme Court, Court
of Appeal, the High Court and the CountyCourt Judge of the First Grade.

Chapter XXIII

Cassation

Section 203. Cases of Objection by way of Cassation

(1) Parties may object before the Supreme Court against judgements made by the Court
of Appeal in the following cases:
(a) where the judgement objected against is based upon inconsistency with the
law or a mistake as to its application or interpretation;
(b) where the judgement has been affected by the occurrence of an invalidity in
the judgement or procedure;

(2) Objection relating to the ownership of immovable property, shall lie before the
Supreme Court.

(3) The Court shall cause notice of the objection to be served on all the parties to the
suit who were not originally joined in the objection.

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Section 204. Determination of Objection

The Court shall determine the objection upon the record; provided that, the Court may give
leave to the parties to the supplementary submissions in support of or in reply to the
objection or may summon them to make statements or give explanations.

Section 205. Grounds which may not be Argued on Cassation

No party shall assert, or be heard in support of, any grounds not set forth in the
memorandum; provided that, grounds of public policy may be urged at any stage by a party
or the Court on its own motion.

Section 206. Judgement of the Supreme Court

(1) Where the objection is allowed the Court may:

(a) set aside the decree;
(b) modify the decree;
(c) render a new judgement; or
(d) return the suit to the Court which passed the decree objected to or to the trial
Court, for retrial.

(2) Where the decree is in conformity with the law, the Court shall reject the objection.

Section 207. Review of Judgements

Judgements of the Supreme Court shall be subject to review once by the same court.

Chapter XXIV

Review of Final Judgement

Section 208. Application of the Provisions of this Chapter

53
 The provisions of this Chapter shall not apply to Payam Courts, County Courts, High
Courts or Courts of Appeal.

Section 209. Grounds for Review

The parties to a suit may apply for the review of final judgement on any of the following
grounds:
(a) if the judgement is affected by the fraud of the other party;
(b) on the discovery of new and important evidence which affects the result of
the judgement which, despite the exercise of due diligence, was not within
the knowledge of or could not be produced by the applicant prior to the
pronouncement of judgement;
(c) on account of an error or mistake apparent on the face of the record; and,
(d) for any other sufficient reason.

Section 210. Time for Review

An application for review shall be made within thirty days from the date of the
pronouncement of the judgement, provided that, in the case provided for by section 209(a)
above, time shall run from the date of discovery of such fraud.

Section 211. Form of Application

The application for review shall be in writing and submitted to the Court and shall set forth,
in addition to the particulars required in the plaint, the decree, its date, and the grounds for
the application.

Section 212. Disposal of the Application

The Court in considering the application for review may:

(a) dismiss the application summarily; or
(b) dispose of the application on written submissions or after a hearing on a date
fixed and notified to the parties.

Chapter XXV

Correction
Section 213. Form and Extent of Correction

54
 (1) The Court may on its own motion, or on the application of any party, correct any
clerical or arithmetical mistake.

(2) The Court shall notify the parties of the intended corrections if it deems it necessary
and shall hear the party who appears.

(3) Corrections made shall be set in the margin to the judgement and notified to the
party who did not appear.

Section 214. Objection Against Correction

(1) Any correction is subject to objection independently by any one of the ways of
objection available against the decree itself in a case where the Court exceeds its
powers of correction.

(2) A decision refusing to make such corrections is not subject to such objection
independently.

Chapter XXVI

Execution of Decrees

Section 215. Application of the Provisions on Decrees

The provisions of this Chapter shall not apply to Payam Courts, but the President of the
Supreme Court may provide otherwise in the warrant of establishment of any of the Payam
Courts.

Section 216. Application for Execution

(1) Decrees shall be executed on the application of the decree holders to the Court
which passed the decree and the application shall contain the following particulars:
(a) the number of the suit;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any payment or other adjustment of the matter in controversy has
been made between the parties subsequent to the decree;
(e) sufficient particulars of the subject-matter of the execution;
(f) the name of the person against whom execution of the decree is sought; and,
(g) the mode in which it is sought to execute the decree.

(2) If the decree is for the delivery of specific property or where the application is for
the attachment and sale of movable or immovable property, the application shall
contain a description of the property sufficient to identify it, its place and the person

55
 in possession of it and if the property is immovable, an official certificate of
registration.

Section 217. Satisfying Requirements and Admission of Application

(1) If an application is not drawn up in accordance with section 216, above, the Court
may, there and then and with the assistance of the applicant amend it or order its
amendment within a fixed time. If the applicant fails to amend it within the time
fixed it shall be considered a nullity.

(2) Where the application is admitted, the Court shall itself execute the decree or send it
for execution by any other Court in accordance with the provisions contained herein.

Section 218. Notice to the Judgement Debtor

(1) The Court, on application, shall proceed with the execution without giving notice to
the judgement debtor except in the following cases:
(a) where the application for execution is made more than six months after the
date of the decree or last measure taken in the execution; or
(b) where the execution is sought against the heirs or the legal representative of
the judgement debtor.

(2) The notice referred to in subsection (1) above, shall require the person against whom
the execution is sought to show cause on a date to be fixed by the Court why the
decree should not be executed against him or her.

(3) Notwithstanding the provisions of subsection (1) above, the Court may issue any
process in execution without notice if it is satisfied that the issue of such notice
would cause unreasonable delay or defeat the ends of justice.

Section 219. Procedure where a decree is Sent to Another Court for Execution

Where a Court sends a decree for execution to another Court, it shall send the following to
that Court:
(a) a copy of the decree;
(b) a certificate setting forth the part of the decree which still remains unsatisfied
and requires execution; and,
(c) all necessary particulars and documents.

Section 220. Acceptance of Copies without Proof

The Court to which a decree is sent shall accept such copy and certificate without any
further proof of the decree or order for execution, unless the Court, for any special reasons
to be recorded, requires such proof.

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Section 221. Result of Execution to be Communicated to the Competent Court

The Court to which a decree is sent for execution shall notify the Court which passed it, of
the steps taken in the execution and in case of failure the reasons thereof.

Section 222. Enforcement of Liability of Surety

(1) Where any person has become liable as a surety the decree or order may be executed
against him or her, to the extent to which he or she has been rendered personally
liable, in the manner herein provided for the execution of decrees, such person shall,
for the purpose of appeal, be deemed a party to the execution; provided that,
sufficient notice has been given to the surety.

(2) Surety responsibilities may include:

(a) the execution of any decree or part thereof;
(b) the institution of any property taken in execution of a decree;
(c) the payment of any money, or,
(d) the fulfillment of any condition imposed on any person, under an order of the
Court in any suit or in any proceeding consequent thereto.

Section 223. Execution of Decrees Against GoSS Institutions

(1) Where the decree is against a GoSS Institution or a public servant in respect of any
such act as aforesaid in section 33(2) of this Act, a period shall be specified in the
decree within which it shall be satisfied and if the decree remained unsatisfied, at the
expiration of such period the Court shall report the case to the President of the
Supreme Court.

(2) Execution shall not be issued on any such decree unless it remained unsatisfied for a
period of three months from the date of such report.

Section 224. Order of the Court in Execution

Where the conditions prescribed by law are satisfied, the Court shall order the execution of
the decree by any of the following ways:
(a) by delivery of any property specifically decreed;
(b) by attachment and sale of any property;
(c) by arrest and detention in prison of the judgement debtor pending execution
of the decree;
(d) by appointing a receiver; or,
(e) in such other manner as the nature of the relief granted may require.

Section 225. Payment into Court of the Judgement Debt

(l) Any person whose property has been attached in execution, may apply at any stage
of the proceedings before sale, for permission to deposit in Court a sum equal to the

57
 judgement debt, interest and costs for the satisfaction thereof and on such deposit the
property attached shall be released and the attachment transferred to the sum
deposited.

(2) Any subsequent attachment shall not affect the rights of the creditors in whose
favour the deposit was made.

Section 226. Execution to Start with Movables

Execution shall first proceed against the movable property of the judgement debtor and
shall not proceed against his or her immovable property unless the Court is satisfied that the
proceeds of the movable property shall not satisfy the judgement debt.

Section 227. Disputes Relating to Execution

(l.) The Court executing a decree shall be competent to determine all disputes relating to
the execution irrespective of the value and whether the dispute is between the parties
to the execution themselves or between such parties and other persons.

(2) Any dispute relating to the execution shall not stay execution unless the Court
otherwise directs.

Section 228. Stay of Execution

Subject to the provisions of sections 179 and 180 of this Act, and the limitations laid down
therein, the judgement debtor, if he or she has appealed against the decree or if the time of
appeal has not yet expired, may apply to the Court conducting the execution to stay the
execution of the decree for a reasonable period to enable him or her to obtain an order of
stay from the Court which passed the decree or from the Court hearing the appeal, as the
case may be.

Section 229. Death of Judgement Debtor

(1) Where a judgement debtor dies before a decree is fully satisfied, the holder of the
decree may apply to the Court which passed it to execute it against the legal heirs or
representative of the deceased.

(2) Where the decree is executed against such heir or representative, he or she shall be
liable only for the property of the deceased which has come into his or her hands and
has not been duly disposed of and for the purpose of ascertaining such liability, the
Court executing the decree may, of its own motion or on the application of the
decree holder, compel such legal heir or representative to produce such accounts as
it deems appropriate.

Section 230. Enforcement of Decree Against Legal Heir or Representative

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 (1) Where a decree is passed against a party as the legal heir or representative of a
deceased person, and the decree is for the payment of money out of the property of
the deceased, it may be executed by attachment and sale of any such property.

(3) Where no such property is in the possession of such legal representative and he or
she fails to satisfy the Court that he or she has duly applied such property of the
deceased as is proved to have come into his or her possession, the decree may be
executed against such legal representative to the extent of the property in respect of
which he or she has so failed to satisfy the Court in the same manner as if the decree
has been against him or her personally.

Section 231. Decree for Delivery of Specific Movable Property

Where the decree is for the delivery of a specific movable property, or for any share in a
specific movable property, it may be executed by the seizure, if practicable, of the movable
property or share, and by the delivery thereof to the party to whom it has been adjudged or
to such person as he or she appoints to receive delivery on his or her behalf, or by the
detention in prison of the judgement debtor, or by attachment of his or her property or by
both.

Section 232. Decree for Delivery of Immovable Property

(1) If in any suit, a decree is issued for the delivery of any immovable property, the
Court, unless in the special case it deems it unnecessary, shall appoint an official to
see that the boundaries of the property are marked out with permanent land marks at
the expense of the owner or owners. Further, the official shall deliver possession
thereof to the person to whom it has been adjudged or to such person as he or she
appoints to receive delivery on his or her behalf.

(2) If the immovable property is occupied by a tenant or other person entitled to occupy
it, who is not bound by the decree to relinquish such occupancy, a notice in writing
containing the substance of the decree in regard to the property shall be served upon
him or her if he or she can be found, and if he or she cannot be found a copy of the
said notice shall be posted on or near the said property.

Section 233. Decree for Specific Performance Injunction

(1) Where a decree orders any person to do any act other than the payment of money or
to abstain from doing anything, and the person had an opportunity to execute the
decree and has willfully failed to execute it, the decree may, save as otherwise
expressly provided in this Act, be enforced by the detention of such person in prison
or by the attachment of his or her property or by both.

59
 (2) Where the person against whom such decree as mentioned in subsection (1) above,
has been passed is a corporation, the decree may be enforced by the attachment of
the property of the corporation or by the detention in prison, of the directors or other
principal officers thereof, or by both attachment and detention.

(3) Where a decree for the specific performance of a contract or for an injunction has
not been executed, the Court may, in lieu of or in addition to any or all of the
processes aforesaid, direct that the act required to be done, be done so far as
practicable by the decree holder or some other person appointed by the Court, at the
cost of the judgement debtor, and upon the act being done, the expenses incurred
may be ascertained in such manner as the Court may direct and may be recovered as
if they were included in the decree.

Section 234. Order to Sell Attached Property

(1) Where any attachment under sections 230 or 232 of this Act has remained in force
for six months, and the judgement debtor has not executed the decree and the decree
holder has applied to have the attached property sold, such property may be sold,
and out of the proceeds the Court may award to the decree holder such
compensation as it deems appropriate, and shall pay the balance, if any, to the
judgement debtor.

(2) Where the judgement debtor has executed the decree and paid all costs of execution
which he or she is bound to pay, or where at the end of six months from the date of
the attachment no application to have the property sold has been made, or if made
has been refused, the attachment shall cease.

Section 235. Arrest and Detention in Prison of A Judgement debtor

(1) Where a decree for the payment of money remains wholly or in part unsatisfied, the
Court may upon the application of the decree holder, summon the judgement debtor
to be examined as to his or her ability to pay. The Court may for sufficient reasons
instead of issuing a summons issue a warrant for the arrest of the judgement debtor.

(2) The Court may commit the judgement debtor to prison where it appears to it by the
examination of the judgement debtor or other evidence that:
(a) the judgement debtor has refused or neglected to pay the amount of the
decree or some part thereof when he or she had the means to pay;
(b) he or she has, knowing himself or herself to be unable to pay his or her debts
in full, recklessly contracted debts or given an unfair preference to any of his
or her creditors; or
(c) he or she has transferred, concealed or removed any part of his or her
property after the date of the initiation of the suit, in bad faith, with the
object or effect of obstructing or delaying the decree holder in the execution
of the decree.

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Section 236. Period of Detention and Release

(1) Where a judgement debtor is committed to prison in execution of a decree, the order
of commitment shall state the period during which he or she is to be detained in
prison or shall state that he or she is to be detained until the decree is satisfied;
provided that, no person shall be so detained for a period exceeding six weeks if the
decree is for the payment of a sum of money not exceeding SP50 or its equivalent
and for a period not exceeding six months in any other case.

(2) Notwithstanding the provisions of subsection (1) above, the Court shall order the
release of a person so detained:
(a) on the amount mentioned in the order for his or her commitment being paid;
or
(b) on the decree against him or her being otherwise satisfied.

(3) A judgement debtor released under subsection (2) above, or on completion of the
terms stated in the order of commitment shall not, by reason of his or her release, be
discharged from his or her debt, but he or she shall not be liable to be re-arrested or
re-committed to prison in execution of the same decree unless a further sum of
money other than interest or costs that become payable under such decree after the
date on which he or she was released from prison.

Chapter XXVII

Attachment

Section 237. Attachment of Movable Property

(1) An order to attach the movable property of a judgement debtor shall be issued by the
Court conducting the execution, and the property seized shall be kept in such
custody as the Court may direct.

(2) Where the property to be attached consists of any share or interest of the judgement
debtor in movable property belonging to him or her and another as co-owners, the
attachment shall be made by notice to the judgement debtor prohibiting him or her
from transferring the share or interest or charging it in any way.

Section 238. Attachment of Part of Property

(1) Except as otherwise provided by this section, property belonging to a partnership

shall not be attached or sold in execution of a decree other than a decree passed
against the firm or against the partners in their capacities as partners.

(2) The Court may, on the application of the decree-holder against a partner, make an
order charging the interest of such partner in the partnership property and profits

61
 with payment of the amount due under the decree, and may, by the same or a
subsequent order, appoint a receiver of the share of such partner in the profits,
whether already declared or accruing and of any other money which may be coming
to him or her in respect of the partnership, and direct accounts and inquiries and
make an order for the sale of such interest or other orders as might have been
directed or made if a charge has been made in favour of the decree holder by such
partner, or as the circumstances of the case may require.

(3) The other partner or partners shall be at liberty at any time to redeem the interest
charged or, in the case of a sale being directed, to purchase it.

(4) Every application for an order under subsection (2) above, shall be served on the
judgement debtor and on his or her partners who are within Southern Sudan.

(5) Every application made by any partner of the judgement debtor under the provisions
of this section shall be served on the judgement debtor, and on the other partners
who did not join the application and are within Southern Sudan.

Section 239. Attachment of Property not in the Possession of Judgement Debtor

(1) Where the property to be attached is a debt not secured by a negotiable instrument; a
share in the capital of a corporation; or other movable property not in the possession
of judgement debtor, except property deposited in or in the custody of any Court, the
attachment shall be made by a written order prohibiting the following:
(a) in the case of the debt, the creditor from recovering the debt and the debtor
from making payment thereof, until further order of the Court;
(b) in the case of a share of stock, the person in whose name the share may be
held from transferring it or receiving any dividend thereon;
(c) in the case of the other movable property, except as aforesaid, the person in
possession of it from disposing of it until further order of the Court.

(2) A copy of such order shall be sent in the case of the debt, to the debtor, in the case of
the share, to the appropriate officer of the corporation, and in the case of any other
movable property except as aforesaid, to the person in possession of it.

(3) A debtor prohibited under subsection (1) above, may pay the amount of his or her
debt into Court, and such payment shall discharge him or her as effectually as
payment to the party entitled to receive it.

Section 240. Property Liable to Attachment and Sale

(1) The following properties are liable to attachment and sale in execution of a decree
namely: lands, houses or other buildings, goods, money, bank notes, cheques, Acts
of exchange, promissory notes, government securities, bonds or other securities for
money, debts, shares in a corporation and, except as hereinafter mentioned, all other
saleable property, movable or immovable, belonging to the judgement debtor, or

62
 over which, or the profits of which, he or she has a power of disposal which he or
she may exercise for his or her own benefit, whether the same be held in the name of
the judgement debtor or by another person in trust for him or her or on his or her
behalf.

(2) The following things shall not be liable to such attachment or sale:
(a) the necessary wearing apparel, cooking utensils, beds, beddings, food stuffs
necessary for one month's feeding of the judgement debtor, the judgement
debtor’s spouse and children and his or her relatives whether by blood or
marriage who are legally dependent on and resident with the judgement
debtor;
(b) such tools, implements and stock of the judgement debtor's trade or calling
which, in the opinion of the Court are necessary to enable him or her to earn
his or her livelihood, unless the attachment is for the satisfaction of the price
of the same or their maintenance;
(c) books of account;
(d) a mere right to sue for damages;
(e) any right of personal service;
(f) the wages of labourers and domestic servants whether payable in money or
in kind;
(g) a right to further maintenance;
(h) any pay, salary, allowance, sum of money or any thing expressly exempted
from liability to attachment or sale by any enactment for the time being in
force, save as provided by such enactment;
(i) the installations, machinery or other instrument specified or meant for the
use of public utilities is undertaken by the management itself or entrusted to
any person natural or corporate.

Section 241. Attachments by More than one Court

(1) Where property, not in the custody of any Court, is under decrees of attachment
from more than one Court, the Court of the highest grade or, where there is no
difference in grade, the Court by whose decree the property was first attached shall
receive or realize such property and shall determine any claim thereto and any
objection to the attachment thereof.

(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a
Court under this section for the execution of any one of such decrees.

Section 242. Warrant of Attachment

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 (1) The warrant of attachment shall contain, in addition to the general information as to
the names of the parties, their description, and place of residence, the following
particulars:
(a) the place where the attachment was made and the action taken and the
difficulties and opposition encountered by the bailiff and the steps taken to
overcome such difficulties; and,
(b) a detailed inventory of the property attached, its kind, description, quantity or
weight or measure, and a statement of its approximate value.

(2) The warrant shall be signed by the bailiff and the person in whose possession the
property was attached if he or she was present.

(3) The valuation of precious articles such as gold, silver, jewels, and precious stones
shall be undertaken by an expert appointed by the Court.

Section 243. Restriction on Attachment

No attachment shall be carried out in the presence of the person applying for execution
except in cases of necessity and by permission of the Court.

Section 244. Breaking Open of Locks and Doors

The bailiff shall not break open any lock or door for the purpose of attachment except in the
presence of a policeman or policewoman the Chief who shall sign the warrant.

Section 245. Attachment of Growing Crops

(1) Where the property to be attached is a growing crop the attachment shall be made in
the manner provided by this section.

(2) Subject to such conditions as may be imposed by the Court either in the order of
attachment or in any subsequent order, the judgement debtor may tend, cut, gather
and store the produce and do any other act necessary for maturing or preserving it.

(3) In the event that the judgement debtor fails to do all or any of such acts, the decree
holder may, with the permission of the Court and subject to the like conditions, may
do all or any of them, or appoint a person to do so on his or her behalf.

(4) The costs incurred by the decree holder in connection with the undertaking of
activities as provided for in section 250(2) of this Act, shall be recoverable from the
judgement debtor as if they were included in and formed part of the decree.

(5) Agricultural produce attached as a growing crop shall not be deemed to have ceased
to be under attachment merely because it has been severed from the soil.
Section 246. Attachment of Movable Property

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 Where the property attached is a movable property, the bailiff shall specify in the record its
description and value and deposit the same in Court within 24 hours at most from the time
of attachment.

Section 247. Attachment of Immovable Property

(1) Attachment of immovable property shall be made by an order of a competent Court,

on the application of the decree holder, prohibiting the judgement debtor from
transferring or charging the property in any way, and all persons from receiving it
from him or her by purchase, gift or otherwise.

(2) A copy of the order shall be fixed up in a conspicuous place on or near the property
and on the Court notice board.

Section 248. Content of Warrant of Attachment of Immovable Property

The warrant for the attachment of immovable property shall contain in addition to general
information as to the names of the parties, description and place of residence, the following
particulars:
(a) the amount of the execution debt;
(b) a detailed description of the immovable property, and its position, area, and
boundaries;
(c) notice to the judgement debtor to the effect that unless he or she pays the
execution debt, the property shall be sold in satisfaction thereof.

Section 249. Registration of Warrant

A warrant of attachment of immovable property shall be registered in the Office of the

Registrar of Lands.

Section 250. Custody of Attached Property

(1) Where the judgement debtor is present, he or she shall be appointed a custodian of
such property unless there are reasonable grounds to be recorded in writing, for
apprehension that the property will be wasted and in such a case, the Court will
appoint any other person or make any such orders as it deems appropriate for the
custody of the property.

(2) Where the custodian is not the judgement debtor or the person in possession of the
property, he or she shall be entitled to such remuneration as is fixed by the Court.

Section 251. Restrictions on Property Attachment

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 (1) Where an attachment has been made, any transfer or delivery of the property
attached or of any interest therein and any payment to the judgement debtor of any
debt, dividend or other funds contrary to such attachment, shall be void as against all
claims enforceable under the attachment.

(2) For the purpose of subsection (1) above, claims enforceable under an attachment
order include claims for the ratable distribution of assets.

Chapter XXVIII

Sale of Attached Movable Property

Section 252. Order for Sale

(1) An order for the sale of the attached movable property shall be issued by the Court
conducting the execution on the application of the judgement creditor.

(2) The judgement debtor shall be given notice of the order and the place of sale.

Section 253. Conduct of Sale

Sale in execution of a decree shall be made by public auction and shall be conducted by the
bailiff or by any other person whom the Court may appoint and the immediate payment of
the price shall be a condition of such sale.

Section 254. Restriction on Bidding

No official or other person having any duty to perform in connection with any sale shall bid
for the property being sold.

Section 255. Notice of Sale

Any sale of property in an execution shall be preceded by notice. Such notice shall contain
the following particulars:
(a) the time and place of sale;
(b) the property to be sold;
(c) the amount for the recovery of which the sale is ordered; and,
(d) any other thing which the Court considers material for the proper evaluation
of the property offered for sale.

Section 256. Advertisement of Sale

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 (1) An advertisement of a sale shall be made by posting a copy of the notice of sale on
the spot where the property offered for sale is kept and on the notice board of the
Court.

(2) The Court may order the posting up of notices in the market area and other public
places and the publication thereof in the press.

Section 257. Time and Place of Sale

(1) The sale shall take place on the spot where the attached property is kept or in the
nearest market or at any place to be decided by the Court, on the application of the
interested parties.

(2) No sale shall take place before the expiry of at least fifteen days from the date of the
posting up or publication of the notice of sale; provided that, the Court may order an
earlier sale if the judgement debtor consents or where the property offered for sale is
perishable or liable to fluctuation of price.

Section 258. Adjournment of Sale

(1) The Court may adjourn any sale and the official conducting the sale may adjourn
such a sale for a reason to be recorded and he or she shall in such event present the
matter to the Court to make such order as it deems appropriate.

(2) Where a sale is adjourned for a longer period than one month a new notice shall be
posted up or published.

Section 259. Resale

(1) Where the person to whom the property is sold fails to pay the price forthwith, the
property shall be resold at his or her peril at any price and in the manner provided in
this Chapter and the record of sale shall have the force of a Court decree with
respect to the deficiency in price and the cost of resale.

(2) The deficiency in price and cost of resale shall be recoverable from the defaulting
purchaser at the instance of either the judgement creditor or judgement debtor in
accordance with the provisions of this Chapter.

Section 260. Bidding by Decree Holder

(1) The decree holder shall not bid for nor purchase the property without the permission
of the Court.

(2) Where no reasonable bid is made at the auction the Court shall inform the decree
holder and ask him or her to make an offer.

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 (3) If the decree holder makes a reasonable offer, the Court shall order the property to
be put up for sale again. If no higher bid is received, the property, subject to the
approval of the Court, shall be knocked down to the decree holder at his or her offer.

(4) Where a decree holder purchases the property without such permission, the Court
may, on the application of any interested party, by order, set aside the sale, and the
costs, expenses and any deficiency in price on resale shall be paid by the decree
holder.

Section 261. Stoppage of Sale

The bailiff shall stop the sale in any of the following cases:
(a) if the judgement debtor pays the amount and costs for which the sale is
ordered;
(b) if the bailiff is satisfied that such amount has been deposited in Court; and,
(c) if the sale realizes an amount sufficient to satisfy the judgement debt.

Section 262. Record of Sale

The bailiff shall prepare a record which shall show the procedure followed and the
difficulties encountered in the conduct of the sale. It shall also specify the name of the
purchaser, price and the mode of payment, and the presence or absence of the judgement
debtor at the place of sale.

Section 263. Sale of Shares and Other Stocks

Shares and other stocks shall be sold through a bank or a stockbroker or by such other mode
as the Court deems appropriate.

Chapter XXIX

Sale of Attached Immovable Property

Section 264. Warrant of Sale

(1) The warrant for the sale of an attached immovable property shall be issued by the
Court conducting the execution on the application of the judgement creditor.

(2) Notice of the order of sale and of the time and place of sale shall be given to the
judgement debtor, the person in possession of the attached property and to all
holders of registered charges.

Section 265. Content of Warrant of Sale

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 Warrant of sale shall contain, in addition to the general information in respect of the names,
descriptions and place of residence of the parties, the following particulars:
(a) a detailed description of the immovable property to be sold;
(b) the amount for the recovery of which the sale is ordered;
(c) the conditions of the sale and the reserve price;
(d) the rates and taxes due and the encumbrances to which the property is liable;
(e) the time and place of sale; and,
(f) any other particulars which the Court considers material.

Section 266. Advertisement of Sale

(1) Any sale shall be advertised by posting copies of the warrant of sale in a
conspicuous place of the immovable property or a place nearby and on the Court
notice board and in such other public places as the Court may direct.

(2) The sale may be published in the press on the application of the interested parties.

Section 267. Time of Sale

No sale of immovable property shall take place until the expiry of at least thirty days from
the date of the publication of the notice of sale except with a written consent of the
judgement debtor.

Section 268. Place of Sale

The Court shall exercise its discretion as to the place of sale with a view to obtaining the
best price.

Section 269. Adjournment of Sale

The Court may for sufficient reasons and on the application of any interested party adjourn
the sale.

Section 270. Postponement of Sale

(1) The Court may, in the circumstances specified hereunder and on the application of
the judgement debtor, postpone the sale for such period as it deems appropriate to
enable him or her to raise the amount for the recovery of which the sale was ordered:
(a) if the Court is satisfied that the net income from the property offered for sale
in one year is sufficient to satisfy all the claims of the parties to the
execution;
(b) if the Court is satisfied that the judgement debtor can raise an amount
sufficient to satisfy the claims of the parties to the execution referred to in
subparagraph (a) above, by the mortgage of the property or part thereof; such
a mortgage shall require a certificate from the Court authorizing the
judgement debtor to mortgage the property and to deposit the proceeds in its

69
 custody and shall not become absolute until it has been confirmed by the
Court; and,
(c) if the Court is satisfied that the judgement debtor can raise the amount of the
execution debt by the private sale of such property; such sale shall require a
certificate from the Court authorizing the sale and deposit of the proceeds in
its custody and shall not become absolute until it has been confirmed by the
Court.

(2) The Court shall fix the date on which the sale shall take place in case of failure to
raise the amount required, taking into consideration the time necessary to enable the
judgement debtor to raise the amount.

Section 271. Auction

The auction begins on the declaration of the reserve price and costs by the bailiff or the
person appointed by the Court for that purpose.

Section 272. When no Bids Received

If no bid is received for the reserve price or more, the sale shall be adjourned to a date to be
published. On such date the property shall be offered without its reserve price but the Court,
in such case shall not be bound to accept the highest bid.

Section 273. Deposit by the Purchaser

(1) The person declared to be the purchaser shall pay immediately by way of a deposit
at least twenty per cent of the purchase price.

(2) If the purchaser defaults, the property shall be resold forthwith at his or her peril.

(3) Where the decree holder is the purchaser the Court may dispense with the deposit.

Section 274. Payment of Price in Full

(1) The full amount of purchase money payable shall be paid within fifteen days from
the date of sale.

(2) Where the decree holder is the purchaser the Court may allow him or her to take into
account any amount which is due to him or her in execution.

Section 275. Default of Payment

In default of payment of the purchase money within the time fixed, the Court may order the
forfeiture of the deposit and the resale of the property after publication at the defaulting
purchaser's expense, and the defaulting purchaser shall forfeit all claims to the property or
to any part of the sum for which it may subsequently be sold.

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Section 276. Bid of Co-owner

Where the property sold is a share in an undivided immovable property, and two or more
persons, of whom one is a co-owner, respectively bid the same sum for such property, the
bid shall be deemed to be the bid of the co-owner.

Section 277. Setting Aside the Sale on Deposit

(1) Where immovable property has been sold in execution, any person, either owning
such property or holding an interest therein by virtue of a title acquired before such
sale, may apply within thirty days of the date of sale to set aside the sale.

(2) To set aside the sale, such person must deposit with the Court:
(a) an amount to pay the purchaser a sum equal to fifteen percent of the purchase
price; and,
(b) for payment to the decree holder the amount for the recovery of which the
sale was ordered and the costs.

(3) Where a person applies under this section to set aside the sale of his or her
immovable property, he or she shall not, unless he or she withdraws his or her
application, be entitled to make or prosecute an application under this section.

(4) Nothing in this section shall relieve the judgement debtor from any liability he or
she may be under in respect of costs and interest not covered by the notice of sale.

Section 278. Setting Aside Sale on Ground of Irregularity of Sale

Where any immovable property is sold in execution, the judgement creditor or the
judgement debtor or any other person whose interests are affected by the sale, may apply to
the Court to set aside the sale on the ground of fraud or material irregularity in conducting
such sale, which in turn, has caused grievous loss to his or her rights.

Section 279. Confirmation of Sale

(1) Where thirty days have passed since the date of sale and no application is made to
set it aside under section 277 or 278 above, or where such application is made and
disallowed, the Court shall make an order confirming the sale and thereupon the sale
shall become absolute.

(2) Where an application under section 278 above, is made and allowed or where the
deposit is made under section 277 above, within thirty days from the date of sale, the
Court shall make an order setting aside the sale; provided that, no order shall be
made unless notice of the application has been given to all persons affected thereby.

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 (3) No suit to set aside an order made under this section shall be brought by any person
against whom such order is made.

Section 280. Return of Purchase Price

Where a sale of immovable property is set aside under section 278 of this Act, the purchaser
may apply to the Court to order repayment of his or her purchase money, with or without
interest as the Court may direct, against any person to whom it has been paid.

Section 281. Certificate of Sale

Where a sale of immovable property has become absolute, the Court shall grant a certificate
specifying the property sold and the name of the purchaser. Such certificate shall bear the
date of the day on which the sale became absolute.

Section 282. Delivery of the Property Sold

(1) The Court after marking out the boundaries, if necessary, shall deliver the
possession of the immovable property sold to the purchaser.

(2) lf the immovable property is in the occupancy of a person not bound by the decree to
relinquish such occupancy, a notice in writing containing the substance of the decree
in regards to the property shall be served upon him or her.

Chapter XXX

Distribution of Assets

Section 283. The Method of Distribution of Assets

(1) Where the assets are insufficient to satisfy the claims of all the judgement creditors,
the assets of the judgement debtor shall be distributed in accordance with the
following rules:
(a) where an order for sale of any property has been made by a Court in
execution, the proceeds of the sale, after the deduction of the expenses of
sale, shall be distributed pro-ratably amongst all the judgement creditors who
have applied for execution at any time before the date on which the order for
sale of such property was made;
(b) where money is received by a Court in satisfaction of execution, otherwise
than by way of sale, it shall be distributed pro-ratably amongst all judgement
creditors who have applied for execution before the money was received by
the Court;

72
 (c) where any property is sold subject to a mortgage or charge, the mortgagor or
encumbrance shall not be entitled to share in any or be entitled to share in
any surplus arising from such sale;
(d) where any property liable to be sold in execution of a decree is subject to a
mortgage or charge, the Court may, with the consent of the mortgagor or
encumbrancer, order that the property be sold free from the mortgagor or
charge, giving to the mortgagor or encumbrancer the same interest in the
proceeds of the sale as he or she had in the property sold;
(e) where any immovable property is sold in execution of a decree ordering its
sale for the discharge of an encumbrance thereon, the proceeds of sale shall
be applied:
(i) to defray the expenses of the sale;
(ii) to discharge the amount due under the decree;
(iii) to discharge the interest and principal moneys due on subsequent
encumbrances (if any); and,
(iv) pro-ratably among the holders of decrees for the payment of money
against the judgement debtor in accordance with the provisions of
subsection (1)(a) above.

(2) Where all or any of the assets liable to be pro-ratably distributed under this section
are paid to a person not entitled to receive them, any person so entitled may sue such
a person to compel him or her to refund the assets.

(3) Nothing in this section affects any rights of the GoSS or any other level of
government or person who by any law has a right to be paid in priority to other
creditors.

Section 284. Payment by Installments

(1) After the attachment of the property of the judgement debtor, or before such
attachment upon the judgement debtor furnishing such security as the Court deems
appropriate, the Court which is carrying out the execution may, on the application of
the judgement debtor, and with the consent of the decree holder order that payment
of the amount decreed shall be made by installments upon such terms as it deems
appropriate.

(2) Where the Court has made an order under subsection (1) above, and default is made
in execution of the order, the Court shall set aside the order for payment by
installments and shall on the application of the decree holder issue process for the
recovery of the whole amount of the judgement debt remaining unpaid.

Section 285. Execution Deemed Satisfied

Where no application is made to the Court within six months of the date of the last order
made in an execution, the execution shall be deemed to have been satisfied and the records

73
 thereof shall be closed; provided that, the judgement creditor shall be entitled to apply on
payment of the prescribed fee to have the execution re-opened.

Section 286. Decrees of Other Courts

The provisions of this Chapter shall apply to the decrees and orders of other Courts sent to
the Civil Courts for execution.

Chapter XXXI

Foreign Judgements

Section 287. Effect of Foreign Judgement

A foreign judgement, decree or order shall not be executed by a Court in Southern Sudan
unless it satisfies the following conditions:
(a) the judgement, decree or order is made by a competent judicial tribunal in
accordance with the rules of international law relating to jurisdiction which
are applicable in the country where the judgement or order was made and
which became final in accordance with that law;
(b) the parties to the suit were duly summoned and duly represented;
(c) the decree or order does not conflict with a prior decree or order made by
Courts of Southern Sudan;
(d) the decree or order is not contrary to public order or morality in Southern
Sudan;
(e) the decree or order has not been obtained by fraud; and,
(f) the decree or order does not contain a claim founded on a breach of any law
in force in Southern Sudan.

Section 288. Presumption as to Foreign Judgement

The Court shall presume, on the production of any document purporting to be a certified
copy of a foreign judgement, that such judgement was pronounced by a foreign Court of
competent jurisdiction, unless the contrary appears on the face of the record, but such
presumption may be rebutted by proving want of jurisdiction.

Section 289. Action on a Foreign Judgement

Where a person is entitled to the benefit of a foreign judgement as against any other person
who is resident in Southern Sudan or has property therein, he or she may, if such judgement
is executory in the country in which it was given, institute a suit for the enforcement of such
judgement.

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 Chapter XXXII

Judicial Review of Administrative Decisions

Section 290. Procedure on Application

(1) An application to review an administrative decision shall lie with the High Court
and shall be made in the form of a petition which includes, in addition to the general
particulars required in the plaint, a statement of the nature of the decision subject to
review and the grounds thereof.

(2) Where the decision required to be reviewed may be appealed to a competent

administrative authority the application shall specify the result of such appeal and
the date thereof.

(3) The application shall be accompanied by a copy of the decision required to be

reviewed.

Section 291. Time for Review

(1) An application for review shall be made within sixty days from the publication of
the decision in the Gazette or in departmental circulars, or from the date of
communication of the decision to the interested parties whichever is earlier.

(2) Where the decision may be appealed to a competent administrative authority, time
commences from the date of final disposal of the appeal.

(3) The time specified in subsections (1) and (2) above, shall not begin to run where a
notice under section 33(2) of this Act, was given to the Minister of Legal Affairs and
Constitutional Development.

Section 292. Stay of Execution

(1) The submission of an appeal to the Court shall not operate to stay the execution of
the decision appealed against; provided that, the Court may, on application of the
parties concerned, order the stay of execution if it is of the opinion that the results of
the execution may be irreparable.

(2) Notwithstanding the provisions of subsection (1) above, no stay of execution shall
be made in respect of any decision or order made under any legislation aiming at the
protection of public interest.

Section 293. Condition for Accepting the Application

An application for review shall not be accepted in the following circumstances:

(a) where the applicant has no personal interest;

75
 (b) where the applicant has not exhausted all the modes of redress available to
him or her by law;
(c) unless the application is based on incompetence of the body issuing it or is
based on an abuse of authority or a defect in form or a departure from the
law or a mistake in the application or interpretation of law.

Section 294. Claims for Compensation

The High Courts are competent to decide upon claims for compensation for damages arising
out of administrative decisions without limit as to value and whether the claim was
submitted as an original claim or incidental to a claim for setting aside the administrative
decision.

Section 295. Procedure in Hearing the Application

In the submission, hearing and disposal of the application, the same rules and procedure
shall apply as in a civil suit except the sections provided for in Chapter XX of this Act.

Section 296. Execution of the Decree

No decree setting aside an administrative decision or the award of damages arising out of
such action shall be executed until it becomes final, in the exhaustion of available modes of
objection or where the time for such objection has expired.

Chapter XXXIII

Conflict of Jurisdiction
Section 297. Authority of the Supreme Court

The Supreme Court shall be competent to determine the issue of jurisdiction where a
conflict arises between two levels of Courts or where such Courts refuse to assume
jurisdiction.

Section 298. Procedure on Application

An application under section 297 above, shall be made to the Supreme Court which shall
include in addition to the general particulars required in the plaint, a statement of the subject
matter, and sufficient particulars as to the suit in respect of which conflict of jurisdiction or
the refusal to assume jurisdiction has taken place.

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Section 299. Effect of Application

On the presentation of the application to the Supreme Court, the suit in respect of which the
conflict of jurisdiction has arisen shall be stayed.

Section 300. Disposal of the Application

The Court shall dispose of the application on the documents contained in the record
of the application; nevertheless, the Court may give leave to the parties to file
written statements or may summon them to make statements or give explanations.

Chapter XXXIV

Interpretation of the Constitution and Other Statutory Laws

Section 301. The Application for Interpretation

(1) The Supreme Court is competent to interpret the ICSS, State Constitutions and any
laws on the application of the Minister.

(2) The Minister may, of his or her own motion or on the application of the interested
parties, submit an application for interpretation, if he or she is satisfied that the
nature and importance of the provisions submitted require such interpretation to
ensure consistency in their application.

Section 302. Contents of the Application

The application shall contain a statement as to the provisions submitted for interpretation
and the grounds which necessitate such interpretation.

Section 303. Disposal of the Application

The Court shall hear and determine the application on the documents contained in the
record; provided that, the Court may call on the Minister to file further statements or
explanations.

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 Chapter XXXV

Objection Against the Constitutionality of Laws

Constitutional Remedies

Section 304. Suit Regarding Constitutionality

A suit to determine the constitutionality of any law or subsidiary legislation may be

instituted in the Supreme Court by a petition which shall include in addition to the general
particulars required in the plaint, a statement of the law or subsidiary legislation which is
the subject matter of the petition, the grounds for alleging its contravention of the ICSS, and
the right or interest of the petitioner which is directly affected thereby.

Section 305. The Plea of Unconstitutionality

(1) If an assertion of the unconstitutionality of any law or subsidiary legislation is raised

before any Court, and such Court is satisfied of the genuineness of the plea, it shall
fix a time within which the party interested may institute a suit in the Supreme
Court.

(2) If a suit is instituted within the time so fixed, the Court before which the plea is
raised shall stay the proceedings pending the final disposal of the suit in the
Supreme Court and if no suit is instituted within the time so fixed the plea shall be
considered void.

Section 306. Constitutional Remedy

An application for a constitutional remedy shall lie with the Supreme Court and shall be in
the form of a petition which includes, in addition to the general particulars required in the
plaint, the following additional information:
(a) a statement of the right alleged to have been infringed and of the facts
alleged to constitute the infringement;
(b) a statement as to the time and place of such facts;
(c) a declaration that the applicant to the best of his or her knowledge and belief,
has no other sufficient remedy whether by way of appeal or other civil or
criminal proceedings and a short statement of the grounds for such belief;
and,
(d) a statement of the value of the relief claimed.

Section 307. Amendment and Rejection of Petition

(1) Where the petition is not drawn up in the manner prescribed, the Court may reject or
return it for amendment within such time as may be fixed by the Court.

(4) If the petition is not amended within the time fixed by the Court in accordance with
subsection (1) above, the petition shall be rejected.

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Section 308. Dismissal of Petition

The Court shall dismiss the application, and record the reasons for such dismissal, where it
appears to the Court that:
(a) that the applicant has no right or direct interest in initiating the suit:
(b) that the petition does not contain any justifiable issue to be decided;
(c) that the petition does not disclose any clear infringement of any
constitutional right or that the applicant has not exhausted all the remedies
available to him or her.

Section 309. Admitting the Suit

Where the petition is presented in the proper form, the Court shall make an order allowing it
and directing payment of the prescribed fees unless the applicant is excused from payment
by a Court order.

Section 310. Notices

The GoSS shall be regarded as an interested party in any constitutional suit or petition.
Notices of such suits shall be served on the Minister of Legal Affairs and Constitutional
Development.

Section 311. Joinder of Other Persons

Where it appears to the Court that a person or group of persons has a right or a direct
interest in the result of the suit or petition, the Court may, at any stage of the suit or petition,
direct that such person or group of persons be joined as a defendant or defendants.

Section 312. Procedure

In a suit for declaration of the unconstitutionality or for the protection of constitutional

rights, the same procedure as provided in this Act for hearing and determining a civil suit.
shall be followed except with respect to the notice provided for in section 33(2) of this Act.

Section 313. Disposal of the Suit

Where it appears to the Court that the matter in issue can be determined on the written
submissions of the parties, the Court may decide the matter based on such submissions
unless one of the parties applies to be heard in person or by an advocate.

Section 314. Reference of Questions of Facts to Trial Courts

(l) If a suit is instituted under section 305(2) of this Act, and it appears to the Court that
the parties are at issue on any question which can be determined in the trial Court, it
may refer such question to such Court for hearing and determination.

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 (2) The Court to which any question of fact has been referred under subsection (1)
above, shall hear and determine such question and return the record to the Supreme
Court.

(3) On receiving the proceedings, the Supreme Court shall proceed to hear and determine
the constitutional question and any other questions not referred to the trial Court.

Section 315. Judgement

The judgement shall contain the decision of the Court on the constitutional question, the
relief awarded, if any, and other orders made by the Court.

Section 316. Effect of Judgement

The judgement of the Supreme Court on questions of constitutionality of laws shall be

published and shall be binding.

Section 317. Procedure for Determination of Some Objections

The procedure set out in this Chapter, save the exception provided for in section 316 above,
shall be adapted to such extent as may be appropriate in determining objections based on
the allegation that subsidiary legislations are ultra vires.

Chapter XXXVI
Rules Committee

Section 318. Formation and Powers of Rules Committee

(1) A committee to be known as the “Rules Committee,” shall be established consisting

of the President of Supreme Court, the Minister of Legal Affairs and Constitutional
Development, and Deputies to the President of the Supreme Court, and two Judges
of Court of Appeal to be nominated by the President of Supreme Court.

(2) The Rules Committee may from time to time make rules regulating the procedures
of the Courts.

(3) The Rules Committee may from time to time make any procedural rules not
provided for in this Act if the ends of justice so demand.

(4) Rules relating to assessment and payment of fees shall require the consent of the
Minister of Finance and Economic Planning.

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Section 319. Matters for which Rules may be Provided

(1) Rules shall not be inconsistent with the provisions of this Act.

(2) Without prejudice to the generality of the provisions of subsection (1) above, the
Rules Committee may regulate all or any of the following matters:
(a) the serving of summons, notices and other processes by post or in any other
manner and proof of such service;
(b) security for costs;
(c) the valuation of suits, appeals and other proceedings for the purpose of this
Act;
(d) the taking of evidence on oath in proceedings before arbitrators;
(e) the assessment and payment of fees payable with reference to any suit,
proceedings, appeal, order, notice or others or any business conducted by or
before the Court or an official of the Court;
(f) the costs, charges and expenses to be allowed to parties, witnesses, experts,
arbitrators, agents, advocates and others;
(g) the administration of oaths, legal notifications, certification, attestation and
record by or before a Court or an official of the Court;
(h) the proof of any matter by affidavit; and,
(i) all forms, registers, books, entries and accounts which may be necessary or
desirable for the transaction of the business of Civil Courts.

Chapter XXXVII
Miscellaneous Provisions

Section 320. Payment to an Agent

The Court shall not deliver to an agent or an advocate, on behalf of another person or client
any sum of money unless he or she produces an authenticated authority which empowers
him or her to receive such payment.

Section 321. General Authority

An authority to represent another person as agent or advocate in any legal proceedings does
not of itself authorize the agent or advocate to receive payment of money on behalf of his or
her principal or client.

Section 322. Authority Made Outside Southern Sudan

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 Where the authority is made in a foreign country, it shall conform to the authentication
proceedings of that country and shall be certified by Southern Sudan liaison office in that
country.

Section 323. Costs of Proceedings

(l) Where any expense is incurred by an official of the Court in the execution of any
process ordered by the Court, such expense shall be borne in the first instance by the
party on whose behalf the process is carried out, unless the Court otherwise directs.

(2) The Court may before issuing any process, require the deposit of a sum of money
sufficient to cover the expense of the execution of the process.

Section 324. Sale of Perishable Property

(1) The Court may on such terms as it deems appropriate, order the sale of any movable
property, which is perishable, being the subject matter of a suit or subject of an
attachment or in the execution of a decree or which, for any other similarly
compelling reason, it may be desirable to have it sold.

(2) Before such order is made, notice of the application, if any, shall be given to any
party who may be affected by the order, unless the Court otherwise directs.

Section 325. Inter-Pleader Suit

Where two or more persons claim adversely to one another the same debt, sum of money or
right to movable or immovable property, which is in the possession of or under control of
another person who claims no interest therein other than for charges and costs, and the
possessor of the property is ready to pay or deliver such property to the rightful claimant,
the possessor of the property may institute a suit of inter-pleader against all the claimants
for the purpose of obtaining a decision as to the person to whom the payment or delivery
shall be made and of obtaining indemnity for himself or herself. The possessor of the
property may pay such sum of money into Court or place such property at the disposal of
the Court; provided that, where any suit is pending in which the rights of all parties can
properly be decided, no such suit of inter-pleader shall be instituted.

Section 326. Power of Court to Inspect

The Court may at any stage of a suit inspect any property or thing which is in dispute before
it.

Section 327. Proceedings other than in a Suit

Subject to the provisions of Chapters XXI and XXIII, herein, the Court before which the
objection lies shall have the same powers as the Court of original jurisdiction in respect of
suits instituted before it.

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Section 328. Saving of the Inherent Power of the Court

(1) The Court may, at any time correct any procedural error, take any measures or make
any amendments as may be reasonable for the purpose of the determination of any
question in controversy between the parties.

(4) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power
of the Court to make such order as may be necessary, for the ends of justice, or to
prevent abuse of the process of the Court.

THE RULES SCHEDULE

Rule 1. Affidavits
Rule 2. Commissions
Rule 3. Attestation of Documents
Rule 4. Protest
Rule 5. Documents
Rule 6. Fees

The Rules

Rule 1. Affidavit

(l) Admission of Affidavits

(a) Any Court may at any time for sufficient reasons to be recorded in the trial of the
suit, order that any particular fact or facts may be proved by affidavit or that the
affidavit of any witness may be admitted at the hearing.

(b) Where it appears to the Court that either party desires the production of a witness for
cross-examination and that such witness can be produced, an order may not be made
authorizing the evidence of such witness by affidavit.

(c) Where evidence is given by affidavit, the Court may, at the instance of either party,
order the attendance for cross-examination of the witness.

(2) Matters to which the Affidavit Should be Confined

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 Affidavits shall be confined to such facts as the witness is able of his or her own knowledge
to prove, except in interlocutory application, in which case statement of his or her belief
may be admitted; provided that, the grounds thereof are stated.

(3) Oath or Affirmation

(a) Where any person desires to swear or affirm any matter he or she shall produce to
the Court such matter in writing.

(b) The form of oath or affirmation shall be that in use in the Court

(c) After the oath has been taken or the affirmation made the writing shall be read
through by the person producing it or in his or her hearing and shall be signed by
him or her.

(4) Certificate by the Court

(a) The Judge shall endorse upon the writing a certificate under his or her hand and the
seal of the Court that the matter therein was sworn to or affirmed, as the case may
be, in his or her presence and subscribed by the person taking the oath or making the
affirmation upon the date of such oath or affirmation.

(b) Where the certificate is required to be made in special form for use abroad, the
Judge may make the certificate in that form.

(5) Commissioner of Oaths

(a) The President of Supreme Court may from time to time by commission signed by
him or her appoint any person being a practicing Advocate to be a Commissioner for
Oaths and may revoke any such appointment.

(b) For the purposes of this Rule, oath includes customary evidential oath.

(c) Every Commissioner for Oaths shall, by virtue of his or her commission be deemed
for all purposes of administration of oath, taking of affidavits and attestation of
documents to be an official of the Court and for such purpose may exercise all the
powers of any Court in the same manner as a Judge thereof; provided that,
(i) a Commissioner for Oaths shall not affix the seal of any Court but shall
instead where necessary affix a seal approved by the Chief Justice;
(ii) fees prescribed for the administration of an oath, taking of an affidavit or
attestation of documents shall be paid to and be retainable by a
Commissioner for Oaths in respect of any oath administered, affidavit taken
or document attested by him or her.

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Rule 2. Commissions

(1) Power of Court to Issue Commission

Subject to such conditions and limitations as may be prescribed, the Court may issue a
commission to:
(a) examine any person;
(b) make local investigations and valuation,
(c) examine or adjust accounts, and/or,
(d) make partitions.

(2) Where Court may Issue Commission to Examine Witnesses

(a) The Court may at any time before passing a decree issue a commission for the
examination of:
(i) any person resident, within the local limits of its jurisdiction who is from
sickness or infirmity unable to attend;
(ii) any person resident beyond such local limits; and/or,
(iii) any public servant who cannot in the opinion of the Court attend without
detriment to the public service.

(b) A commission for the examination of any person may be issued to any Court having
jurisdiction in the place in which the person to be examined resides and the Court
receiving a commission for the examination of any person shall examine such
person or cause such person to be examined and when the commission has been duly
executed it shall be returned together with evidence taken under it to the Court from
which it was issued, unless the commission otherwise directs

(c) Where on the application of any party evidence is taken on commission the
opposing party shall, if it is practicable, be afforded an opportunity of cross-
examining the witness giving the evidence, and such evidence shall subject to all
just exceptions, be read as evidence in the suit and shall form part of the record.

(d) When such party has not had the opportunity of cross-examining the witness, the
evidence shall not, except for any special reasons to be recorded by the Court, be
read as evidence in the suit or form part of the record.

(e) In lieu of issuing a commission, the Court may issue a letter of request to examine a
witness not within the Southern Sudan.

(3) Commission to make Local Investigations

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 In any suit in which the Court deems a local investigation to be requisite or proper for the
purpose of elucidating any matter in dispute or of ascertaining the market value of any
property or the amount of any profits or damages, the Court may issue a commission to
such person as it deems appropriate directing him or her to make such investigation and to
report thereon to the Court.

(4) Commission to Examine or Adjust Accounts

In any suit in which an examination or adjustment of accounts is necessary, the Court may
issue a commission to such person as it deems appropriate directing him or her to make
such examination or adjustment.

(5) Court to give Commissioner Necessary Instructions

The Court shall give to the Commissioner such instructions as appear necessary, and the
instructions shall distinctly specify whether the Commissioner is merely to transmit the
proceedings which he or she may hold on the inquiry, or also to report to the Court his or
her own opinion on the point referred for his or her examination.

(6) Commission to Make Partition

(a) Where a preliminary decree for partition of immovable property has been passed the
Court may issue a commission to such person as it deems appropriate to report to the
best method of effecting a partition and what sum of money, if any, ought to be paid
for equality of partition by a co-owner to any other co-owner.

(b) The Commissioner shall, after considering the proposals for partition, if any, made
by the parties, submit his or her report in writing to the Court.

(c) The Court after hearing any objections which the parties may make to the report,
shall confirm, vary or set aside the report.

(d) Where the Court confirms or varies the report it shall pass a decree in accordance
with the report as confirmed or varied. Where the Court sets aside the report it shall
either issue a new commission or make such other order as it thinks fit.

(7) Weight of Evidence Taken by Commission

(a) If a commission is issued under rule 3, 4 or 6 the proceedings and report of the
Commissioner shall be evidence in the suit and shall form part of the record but if
the Court has reason to be dissatisfied with them, it may direct further inquiry as it
deems appropriate.

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 (b) The Court either of its own motion or on the application of any of the parties may
examine the Commissioner in a closed Court, touching any of the matters mentioned
in his or her report or as to the manner in which he or she has made the investigation.

(8) Power to Appoint more than one Commissioner

The Court may, in the cases provided for in rule 3,4 or 6, issue a commission to more than
one person, and in that event, if the Commissioners cannot agree, they shall prepare and
sign separate reports.

(9) Expenses of Commission

Before issuing any commission under this Rule, the Court may order such sum as it thinks
reasonable towards the expenses of the commission and the remuneration of the
Commissioner to be, within a time to be fixed, paid into Court by the party at whose
instance or for whose benefit the commission is issued.

(10) Parties to Appear before Commissioner

(a) Where a commission is issued, the Court shall direct that the parties to the suit shall
appear before the Commissioner and, subject to the provisions of this Act, may
direct that a summons be issued to any person to appear as a witness or to produce
any document before the Commissioner.

(b) Where all or any of the parties do not so appear, the Commissioner may proceed in
their absence.

Explanation - In this Rule, the term "Commissioner" means the person to whom a
Commission is issued by a Court.

Rule 3. Attestation of Documents

(1) Witness Requirement

The attestation of a document shall be made by the judge in the presence of two witnesses
who shall be adults, resident in Southern Sudan, having no interest in the document and
neither of them being the father, mother, son, daughter, husband or wife of any party to the
documents.

(2) Establishing Identity

Where the judge does not know the person whose signature is to be attested such person
shall be accompanied by the Chief or other credible witness for the purpose of establishing

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 his or her identity. The same person may be a witness of identity and a witness of the
attestation.

(3) Understanding Document

The judge shall satisfy himself or herself that the person whose signature is attested fully
understands the purpose of the document.

(4) Copies of Documents

Where any person desires to have a certificate that any document is an exact copy of
another document he or she shall produce the two documents to the Court, and the judge
shall satisfy himself or herself that the two documents are exact copies of one another, and
shall write upon each, a certificate to that effect under his or her signature; and one of the
copies shall be filed in the Court and the other shall be returned to the person producing the
document.

Rule 4. Protests

(1) Appointment of Protest Clerk.

The High Court judge shall appoint in such Courts of the Circuit as he or she thinks
necessary a person to act as protest clerk for the purpose of presenting protesting and
registering protests of Acts.

(2) Application for Protest

Where the holder desires to protest a Act for non-acceptance or non-payment he or she shall
deliver it to the Court within whose local limits of jurisdiction where the Act is payable to
the person against whom the protest is to be made has a dwelling place or a place of
business and the Court shall not, if the prescribed formalities have been complied with,
refuse to make the protest, except where the holder applies for protest for non-payment
when the Act is not then due.

(3) Manner and Place of Presentment.

(a) Presentment for protest for non-acceptance shall be made at the dwelling place or
place of business of the drawer or other person against whom the protest is to be
made;
(b) Presentment for protest for non-payment shall be made:
(i) at the place of payment specified in the Act; or

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 (ii) where no such place is specified or, where such place is specified but the
person against whom the protest is to be made cannot be found at the
dwelling place or place of business of the drawer, accepter for honour or
other person charged with the duty of payment.

(c) If the person against whom the protest is to be made is not found at his or her
dwelling place or place of business the protest clerk shall take appropriate measures
to find him or her.

(4) Time at which Protest to be Made

(a) The protest clerk shall present the Act to the person against whom the protest is to
be made within twenty-four hours against the delivery of the Act to the Court, this is
exclusive of any non-business day or part of a non-business day.

(b) Where the presentment for protest is required to be made at a place outside the town
in which the Court is situated, the judge shall allow such further time as is necessary
for the journey to such place and may appoint some person other than the protest
clerk to present and protest the Act. Where such other person is so appointed his or
her appointment shall be recorded in the instrument of protest under the hand of the
judge and seal of the Court.

(c) The presentment for protest shall be made at a reasonable time on a business day.

(5) Where Acts are to be Protested

(a) Protest shall be made only in consequence of refusal to accept or pay by the person
to whom the presentment is made.

(b) If such a person consents to accept or tenders payment but refuses to pay the protest
fees, the Act shall be protested only after reference to the holder and on the holder's
directions, and if the protest is made the offer to accept the tender of payment shall
be noted by the protest clerk in the instrument of protest.

(6) Contents of Instrument of Protest

The instrument of protest shall contain a literal transcript of the Act, of the acceptance, of
the endorsement and of the directions, if any, thereon and summons to accept or pay. It shall
set forth the presence or the absence of the party to whom the Act was presented, the
grounds of refusal to accept or pay, the inability or refusal to sign and the declaration of
protest by the protest clerk.

(7) Copy to be Handed to Holder

The instrument of protest shall be made in duplicate; one copy shall be handed to the
holder, and the other filed in the Court.

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(8) Procedure Where the Person Cannot be Found

Where the person against whom protest is to be made cannot be found, and neither his or
her dwelling place nor place of business is known, the Act shall be treated as dishonoured
and a copy of the instrument of protest shall be posted on the Court notice-board for thirty
consecutive days.

(9) Application to Promissory Notes

The provisions of this Rule shall apply so far as possible to the protest of promissory notes
for non-payment

Rule 5. Documents

(1) Notice to Admit Documents

Either party with the consent of the Court may by notice in writing call upon the other party
to admit any document other than those excepted by law and in case of refusal or neglect to
admit, after such notice, the costs of proving any such document shall be paid by the party
so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise
directs.
(2) Notice to Admit Facts

(a) Any party with the consent of the Court may by notice in writing call upon any other
party to admit, for the purposes of the suit only, any specific fact or facts, mentioned
within a time fixed in such notice, and in case of refusal or neglect to admit within
such time as may be allowed by the Court, the costs of proving such fact or facts
shall be paid by the party so neglecting or refusing, whatever the result of the suit
may be, unless the Court otherwise directs.

(b) The admission made in pursuance of such notice is to be deemed to be made only
for the purposes of the particular suit.

(3) Submission of Interrogatories

(a) In any suit the plaintiff or defendant may deliver interrogatories in writing for the
examination of the opposite parties or any one or more of such parties.

(b) No party shall deliver more than one set of interrogatories to the same party without
an order for the purpose.

(c) Interrogatories which do not relate to any matter in question in the suit shall be
deemed irrelevant, notwithstanding that they might be admissible on the cross-
examination of a witness.

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 (d) Interrogatories proposed to be delivered shall be submitted to the Court for leave,
and leave shall be given only to consider such interrogatories necessary either for
fair disposal of the suit or for saving of costs.

(4) Affidavit in Answer

(a) Interrogatories shall be answered by affidavit to be filed within fourteen days or

within such other period as the Court may allow.

(b) Any objection to answering any interrogatory may be taken in the affidavit in
answer.

(5) Using Answers to Interrogatories

Any party may, at the trial of the suit, use in evidence any one or more of the answers or
any part of an answer of the opposite party to interrogatories without putting in the others
part or the whole of such answer. If answers not put in are so connected with those put in
the last mentioned answers which ought not to be used without them, the Court may direct
them to be put in.

(6) Application for Discovery of Documents

(a) Any party may apply to the Court for an order directing any other party to any suit
to make discovery on oath of all the documents which are or have been in his or her
possession or power relating to any matters in question therein, where necessary
either for disposing of the suit or for saving costs.

(b) If the party from whom production of any document is sought objects, the objection
may be taken with the reasons relied upon.

(7) Inspection or Discovery

Where the party from whom discovery of any document or inspection is sought objects the
Court may, if satisfied that the decision on the objection depends on the determination of
any issue or question in dispute in the suit, order that such issue or question be determined
first, and reserve the question as to the discovery or inspection.

(8) Non-compliance with Order for Discovery of Inspection

Where any party fails to comply with the order to answer interrogatories, or for discovery or
inspection of documents the Court may on the application of the other party:
(a) dismiss the suit for want of prosecution where the defaulting party is the plaintiff;
(b) strike out the defense where the defaulting party is the defendant.

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(9) Documentary Evidence

(a) Every document admitted in evidence shall be in the record and read and given a
distinguishing number or mark, endorsed with the number of the suit, name of the
person producing it, and the date on which it was produced and shall be signed by
the judge.

(b) Where a document relied on as evidence is considered by the Court to be

inadmissible in evidence there shall be endorsed thereon the particulars mentioned
in sub-rule (1) together with a statement of the reasons relied upon for rejection.

(10) Impounding of Documents

The Court may, if it sees sufficient cause, direct any document or book produced before it in
any suit to be impounded and kept in custody of the Court for such period and subject to
such conditions as it deems appropriate.

(11) Return of Document

Any person, whether a party to the suit or not, desirous of receiving back any document
produced by him or her in the suit shall, unless the document is impounded under sub rule
10, be entitled to receive back such document where a judgement which is not appeal-able
is delivered or where the period during which an appeal ought to be lodged has lapsed.

(12) Material Objects other than Documents

The provisions of sub rules 9, 10, and 11, shall, so far as may be, apply to all other material
objects produceable as evidence.

Rule 6. Fees

(1) Fee Schedule and Payment

(a) In suits and proceedings before Civil Courts the fees set out in the schedule of fees
shall be payable.

(b) In suits such part of the fee as is specified in the aforesaid schedule shall be paid
upon the admission of the plaint and the balance shall be paid on hearing provided
that the total fees payable on plaint and hearing shall not exceed ten percent of the
value of the suit.

(2) Valuation of Suit

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 (a) For application of the provisions of this Act the value of a suit shall be calculated in
accordance with section 56 herein.

(b) Where the amount of the value of suit contains a fraction of a pound such fraction
shall be treated as a pound.

(c) The provisions of this sub rule shall apply so far as may be to the valuation of other
proceedings under this Act or referred to in this Rule; provided that in appeals and
reviews the amount of any costs adjudged shall not be taken into consideration.

(3) Fees Where there is no Hearing

Where the claim is not disputed and there is no formal hearing no fee shall be charged other
than the fee upon plaint.

(4) Fees in Suits Where Part of the Claim is Abandoned or Admitted

Where in any suit part of the claim is abandoned or admitted after payment of the fee
payable upon plaint, but before the fee payable on hearing has been paid, the total fee
payable in the suit shall be the aggregate of half the percentage fee on the value of the
original claim and half the percentage fee on the value of that part of the suit which is
disputed; provided that, in suits for the sale or foreclosure of immovable property, the total
fee payable shall be the scale percentage on the value of that party of the suit which is
disputed and not as above stated in this rule.

(5) Fees Where the Value of the Decree Exceeds amount Claimed

Where in any suit or appeal the value of the decree exceeds the amount claimed or the
amount that at which the relief was valued, further fees payable in accordance with this
Rule shall be paid by the plaintiff or appellant as the case may be and the decree shall not be
executed until such fees have been paid.

(6) Who Should Pay Fees

(a) The fees payable upon any proceeding shall, unless the Court otherwise directs, be
paid in the first instance by the person on whose behalf the proceedings are taken;
provided that:
(i) where an application under this Act, to set aside a decree has been granted,
the Court shall direct whether the plaintiff or the defendant shall pay the
balance of the fees (if any) payable on hearing;
(ii) in bankruptcy and winding-up proceedings the Court may direct that
payment of fees other than the fees payable on a petition for adjudication or
winding-up shall be postponed until there are assets available in the hands of
the receiver or liquidator for the payment of such fees.

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 (b) Fees paid in issues in bankruptcy and winding-up proceedings and fees paid by a
creditor on whose petition an order of adjudication or winding-up is made shall,
unless the Court otherwise directs, form part of the cost of administration.

(7) Receipts to be Given

(1) A receipt shall be given for every fee paid.

(2) Where a fee is paid in respect of any document a note shall be endorsed on the
document stating that such fee has been paid quoting the receipt number.

(3) Where a fee is paid in respect of any suit, appeal, or execution, a statement to that
effect shall be endorsed on the record.

(8) Power to Remit or Postpone Payment of Fees

Subject to the provisions of this Act the Court may remit or postpone the payment of any
fees upon proof of indigence of the person by whom such fees are payable.

(9) Power to Return Fees

The appellate Court may, if it considers that the objection was occasioned by the mistake of
the Court from which the objection was made, in its discretion order a return of all or part of
the fee paid upon such objection.

(10) Enforcement of Payment

The payment of any fee may be enforced in like manner as a decree for the payment of
money.

(11) Maximum Fee of Suit of Objection

The maximum fee payable in any suit or objection shall be ten percent of the value.

(12) Suits and Objections by Paupers

(a) Subject to the following sub rules any suit or objection may be brought by a pauper.

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 (b) For the purposes of this Rule, a pauper is a person who is not possessed of sufficient
means to enable him or her to pay the fees prescribed for the hearing of the suit or
objection as the case may be.

(13) Contents of Application to Sue as Pauper

(a) The application for permission to sue as a pauper shall be in writing and shall be
accompanied by:
(i) list of any movable or immovable property belonging to the petitioner with
its estimated value;
(ii) a certificate signed by two persons and authenticated in such manner as the
Court may require that the petitioner is a pauper; and,
(iii) his or her plaint or memorandum of objection as the case may be.

(b) The Court may require the petitioner to make a declaration on oath or an affirmation
as to the property which he or she posses or as to his or her inability to pay the
prescribed fees.

(c) If the Court is satisfied that the petitioner is not a pauper it shall reject the
application.

(14) Rejection of Application

Where the application is in the proper form and is not rejected under rule 13(c) above, the
Court shall summon the defendant to appear and show cause why the petitioner should not
be allowed to sue as a pauper.

(15) Examination of Petitioner and Defendant

Upon the day fixed for the defendant to appear and show cause, the Court shall examine the
petitioner and the defendant with regard to the application and as to the prospect of success
in the suit.

(16) Decision on Application

After examination mentioned in rule 15 is concluded, the Court shall make its order
allowing or rejecting the application.

The Court shall reject the application.

(a) where the applicant is not a pauper; or
(b) where he or she has been guilty of any act of bad faith in the matter of the
application; or,
(c) where his or her allegations do not show that he or she has a reasonable prospect of
success in the suit.

(17) Dispaupering

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 The Court may on the application of the defendant or of its own motion after giving notice
to the plaintiff order the plaintiff to be dispaupered:
(a) if he or she is guilty of vexations or improper conduct in the course of the suit;
(b) if it appears that his or her means are such that he or she ought not to continue to sue
as a pauper; or,
(c) if he or she has entered into any agreement with reference to the subject
matter of the suit under which any other person has obtained an interest in such
subject matter.

(18) Time for Payment of Fees

Where the Court orders the plaintiff to be dispaupered it shall fix a time within which the
plaintiff shall pay the prescribed fees, and if such fees are not paid within such time, the
Court shall dismiss the suit.

(20) Objection by Pauper

Any person entitled to prefer an appeal may present an application to the appellate Court for
permission to appeal as a pauper, and the foregoing sub rules of this Rule shall so far as
may be, apply; provided that the Court shall reject the application, if, upon a perusal thereof
and of the judgement and decree appealed from, it sees reasons to think that the decree is
contrary to law or is otherwise erroneous or unjust.

(21) Inquiry into Pauperism

When there is an application to object as a pauper, the inquiry into the pauperism of the
applicant may be made either by the appellate Court or under the order of the appellate
Court by the Court from whose decision the objection is preferred; provided that, if the
applicant was allowed to sue as a pauper in the Court from whose decree the objection is
preferred, no further inquiry in respect of his or her pauperism shall be necessary, unless the
appellate Court otherwise directs.

Note:
Where the fee payable is stated to be a percentage, such percentage shall be calculated on the value
of the suit or proceeding unless it is otherwise stated.

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