Order 12 Judgments (Enforcement) Rules

Order 12 of the Judgments (Enforcement) Rules is about Forms andfees. It contains the following rules:

1. Forms
   The forms in the First Schedule hereto shall be added to the forms in the Schedule to the Act.
   [First Schedule.]
2. Manner of preparing forms
   (1) The Chief Registrar may from time to time cause to be printed with such variations in format, and distributed to the several registrars of the High Court and the magistrates’ courts in such numbers, as he shall think fit, any of the forms contained in the Schedule to the Act, and wherever any forms so printed are available, they shall be used to the exclusion of forms prepared in any other way.
   (2) Where any form required to be used in a particular case is not available printed as aforesaid, the registrar shall cause the form to be drawn up in the court registry, or may, where the form is not a form of process, accept the form after it has been drawn up by or on behalf of the party at whose instance it is to be used, and any form which the registrar draws up or accepts, may, if it is the same in all necessary respects as the appropriate
   form contained in the Schedule to the Act, be used as if it were printed as aforesaid.
   (3) Where any form is drawn up in the registry of a magistrate’s court as prescribed in the last preceding paragraph, it may, by and under the direction of the magistrate, and subject to section 23 of the Interpretation Act, be abbreviated by the omission of any recital or part of any recital, and in such case all consequential variations shall be made in the remainder of the form and a form so abbreviated may be used as if it were a form printed as aforesaid, and shall be good and sufficient in law.
   [Cap. 123.]

3. Particulars in forms
   Where any form is used, it shall contain the particulars required by it.
4. Fees
   (1) The fees specified in the Second Schedule hereto shall be paid, received, recovered, receipted, accounted for and disposed of in accordance with the rules and regulations relating to fees for the time being applying in the court in which the proceeding is taken or the process is issued.
   [L.N. 47 of 1955. Second Schedule.]
   (2) Where, in any court, in relation to any proceeding under the Act or these Rules, anything is required to be done in respect of which no fee is specified in the Second Schedule hereto, but in respect of which a fee would be payable if the thing were required to be done in relation to other proceedings in that court, then the fee so payable shall be paid, received, recovered, receipted, accounted for, and disposed of as if the thing were required to be done in relation to such other proceedings.
5. No fees on praecipe
   No fee shall be payable in respect of the filing of a praecipe or other application made to the registrar for the issue of process, or in respect of the drawing up or issue of an order for the discharge or liberation of a judgment debtor prisoner.

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