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Supreme Court (Removal of Judgments) Rules

FIJI ISLANDS

Cap.13 Ed. 1978
Subsidiary legislation

CHAPTER 13

SUPREME COURT

SECTION 25-SUPREME COURT
(REMOVAL OF JUDGMENTS) RULES

Made by the Chief Justice

Rules 29th Aug., 1947 [in force 5th Sept., 19471.

Short title.

1. These Rules may be cited as the Supreme Court (Removal of Judgments) Rules.

Application for removal

2. An application under section 35 of the Magistrate's Courts Act for the removal of a judgment of a magistrates' court into the Supreme Court shall be made by .affidavit in the form contained in the First Schedule (Form No. 1).

Order for removal

3. An order for the removal of a judgment of a magistrates' court into the Supreme Court may be made in the form contained in the First Schedule (Form No. 2).

Entry of judgment in Supreme Court

4. A judgment entered in the Supreme Court following the removal of a judgment of a magistrates' court may be given in the form contained in the First Schedule (Form No. 3).

Fees

5. The fees payable in connexion with the removal of a judgment of a magistrates' court into the Supreme Court shall be those contained in the Second Schedule.

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FIRST SCHEDULE

FORM No. 1

AFFIDAVIT TO LEAD TO ORDER UNDER SECTION 35 OF THE
MAGISTRATES' COURTS ACT

In the Supreme Court of Fiji......................... Cause No.................... of 19..........
In the matter of a civil cause or matter (No. .............of 19 ) in the magistrates' court at..........

Wherein A.B. is Plaintiff and C.D. is Defendant.

I, X.Y. of ,................ Barrister and Solicitor in the above-named cause or matter for the above-named A.B. make oath and say as follows:-

1. On the............. day of ............. 19............., in the magistrates' court at judgment was obtained by the above-named A.B, against the above-named X. Y. for $ .......being^[1], and $........... costs amounting together to $.............

2. The said judgment still remains unsatisfied to the extent of $............ and interest amounting to $................. , in all $................

3. The said C.D. has no goods or chattels within Fiji which can be conveniently seized to satisfy the above-named judgment.

4.^[2]The said C.D. is possessed of land and hereditaments in Fiji which it is desired to take in execution.

²The said C.D. is now resident at............... and it is intended to seek enforcement of the said judgment in the Supreme Court of ............by means of the provisions of the law relating to the reciprocal enforcement of judgments.

Wherefore it is prayed that the Court may be pleased to order that the said judgment be removed into the Supreme Court and that judgment be entered in the Supreme Court for the amount due and payable under the judgment of the magistrates' court together with the costs of this application.
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³ State nature of claim.
² Strike out whatever is inapplicable

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FORM No. 2

ORDER UNDER SECTION 35 OF THE MAGISTRATES'
COURTS ACT

In the Supreme Court of Fiji..................... Cause No............ of 19...........

Between A.B. Plaintiff and C.D. Defendant.

The day of .............., 19.............

Upon reading the affidavit of X. Y. filed the ..............day of ..........., 19........ : It is ordered that the judgment in Cause No............of 19............. , in the magistrates' court at ..................be removed into the Supreme Court and that judgment be entered in the Supreme Court for the sum of $ ............due under the said judgment of the magistrates' court and the costs of this application.

By the Court,
Chief Registrar.

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FORM No. 3

JUDGMENT UNDER SECTION 35 OF THE MAGISTRATES'
COURTS ACT

In the Supreme Court of Fiji. ..................Cause No........... of 19........

Between A.B. Plaintiff and D.C. Defendant.

JUDGMENT

The day of ............., 19............

Whereas by the judgment of the magistrates' court at................................
in Cause No............. of 19............. , dated...........19........... , it was adjudged that the above-named plaintiff recover against the above-named defendant $.............. and
$.................. costs amounting together to $.....................

And whereas by section 35 of the Magistrates' Courts Act, it is provided that a judge of the Supreme Court, if satisfied that a person whether resident within Fiji or not against whom judgment for an amount exceeding forty dollars has been obtained in a magistrates' court, has no goods or chattels within Fiji which can be conveniently seized to satisfy the judgment, may by order under his hand and the seal of the Court remove the judgment into the Supreme Court and upon such removal judgment shall be entered in the Supreme Court for the amount due and payable under the judgment of the magistrates' court together with such costs as the judge may direct:

And whereas in pursuance of the provisions of the abovementioned section an order was made by a judge of the Supreme Court on the day of............,19........... , directing that the above-named judgment be removed into the Supreme Court and that judgment be entered in the Supreme Court for the sum due under the judgment of the magistrates' court and the costs of the application.

Therefore it is adjudged that the plaintiff do recover against the defendant $.............. and costs fixed at $7.25 inclusive.

By the Court,
Chief Registrar

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SECOND SCHEDULE

^[1] State nature of claim.
^[2] Strike out whatever is inapplicable.