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Supreme Court Civil Procedure Act 1932 (No. 58 of 1932)
Requested:  28 Aug 2014
Consolidated as at:  21 Feb 2012

184. Procedure on transfer of causes from the Court to inferior court of civil jurisdiction

      (1) Where, pursuant to the provisions of this Act, any cause (including a counter-claim), matter, or proceeding is ordered to be transferred from the Supreme Court to an inferior court of civil jurisdiction, any party may lodge, or cause to be lodged, with the registrar of the inferior court named in the order, the order and the writ or statement of claim, or copies thereof, and such other documents, if any, as a judge of the Supreme Court may direct; and the Registrar of the Supreme Court or the district registrar at the registry in which the cause, matter, or proceeding is proceeding shall, on the application of such party, and on production of the order and on the filing of a copy thereof, send to the registrar of the inferior court all pleadings, affidavits, and other documents filed in the Supreme Court relating to the cause, matter, or proceeding. On the documents aforesaid being so lodged or sent, the cause, matter, or proceeding shall be transferred to the said inferior court, and, subject to the provisions of this section and to any rules of such court, all further proceedings therein shall be taken and tried as if the inferior court had had jurisdiction to entertain the cause, matter, or proceeding, when it was commenced, and the cause, matter, or proceeding had been originally commenced therein, and the inferior court shall have jurisdiction to deal with the cause, matter, or proceeding, any enactment to the contrary notwithstanding: Provided that the transfer shall not affect any right of appeal to the Supreme Court from the order directing the transfer, or the right of the Supreme Court or any judge thereof to enforce in that Court any judgment signed, or order made, in that Court before the transfer.

      (2) Any judge of the Supreme Court may, if circumstances render it necessary or desirable so to do, order any cause (including a counter-claim), matter, or proceeding which has been transferred to an inferior court of civil jurisdiction to be retransferred to the Supreme Court, and (if the proceeding is one which can be proceeded with in any district registry) the judge may order it to be proceeded with in any district registry in which it can be proceeded with, and any party may lodge, or cause to be lodged with the Registrar of the Supreme Court or (if the judge orders the proceeding to be proceeded with in a district registry) with the district registrar at the registry in which the proceeding is to be proceeded with, the order and the writ or statement of claim, or copies thereof, and such other documents, if any, as the judge may direct; and the registrar of the inferior court shall, on the application of such party, and on production of the order and on the filing of a copy thereof, send to the Registrar of the Supreme Court or the district registrar at the registry in which the proceeding is to be proceeded with all pleadings, affidavits, and other documents filed in the inferior court relating to the cause, matter, or proceeding.

      (3) The judge of the Supreme Court ordering the transfer of any cause (including a counter-claim), matter, or proceeding from the Supreme Court to an inferior court of civil jurisdiction, or from an inferior court of civil jurisdiction to the Supreme Court, may, by the order, direct that any pleadings delivered or filed or any other proceedings had or taken in the Supreme Court or in the inferior court of civil jurisdiction, as the case may be, shall or may be used or availed of in the court to which the cause, matter, or proceeding is transferred as if the same had been delivered, filed, had, or taken therein, and may give such further or other directions with respect to the transfer or the trial or hearing of the cause, matter, or proceeding as may appear to him to be necessary or convenient.

      (4) Where, pursuant to the provisions of this Act, or the Rules of Court an order is made directing any question or issue to be tried in an inferior court of civil jurisdiction, or by a judge of an inferior court of civil jurisdiction, the order shall define the question or issue to be tried, and any party may lodge, or cause to be lodged, the order, together with the affidavits, if any, filed in the matter and such other documents, if any, as the Court or judge may direct, with the registrar of the inferior court named in the order; and on the documents aforesaid being so lodged the issue shall, subject to any rules of the inferior court, be tried in the inferior court, any enactment to the contrary notwithstanding, and the judge of that court, after the same has been tried, shall certify the result of the trial, and send his certificate to the Supreme Court, together with the documents aforesaid and any report which he may think fit to make as to costs or any other matter.

      (5)

(a) Where, under any of the provisions of this Act, any cause (including a counter-claim), matter, or proceeding, is transferred from the Supreme Court to an inferior court of civil jurisdiction, or from an inferior court of civil jurisdiction to the Supreme Court, the costs of the whole proceedings, both before and after the transfer, shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the cause, matter or proceeding is transferred, and that court shall have power to make orders with respect thereto, and as to the scales on or under which the costs of the several parts of the proceedings are to be taxed, and the costs of the whole proceedings shall be taxed in that court;

(b) Provided that, as regards so much of the proceedings in an action transferred from the Supreme Court to an inferior court of civil jurisdiction as shall take place in the Supreme Court before the transfer, the costs thereof shall be subject to the provisions of section 13, and the powers of the Court or a judge under that section to make an order allowing costs on any Supreme Court scale or on or under any scale of costs in any inferior court of civil jurisdiction, shall, subject to any order of the Court or judge by whom the transfer was ordered, be exercisable by the judge of the inferior court of civil jurisdiction.


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CURRENT VIEW: 1 Feb 1997 - 1 Oct 2012
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