Division 1 — General
[40/2019]
9.  [Repealed by Act 40 of 2019]
Proceedings in General Division to be disposed of by single Judge
10.—(1)  Every proceeding in the General Division and all business arising out of the proceeding is, except as otherwise provided by any written law for the time being in force, to be heard and disposed of before a single Judge.
[40/2019]
(2)  A Judge may, subject to Rules of Court or Family Justice Rules, exercise in court or in chambers all or any part of the jurisdiction vested in the General Division, in all such causes and matters and in all such proceedings in any causes or matters as might immediately before 9 January 1970 have been heard in court or in chambers respectively by a single Judge, or as may be directed or authorised to be so heard by Rules of Court or Family Justice Rules for the time being in force.
[27/2014; 40/2019]
(3)  [Deleted by Act 42 of 2014]
(4)  If a Judge reserves judgment in any proceedings and his or her appointment as a Judge expires or is terminated before his or her judgment is delivered, he or she has power to deliver judgment in respect of those proceedings, even though his or her appointment as a Judge has expired or has been terminated.
(5)  No Judge is to sit in the General Division on the hearing of, or determine any application in proceedings incidental or preliminary to —
(a)an appeal from a judgment or an order made by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts;
(b)an appeal against a conviction before the Judge or a sentence passed by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts;
(c)the consideration of any case stated by the Judge under section 395 of the Criminal Procedure Code 2010 as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts;
(d)any application made under section 400 of the Criminal Procedure Code 2010 in relation to any judgment or order made, or sentence passed, by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts; or
(e)any proceedings relating to any judgment, order or direction made by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts.
[5/2014; 27/2014; 40/2019]
Assessors to assist General Division
10A.—(1)  In any proceedings before the General Division, the Court may, if it thinks fit on the application of any party, or on its own motion, summon to its assistance, in such manner as may be prescribed by Rules of Court or Family Justice Rules, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the Court and act as assessors.
[27/2014; 40/2019]
(2)  Subject to subsection (3), the remuneration of assessors for sitting under this section is to be at such rate as may be prescribed by Rules of Court or Family Justice Rules and is to be costs in the proceedings unless otherwise ordered by the General Division.
[27/2014; 40/2019]
(3)  Where one or more assessors are summoned for the purposes of this section otherwise than on the application of a party to the proceedings, the remuneration of any such assessor is payable out of moneys provided by Parliament.
(4)  Where any person is proposed to be summoned as an assessor, objection to the person, either personally or in respect of the person’s qualification, may be taken by any party in the prescribed manner.
When General Division is open
10B.—(1)  Subject to subsection (2), the General Division is to sit on every day of the year except on Saturdays, Sundays and public holidays.
[40/2019]
(2)  Despite subsection (1), a Judge may lawfully sit on a Saturday, Sunday or public holiday or during a vacation prescribed under section 7 if —
(a)the Chief Justice has directed the Judge to sit on that day or during that vacation; or
(b)in the opinion of the Judge, the business to be despatched is extremely urgent.
[40/2019]
Sittings of General Division and distribution of business
11.—(1)  The General Division is to sit at such times and at such places as the Chief Justice may from time to time appoint.
[40/2019]
(2)  The distribution of business among the several Judges is to be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the Chief Justice.
12.  [Repealed by Act 40 of 2019]
Writs of execution
13.  A judgment for the payment of money to any person or into court may be enforced by a writ, to be called a writ of seizure and sale, under which all the property, movable or immovable, of whatever description, of a judgment debtor may be seized, except —
(a)the wearing apparel and bedding of the judgment debtor or the judgment debtor’s family, and the tools and implements of the judgment debtor’s trade, when the value of such apparel, bedding, tools and implements does not exceed $1,000;
(b)tools of artisans, and, where the judgment debtor is an agriculturist, the judgment debtor’s implements of husbandry and such animals and seed‑grain or produce as may in the opinion of the court be necessary to enable the judgment debtor to earn his or her livelihood as such;
(c)the wages or salary of the judgment debtor;
(d)any pension, gratuity or allowance granted by the Government; and
(e)the share of the judgment debtor in a partnership, as to which the judgment creditor is entitled to proceed to obtain a charge under any provision of any written law relating to partnership.
[40/2019]
Execution of deed or indorsement of negotiable instrument
14.—(1)  If —
(a)a judgment or order is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument; and
(b)the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so,
any party interested in having the same executed, signed or indorsed, may —
(c)prepare a deed, or document, or indorsement of the instrument in accordance with the terms of the judgment or order; and
(d)tender the same to the court for execution upon the proper stamp, if any is required by law,
and the signature thereof by the Registrar, by order of the court, has the same effect as the execution, signing or indorsement thereof by the party ordered to execute.
(2)  Nothing in this section is to be held to abridge the powers of the court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such instrument.