THE GOVERNMENT PROCEEDINGS ACT.

Statutory Instrument 77—1.

The Government Proceedings (Civil Procedure) Rules.

Arrangement of Rules.

Rule
1. Citation.
2. Interpretation.
3. Application of Civil Procedure Rules.
4. Appearances.
5. Service of documents.
6. Judgment in default.
7. Third party notice.
8. Certain provisions of Order V not to apply.
9. Plaint to contain additional information.
10. Proceedings in rem.
11. Time for filing defence.
12. Setoff and counterclaim.
13. Discovery.
14. Certificate of order against the Government.
15. Certain provisions of the principal Rules not to apply.
16. Attachment of monies payable by the Government.
17. Summary procedure.

Schedule

Schedule Forms.
 THE GOVERNMENT PROCEEDINGS ACT.

Statutory Instrument 77—1.

The Government Proceedings (Civil Procedure) Rules.1

(Under section 41 of the Judicature Act and section 26 of this Act.)

1. Citation.

These Rules may be cited as the Government Proceedings (Civil Procedure)

Rules.

2. Interpretation.

(1) In these Rules—

(a) “civil proceedings by the Government” and “civil proceedings
against the Government” and “civil proceedings by or against the
Government” have the same respective meanings as in Part III of
the Government Proceedings Act, but do not include any of the
proceedings specified in section 17(3) of that Act;
(b) “civil proceedings to which the Government is a party” has the
same meaning as it has for the purposes of Parts IV and V of the
Government Proceedings Act, by virtue of section 1(3) of that
Act.

(2) In the Civil Procedure Rules (hereafter referred to as the

“principal Rules”), except where the context otherwise requires, references
to suits where the subject matter is immovable or movable property shall be
construed as including proceedings against the Government for an order
declaring that the plaintiff is entitled as against the Government to such
property or to possession of the property.

1
These Rules were made under the Government Proceedings Act, 1964 Revision, Cap. 69,
section 27, and the Civil Procedure Act, 1964 Revision, Cap. 65, section 85. Section 85 of
the Civil Procedure Act was repealed by the Judicature Act, Act 11/1967, but section 48 of
that Act provided that any rules made under section 85 “...relating to the High Court and in
force immediately before the commencement of the Act shall, with such modifications as
the Rules Committee may consider necessary to bring them into conformity with the
provisions of this Act, continue in force until they are replaced by Rules made pursuant to
the provisions of this Act.”
3. Application of Civil Procedure Rules.

Subject to the Government Proceedings Act and these Rules—

(a) the principal Rules shall, so far as may be, apply to all civil
proceedings by or against the Government; and
(b) civil proceedings by or against the Government shall, so far as
may be, take the same form as civil proceedings between private
persons, and shall, if no special form is applicable, take the form
of a suit instituted by a plaint.

4. Appearances.

(1) The Attorney General may appoint in writing any officer of the
Government to act for the Government in any civil proceedings or class of
civil proceedings.

(2) In any civil proceedings by or against the Government, any

application to or appearance or act in any court required or authorised by the
law to be made or done by a party in the court may be made or done on
behalf of the Government by—
(a) the Attorney General or any officer of the Government entitled
to practise as an advocate in connection with the duties of his or
her office;
(b) within the scope of his or her appointment, a person duly
appointed to act for the Government under subrule (1) of this
rule; or
(c) an advocate duly instructed.

(3) Where the Attorney General is by virtue of section 10 of the

Government Proceedings Act a party to any proceedings, the exception to
rule 1 of Order III of the principal Rules shall not apply.

5. Service of documents.

(1) Service of a document on the Attorney General for the purpose

of or in connection with civil proceedings by or against the Government shall
be effected by delivering or sending the document to be served and a
duplicate or copy of the document to the office of the Attorney General, and
shall be deemed not be complete until the Attorney General or another officer
of the Government entitled to practise as an advocate in connection with the
duties of his or her office has endorsed an acknowledgement of service on the
document to be served.

(2) In this rule, “document” includes a notice, pleading, order,

summons, warrant and any written proceeding or communication.

6. Judgment in default.

Judgment shall not be entered, and no order shall be made, against the
Government in default of appearance or pleading under any provision of the
principal Rules without leave of the court, and any application for such leave
shall be made by summons served not less than seven days before the return
day.

7. Third party notice.

Leave to issue a third party notice for service on the Government shall not be
granted unless the court is satisfied that the Government is in possession of
all such information as it reasonably requires as to the circumstances in
which it is alleged that the liability of the Government has arisen and as to
the departments and officers of the Government concerned.

8. Certain provisions of Order V not to apply.

In the case of civil proceedings against the Government—

(a) the provisions of rule 1(1)(b) of Order V of the principal Rules
and the provisions of rules 3, 4, 20, 21, 22, 23, 24, 25, 26 and 27
of that Order shall not apply; and
(b) where a summons is issued under rule 1(1)(a) of that Order the
time limited by the summons for entry of appearance shall be not
less than thirty days.

9. Plaint to contain additional information.

(1) Every plaint in civil proceedings against the Government shall

contain information as to the circumstances in which it is alleged that the
liability of the Government has arisen and as to the Government departments
and officers of the Government concerned.

(2) In such proceedings if the defendant considers that the plaint does
not contain sufficient information of the kind referred to in this rule, he or she
may, at any time before the time limited by the summons for entry of
appearance has expired, by notice in writing served on the plaintiff by post,
request such further information of the kind referred to in this rule as is
specified in the notice.

(3) Where such a notice has been given the time for appearance shall
expire four days after the defendant has served on the plaintiff by post notice
in writing that the defendant is satisfied or four days after the court has, on
the application of the plaintiff by summons served on the defendant not less
than seven days before the return day, decided that no further information of
the kind referred to in this rule is reasonably required.

10. Proceedings in rem.

Any application such as is referred to in section 23(2) of the Government

Proceedings Act (which relates to proceedings in rem instituted against
property belonging to the Government), may be made to the court at any time
before trial by motion, or may be made at the trial of the proceedings.

11. Time for filing defence.

In the case of civil proceedings against the Government, rule 1 of Order VIII
of the principal Rules shall have effect as if the words “thirty days” were
substituted for the words “fifteen days” which occur in that rule.

12. Setoff and counterclaim.

A person shall not be entitled to avail himself or herself of any setoff or

counterclaim in any proceedings by the Government for the recovery of
taxes, duties or penalties, or to avail himself or herself, in proceedings by the
Government of any other nature, of any setoff or counterclaim arising out of
a right or claim to repayment in respect of any taxes, duties or penalties.

13. Discovery.

In civil proceedings to which the Government is a party—

(a) if an application is made for leave to deliver interrogatories to be
answered by the Government, the application shall state by what
officer of the Government the interrogatories are to be answered;
(b) any affidavit to be made in answer to an order for discovery
against the Government shall be made by such officer of the
Government as the court shall direct; and
 (c) any order of the court made under the powers conferred by
section 22(1) of the Government Proceedings Act shall be
construed as not requiring disclosure of the existence of any
document, the existence of which it would in the opinion of a
Minister be injurious to the public interest to disclose.

14. Certificate of order against the Government.

(1) Any application for a certificate under section 19 of the

Government Proceedings Act (which relates to the satisfaction of orders
against the Government), shall be made to the chief registrar or district
registrar, as the case may be, or, in the case of a magistrate’s court, to the
court.

(2) Any application under section 19 of the Government Proceedings

Act for a direction that a separate certificate be issued with respect to costs
ordered to be paid to the applicant shall be made to the court, and may be
made ex parte without summons.

(3) Any such certificate shall be in whichever of the forms contained

in the Schedule to these Rules is appropriate, with such variation as
circumstances may require.

15. Certain provisions of the principal Rules not to apply.

Where an order of the kind mentioned in section 19 of the Government

Proceedings Act has been made, the following provisions of the principal
Rules shall not apply—
(a) Order XXII (Execution of decrees and orders);
(b) Order XXIII (Attachment of debts);
(c) Order XLII (Appointment of receivers).

16. Attachment of monies payable by the Government.

(1) No order for attachment of debts under Order XXIII, or for the
appointment of a receiver under Order XLII of the principal Rules shall be
made or have effect in respect of any money due or accruing or alleged to be
due or accruing from the Government.

(2) In a case where it is alleged that such an order could have been
obtained and would have had effect in respect of such money if it had been
due or accruing from a private person, the court may on the application by
summons of the judgment creditor make an order restraining the judgment
debtor from receiving such money and directing the payment by the
Government to the judgment creditor or receiver; and the court may appoint
a receiver for that purpose.

(3) No such order shall be made in respect of money which is subject

to the provisions of any enactment prohibiting or restricting assigning or
charging or taking in execution.

(4) Any such summons shall be served at least four days before the
return day on the Government and, unless otherwise ordered, on the
judgment debtor. Service on the judgment debtor shall be in the manner
provided for such service by rule 1 of Order XXIII of the principal Rules.
Service on the Government shall be effected by service on the Attorney
General in accordance with rule 4 of these Rules.

(5) If the Government disputes liability, the court may order that any
issue or question necessary for determining the Government’s liability be
tried or determined in any manner in which any issue or question in a suit
may be tried or determined. Where it is contended by the Government that
the debt with reference to which the proceedings are taken belongs to some
third person, or that any third person has a claim upon it, the court may order
the third person to appear and state the nature and particulars of his or her
claim upon the debt. After hearing any such third person and any other
person whom by the same or subsequent order the court may require to
appear, the court may bar the claim of the third person, or make such order
with respect to his or her claim as it thinks fit, upon such terms, in all cases,
with respect to the third person’s claim, if any, and to costs, as it thinks just
and reasonable. If the third person does not appear when ordered, the court
may exercise any powers which it might have exercised if he or she had
appeared.

(6) In this rule, “judgment debtor” means the person against whom
the order for attachment of debts or the appointment of a receiver could have
been obtained, and “judgment creditor” means the person in whose favour
such an order could have been obtained, if in each case the money in respect
of which the order is sought had been due or accruing from a private person.

17. Summary procedure.

 (1) In the case of civil proceedings by the Government taken under
Order XXXVI of the principal Rules, the cause of action shall be deemed to
be sufficiently verified if an affidavit is made by an officer of the
Government stating that to the best of his or her knowledge and belief the
plaintiff is entitled to the relief claimed and there is no defence to the suit.

(2) In the case of civil proceedings against the Government, Order

XXXVI of the principal Rules shall not apply.

(3) Notwithstanding subrule (2) of this rule, civil proceedings against

the Government may, when they are set down for hearing, be put into any
special list which is kept for the trial of short causes in which leave to defend
is given under Order XXXVI of the principal Rules, if having regard to the
probable duration of the proceedings it is, in the opinion of the officer
appointed by the court to be responsible for such special list, expedient to do
so.

_____
 Schedule.
rule 14.
Forms.

Form A.
Certificate of Order Against the Government

(Title.)

By a judgment (decree) (order) of this court dated the ______ day of

_______________, 20 ____, it was adjudged (decreed) (ordered)—

(Give particulars of the judgment, decree or order.)

I certify that the amount payable to _____________________ by

_____________________ in pursuance of the judgment (decree)(order) is
__________________________ (together with interest on that amount from
the ______ day of _______________, 20 ____, until the date of payment,
and together with the costs which have been taxed and certified by the chief
registrar at _______________. Interest is payable on those costs from the
______ day of _______________, 20 ____, until the date of payment.1)

This certificate does not include the amount payable under the judgment
(decree) (order) in respect of costs.2

Signed _________________________________

1
Omit so far as not required.
2
To be included where a separate certificate has been directed to be issued as to costs.
 Form B.
Certificate of Order for Costs Against the Government.

(Title.)

By a judgment (decree) (order) of this court dated the ______ day of

_______________, 20 ____, it was adjudged (decreed) (ordered)—

(Give particulars of the judgment, decree or order.)

I certify that the costs payable to ________________________________ by

_____________________ in pursuance of the judgment (decree)(order) have
been taxed and certified by the chief registrar at _______________________.

Interest is payable on those costs from the ______ day of _______________,

20 ____, until the date of payment.1

Signed _________________________________

_____

History: S.I. 69-1; S.I. 135/1968, para. 1.

Cross Reference

Civil Procedure Rules, S.I. 71-1.

_____

1
Omit where not required.