Order 48 — Jurisdiction of Chief Registrar

In this Order, any reference to the Chief Registrar means the Chief Registrar of the Court and includes the Deputy Chief Registrar.

The Chief Registrar may transact all such businesses and exercise all such authority and jurisdiction as may be transacted or exercised by a Judge in respect of the following matters:
(a) applications for the taxation and delivery of bills of costs and applications for the delivery by any Legal Practitioner of deeds, documents and papers;
(b) the taking of an account in any case where a Judge has ordered that the account be taken by the Chief Registrar;
(c) the taxation of bills of costs; and
(d) applications leading to the grant of Letters of Administration With Will, Letters of Administration Without Will or common form probate business.

(1) Where it appears to the Chief Registrar that it is proper that any matter be referred for the decision of a Judge, he may refer such matter to the Chief Judge or the Judge who referred the matter to the Chief Registrar.

(2) The Chief Judge or the Judge may either dispose of the matter or refer the same back to the Chief Registrar with such directions as he may deem fit.

(1) Any person affected by an Order or decision of the Chief Registrar in the exercise of the jurisdiction conferred upon him by this Order may appeal therefrom to a Judge within the jurisdiction from where the matter was instituted.

(2) Such appeal shall be by Notice in writing without a fresh Summons to appear before the Judge within five (5) days after the decision complained of or such further time as may be allowed by the Judge.

(3) Unless otherwise ordered by the Judge:
(a) there shall be at least two clear days between service of the Notice of Appeal and the day of hearing; and
(b) an Appeal from the decision of the Chief Registrar shall not operate as a stay of proceedings.

Lists of matters to be heard by the Chief Registrar shall be made out and published by being posted on the Court’s Notice Boards.

In any proceedings before the Chief Registrar under the jurisdiction vested in him by this Order, a Legal Practitioner may represent any party.

(1) Except as otherwise provided for in these Rules, the directions to be given for or concerning any proceedings before the Chief Registrar shall require no particular form but the result of such proceedings shall be stated in a concise Certificate.

(2) The Certificate of the Chief Registrar regarding accounts and inquiries shall not, unless the circumstances of the case render it necessary, set out the Judgement or Order or any documents or evidence or reasons but shall refer to the Judgement or Order, documents and evidence or particular paragraphs thereof, so that it may appear upon what the result stated in the Certificate is founded.

(1) In case of accounts and inquiries, the Certificate of the Chief Registrar shall be as in Form 36 with such variations as the circumstances may require and the certificate shall:
(a) state the result of the account and not set the same out by way of schedule;
(b) refer to the account verified by the affidavit filed;
(c) specify by the numbers attached to the items in the account which, if any, of such items have been disallowed or varied;
(d) state what additions, if any, have been made by way of surcharge or otherwise; and
(e) where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account so altered, such transcript may be required to be made by the party prosecuting the Judgement or Order and shall then be referred to by the Certificate.

(2) The accounts and transcripts, if any, referred to by the Certificates shall be filed therewith.

Every Certificate with the accounts, if any, to be filed therewith shall be transmitted by the Chief Registrar to the Registry for filing and shall thenceforth be binding on all the parties to the proceedings unless discharged or varied upon an application made to a Judge before the expiration of eight clear days after the filing of the Certificate.

When taxing a Bill of Costs, the Chief Registrar shall:
(a) insert in red ink against every item disallowed, reduced or altered by him, the substance of the modification made by him;
(b) at the bottom of the Bill of Costs, certify the net result of the taxation;
(c) transmit Bill of Costs to the Registry for filing, and the provisions of Rule 9 of this Order shall apply in respect of such Certificate.

The Judge may, if the special circumstances of the case require, upon an application direct a Certificate to be discharged or varied at any time after the same has become binding on the parties.