Masters of the Supreme Court (Jurisdiction and Powers) Rules, 2008 (Statutory Instrument 19 of 2008)

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Constitution of the Republic of Seychelles (Chapter 42)

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This is the latest version of this legislation commenced on 01 Jun 2020.

Seychelles

Constitution of the Republic of Seychelles

Masters of the Supreme Court (Jurisdiction and Powers) Rules, 2008

Statutory Instrument 19 of 2008

Commenced on 21 April 2008
[This is the version of this document as it was at 1 June 2020 to 9 January 2022.]

1.

These Rules may be cited as the Masters of the Supreme Court (Jurisdiction and Powers) Rules, 2008.

2.

A Master shall hear and determine any matter under the Seychelles Code of Civil Procedure or such other enactment as the Chief Justice determines, which is of an interlocutory nature.

3.

(1)In exercising such functions as provided in rule 2, a Master shall have the power and jurisdiction to deal with matters, including the following

(a)uncontested appointment and confirmation of executors;

(b)uncontested appointment of fiduciaries;

(c)rectification of entries in the Births and Death Registers;

(d)application for late registration of births;

(e)uncontested divorce cases;

(f)orders in the nature of provisional seizures, attachments, inhibitions, cautions and restrictions and interim injunctions;

(g)review of payments by judgment debtors excluding issuing of warrants for arrest and examination of judgment debtors as to their means prior to committal.

(2)Where in any such matter, a dispute requiring a final order arises, such matter, at that stage shall be referred to a Judge for determination.

(3)A Master shall have power and jurisdiction to deal with all matters of pleadings and procedure up to the stage of hearing, in civil cases, and such other matters as determined by the Chief Justice.

(4)A Master shall have no power or jurisdiction—

(a)to do any act affecting the liberty of a party in such litigation or any third party connected thereto;

(b)over any matter or proceeding in any enactment except on matters provided in rules 2 and rule 3(1), (2) and (3), which are required to be dealt with only by a Judge.

4.

A party aggrieved by a Ruling or Order of an interlocutory nature made by a Master may appeal to a single Judge of the Supreme Court within 14 days of such Ruling or Order.