High Court (Civil Jurisdiction) (Family Court Fees) Regulations, 2021

High Court Act

High Court (Civil Jurisdiction) (Family Court Fees) Regulations, 2021

Statutory Instrument 91 of 2021

IN EXERCISE of the powers contained in section 43 of the High Court Act, the following Regulations are made:

1. Title

These Regulations may be cited as the High Court (Civil Jurisdiction) (Family Court Fees) Regulations, 2021.

2. Prescribed fees

The fees set out in the Schedule are payable for the matters specified therein

3. Supremacy of Rules

The fees set out in these Rules shall, to the extent of the inconsistency, prevail in the Family Court where there is an inconsistency between the fees set out in these Rules and the fees applicable to the General List.

Schedule (Regulation 2)

Part I – General

No.ItemFee units
1.(a)On filing a writ of summons and accompanying documents750
(b)On filing an originating summons556.67
2.On sealing of concurrent or renewed writ of summons or concurrent originating summons278.34
3.On filing a minor amendment83.34
4.On filing
(i)an affidavit of service; or30
(ii)a certificate of service30
5.On filing defence or an affidavit in opposition300
6.On filing a summons100
7.On filing of summons for restoration of a matter which has been struck out for non-attendance500
8.On filing an interlocutory notice of motion or application not specifically provided for350
9.On filing a skeleton argument76.67
10.On issuing a letter for examination of a witness130
11.On filing a notice of discoveries or interrogatories278.34
12.On examination of a witness before an officer of the court for half an hour or part thereof278.34
13.On application for copies of notes of the judge or court proceedings for use on appeal or any other purpose per page or part thereof66.67
14.On sealing a praecipe for a writ of subpoena for each witness83.34
15.On sealing a writ of subpoena for each witness83.34
16.On filing an affidavit30
17.(a)On personal general searches in the judgment register or in any other civil register for each name66.67
(b)On personal general searches in the judgment register (for unspecified number of names in any one calendar year)2778.3
(c)On a search for appearance or any other search (including inspection) not otherwise provided for83.34
18.On filing a certificate of urgency166.67
19.On sealing an order made in chambers66.67
20.On sealing or filing a writ of execution (including a warrant of attachment of property or earnings)166.67
21.On taking an account of monies received by a person liable to account for monies received, for every K5,000, or fraction thereof66.67
22.On certifying a document per page83.34
23.On commissioning an affidavit83.34
24.On filing a notice of taxation together with a bill of costs166.67
25.On filing a consent on agreed bill of costs5% of the agreed cost
26.On taxing fee on the bill of cost taxed10% of the total sum allowed
27.On filing bundles of documents together with the bill of costs100
28.On an application to register a judgment (including registration) where no fee is provided for by the Act providing for registration278.34
29.Notary Public per page1000
30On filing an application not specifically provided for300
31On filing consent not specifically provided for278.34
32On filing an interlocutory application not specifically provided for278.34
33On filing and sealing an Order of commitment276.67
34On filing a notice of payment into or out of court83.34
35On assisted drafting by Registrar800

Part II – Divorce and matrimonial causes

No.ItemFee units
1.(a)On filing a Divorce petition (and the accompanying documents)1223.33
 (b)On filing a petition or cross petition1223.33
2.On filing an acknowledgment of service113.33
3.On filing a notice of intention to defend113.33
4.On filing a notice to withdraw consent to a decree being granted276.67
5.On filing an answer or a reply to a petition300
6.On filing a request for direction for trial166.67
7.On filing a summons for leave to file pleadings after direction for trial have been given100
8.On filing a notice for the rescission of a decree before a decree is made absolute300
9.On filing a notice of making a decree nisi absolute300
10.On filing an affidavit accounting for a delay to make a decree absolute300
11.On filing a certificate of decree absolute300
12.On filing an application for an ancillary relief566.67
13.On filing an application for leave to issue Judgment Summons278.343
14.On filing a Judgment Summons300

Part III – Probate and letters of administration

No.ItemFee units
1.2On filing:
(a)a declaration of the deceased's estate166.67
(b)an oath of administration or executor166.67
(c)an administration bond166.67
(d)a citation556.6
(e)an appearance to the citation200
On sealing a grant of probate or letters of administration166.67
3.On processing probate or letters of administration366.67
4.On filing an opposition to an application for a grant200
5.On an application for resealing a grant of probate or letters of administration1223.33
6.On sealing any order made in chambers83.34
7.On filing a notice to withdraw application for grant300
8.On filing certificate or affidavit of service60
9.On sealing order granting leave for extension of time within which to register a grant at the Lands and Deeds Registry83.34
10.On filing a certificate of exhibit of publication or other document66.67
11.On filing any motion not specifically provided for300
12.On filing and preserving a Will483.34
13.On withdrawing a Will300
14.On filing a Power of Attorney300
15.Personal general search for inspection in the register for a name or case record66.67
16.On filing a Third Party Notice84
17.On an application to review a grant of representation for purposes of registration280
18.On filing a certificate of agency140
19.On personal search for unspecified numbers of times in the Registry in a calender year2778
20.On filing a notice not specifically provided300
21.On filing a notice of taxation and bill of costs100
22.Taxation fee on profit cost allowed is 10% of the profit cost allowed 

Part IV – Adoptions

No.ItemFee units
1.On filing a petition for adoption556.6
2.On filing an affidavit in support30
3.On filing a consent to adoption order66.67
4.On sealing order appointing a Guardian-ad-litem66.67
5.On sealing an interim order of adoption or any order made in chambers66.67
6.On filing any summons or notice for purposes of interlocutory application100
7.On filing any application not specifically provided for100
8.On commissioning an affidavit83.34
9.On certifying a document as a true copy of the original per page83.34
10.On sealing a praecipe for a writ of subpoena for each witness66.67
11.On sealing a writ of subpoena for each witness83.34

Part V – Affiliation and maintenance of children

No.ItemFee units
1.On filing a summons for affiliation of a child556.67
2.On commissioning an affidavit83.34
3.On certifying document as a true copy of original per page83.34
4.On filing summons for maintenance of a child556.67
5.On filing a complaint83.34
6.On filing summons for custody or access to a child166.67
7.On filing summons for registration of order from Subordinate Court or other courts for enforcement166.67
8.On filing summons for variation of order100
9.On filing any summons not specifically provided for100
10.On filing any order not specifically provided for83.34
11.On sealing any order made in chambers83.34

Part VI – Apeals

No.ItemFee units
1.On filing application for leave to appeal333.33
2.On filing renewed application for leave to appeal to the Court333.33
3.On sealing order granting leave to appeal166.67
4.On filing record of appeal333.33
M. Malila,Chief Justice
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History of this document

31 December 2021 this version
24 December 2021
Assented to