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

Jurisdiction
Zambia
Citation
Statutory Instrument 91 of 2021
Primary work
High Court Act
Date
31 December 2021
Language
English
Type
Legislation
Download
Download PDF (303.9 KB)
Zambia
High Court Act

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

Statutory Instrument 91 of 2021

  • Published in Government Gazette on 31 December 2021
  • Assented to on 24 December 2021
  • Commenced on 31 December 2021
  • [This is the version of this document from 31 December 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. Item Fee units
1. (a) On filing a writ of summons and accompanying documents 750
(b) On filing an originating summons 556.67
2. On sealing of concurrent or renewed writ of summons or concurrent originating summons 278.34
3. On filing a minor amendment 83.34
4. On filing
(i) an affidavit of service; or 30
(ii) a certificate of service 30
5. On filing defence or an affidavit in opposition 300
6. On filing a summons 100
7. On filing of summons for restoration of a matter which has been struck out for non-attendance 500
8. On filing an interlocutory notice of motion or application not specifically provided for 350
9. On filing a skeleton argument 76.67
10. On issuing a letter for examination of a witness 130
11. On filing a notice of discoveries or interrogatories 278.34
12. On examination of a witness before an officer of the court for half an hour or part thereof 278.34
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 thereof 66.67
14. On sealing a praecipe for a writ of subpoena for each witness 83.34
15. On sealing a writ of subpoena for each witness 83.34
16. On filing an affidavit 30
17. (a) On personal general searches in the judgment register or in any other civil register for each name 66.67
(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 for 83.34
18. On filing a certificate of urgency 166.67
19. On sealing an order made in chambers 66.67
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 thereof 66.67
22. On certifying a document per page 83.34
23. On commissioning an affidavit 83.34
24. On filing a notice of taxation together with a bill of costs 166.67
25. On filing a consent on agreed bill of costs 5% of the agreed cost
26. On taxing fee on the bill of cost taxed 10% of the total sum allowed
27. On filing bundles of documents together with the bill of costs 100
28. On an application to register a judgment (including registration) where no fee is provided for by the Act providing for registration 278.34
29. Notary Public per page 1000
30 On filing an application not specifically provided for 300
31 On filing consent not specifically provided for 278.34
32 On filing an interlocutory application not specifically provided for 278.34
33 On filing and sealing an Order of commitment 276.67
34 On filing a notice of payment into or out of court 83.34
35 On assisted drafting by Registrar 800

Part II – Divorce and matrimonial causes

No. Item Fee units
1. (a) On filing a Divorce petition (and the accompanying documents) 1223.33
  (b) On filing a petition or cross petition 1223.33
2. On filing an acknowledgment of service 113.33
3. On filing a notice of intention to defend 113.33
4. On filing a notice to withdraw consent to a decree being granted 276.67
5. On filing an answer or a reply to a petition 300
6. On filing a request for direction for trial 166.67
7. On filing a summons for leave to file pleadings after direction for trial have been given 100
8. On filing a notice for the rescission of a decree before a decree is made absolute 300
9. On filing a notice of making a decree nisi absolute 300
10. On filing an affidavit accounting for a delay to make a decree absolute 300
11. On filing a certificate of decree absolute 300
12. On filing an application for an ancillary relief 566.67
13. On filing an application for leave to issue Judgment Summons 278.343
14. On filing a Judgment Summons 300

Part III – Probate and letters of administration

No. Item Fee units
1.2 On filing:
(a) a declaration of the deceased's estate 166.67
(b) an oath of administration or executor 166.67
(c) an administration bond 166.67
(d) a citation 556.6
(e) an appearance to the citation 200
On sealing a grant of probate or letters of administration 166.67
3. On processing probate or letters of administration 366.67
4. On filing an opposition to an application for a grant 200
5. On an application for resealing a grant of probate or letters of administration 1223.33
6. On sealing any order made in chambers 83.34
7. On filing a notice to withdraw application for grant 300
8. On filing certificate or affidavit of service 60
9. On sealing order granting leave for extension of time within which to register a grant at the Lands and Deeds Registry 83.34
10. On filing a certificate of exhibit of publication or other document 66.67
11. On filing any motion not specifically provided for 300
12. On filing and preserving a Will 483.34
13. On withdrawing a Will 300
14. On filing a Power of Attorney 300
15. Personal general search for inspection in the register for a name or case record 66.67
16. On filing a Third Party Notice 84
17. On an application to review a grant of representation for purposes of registration 280
18. On filing a certificate of agency 140
19. On personal search for unspecified numbers of times in the Registry in a calender year 2778
20. On filing a notice not specifically provided 300
21. On filing a notice of taxation and bill of costs 100
22. Taxation fee on profit cost allowed is 10% of the profit cost allowed  

Part IV – Adoptions

No. Item Fee units
1. On filing a petition for adoption 556.6
2. On filing an affidavit in support 30
3. On filing a consent to adoption order 66.67
4. On sealing order appointing a Guardian-ad-litem 66.67
5. On sealing an interim order of adoption or any order made in chambers 66.67
6. On filing any summons or notice for purposes of interlocutory application 100
7. On filing any application not specifically provided for 100
8. On commissioning an affidavit 83.34
9. On certifying a document as a true copy of the original per page 83.34
10. On sealing a praecipe for a writ of subpoena for each witness 66.67
11. On sealing a writ of subpoena for each witness 83.34

Part V – Affiliation and maintenance of children

No. Item Fee units
1. On filing a summons for affiliation of a child 556.67
2. On commissioning an affidavit 83.34
3. On certifying document as a true copy of original per page 83.34
4. On filing summons for maintenance of a child 556.67
5. On filing a complaint 83.34
6. On filing summons for custody or access to a child 166.67
7. On filing summons for registration of order from Subordinate Court or other courts for enforcement 166.67
8. On filing summons for variation of order 100
9. On filing any summons not specifically provided for 100
10. On filing any order not specifically provided for 83.34
11. On sealing any order made in chambers 83.34

Part VI – Apeals

No. Item Fee units
1. On filing application for leave to appeal 333.33
2. On filing renewed application for leave to appeal to the Court 333.33
3. On sealing order granting leave to appeal 166.67
4. On filing record of appeal 333.33
M. Malila,Chief Justice
▲ To the top

History of this document

31 December 2021 this version
Commences.
24 December 2021
Assented to.