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

Statutory Instrument 91 of 2021

Citation: Statutory Instrument 91 of 2021
Primary work: High Court Act
Date: 31 December 2021
Language: English
Type: Statutory Instrument

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
1.	(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

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History of this document

31 December 2021 this version

Published in Government Gazette

Commenced

24 December 2021

Assented to