No.7
JUDICIAL LAWS AMENDMENT (EASE OF SEHLING COMMERCIAL AND OTHER DISPUTES)
PART II
AMENDMENTS TO HIGH CouRT Acr [CHAPTER
2
7:06]
New section inserted in Cap. 7:06
The principal Act is amended by the insertion in Part IX ("General") after section
46 of the following section-
"46A Specialised divisions of High Court
(1) Whenever, after consultation with the Judge President, it
appears to the Chief Justice that, in the interests of expediting justice
delivery or promoting the ease of access to justice or for any other reason,
it is appropriate to create a specialised division of the High Court in
accordance with section 171(3) of the Constitution, then the Chief Justice
shall, by notice in the Gazette-
(a)
specify the nameofthedivision of the High Court concerned;
and
(b)
define or give a statement of the scope or nature of the
division's subject-matter jurisdiction; and
(c)
if necessary or expedient, specify the places and times at
which judges of the division shall sit.
(2) Specialised divisions of the High Court may be created to
specialise in the adjudication of cases in the field of commercial law,
family law, mining law, electoral law, revenue law, the law of deceased
and insolvent estates or any other specialised field of law.
(3) The Judge President shall assign at least two judges of the
High Court (on a rotational basis with other judges of the High Court or
on such other basis as the Judge President may arrange with the judges
in question) to be judges of a specialised division of the High Court for
such period as the Judge President shall specify.
(4) Whenever the Registrar of the High Court issues out summons
in any matter falling within the jurisdiction of a specialised division of a
High Court, the Registrar shall set the matter down for determination by
a judge in the division concerned.
(5) Rules of court may make different or special provision for
any specialised division of a High Court, but until such provision is made
the rules of court applicable to the High Court generally shall apply to all
such divisions.".
3
Amendment of section 47 of Cap 7:06
Section 47 ("Sittings of High Court") of the principal Act is amended by the
insertion of the following subsection, and the existing section becoming subsection
(1)"(2) Subject to subsection (3), rules of court may provide for the sittings
of the High Court and of the judges of the High Court, whether sitting in court
or in chambers, to be conducted by the use of any electronic or other means of
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2017