6.
If in garnishee proceedings it is brought to the notice of the Court that some other person other
than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or
claims to have a charge upon, the Court may order that person to attend before the Court and
state the nature of his claim with particulars thereof.
Discharge of garnishee
7.
Any payment made by a garnishee in compliance with an order absolute under this order, and any
execution levied against him in pursuance of such an order shall, be a valid discharge of liability to
the judgment debtor to the extent of the amount paid or levied notwithstanding that the
garnishee proceedings are subsequently set aside or judgment or order from which they
arose is reversed.
ORDER 38
PROCEEDINGS IN FORMA PAUPERIS
Duration of provisions
l.
(1) The provision of this order shall remain in force until statutory provisions are made for legal aid
in connection with civil proceedings before the Court and thereupon shall cease to have effect.
Who may sue or defend in forma pauperis
2.
The Judge may admit a person to sue or defend in forma pauperis, except in bankruptcy
proceedings, if satisfied that his means do not permit him to employ legal aid in the prosecution
of his case and that he has reasonable ground for suing or defending as the case may be.
Conditions to be fulfilled
3.
(1) The application shall, if the Judge so directs, be accompanied by an affidavit signed and
sworn by the applicant himself stating that the application satisfied the requirements of rule 2 of
this order as to his means, and setting forth all the materials facts on which he relies in his desire
to sue or defend, distinguishing between those which are within his personal knowledge and those
which he bases on information and belief, and in the latter case, setting forth the sources of his
information and belief.
(2)
If the application is in the opinion of the Judge, worthy of consideration it shall be referred to a legal
practitioner willing to act, and unless the legal practitioner certifies that in his opinion the
applicant has good cause of action or good ground of defence, as the case may be, the
application shall be refused.
Fees and costs
4.
Courts fees payable by a person admitted to sue or defend in forma pauperis may be remitted
either in whole or in part as a Judge may deem right, and a person so admitted to sue or defend shall
not, unless the Court otherwise orders, be liable to pay or be entitled to receive any costs.
Assignment of legal practitioner
5.
On granting the application, a Judge may assign to the applicant any legal practitioner willing to
be assigned, and any legal practitioner so assigned shall not be discharge by the applicant except
with leave of the Court or of a Judge in Chambers.