Civil Law Act

2020 Revised Edition Civil Law Act CAP. 5.01 Arrangement of Sections C CIVIL LAW ACT T Arrangement of Sections Section

1 Short title.......................................................................................................... 5

2 Interpretation.................................................................................................... 5

3 General civil law to be applied ........................................................................ 5

4 Extent of application ........................................................................................ 6

5 Mode of application ......................................................................................... 6

6 Removal of doubts ........................................................................................... 6 to

2020 Revised Edition Page 3 Civil Law Act CAP. 5.01 Section 1 C T CIVIL LAW ACT AN ACT TO PROVIDE FOR THE APPLICATION BY COURTS OF THE COMMON LAW OF ENGLAND AND RULES OF EQUITY AND MATTERS INCIDENTAL THERETO1 Commencement [18th October, 1966]

1 Short title This Act may be cited as the Civil Law Act.

2 Interpretation In this Act, unless the context otherwise requires — “Court” means any Court of the Kingdom of competent jurisdiction and includes any Judge or Magistrate thereof whether sitting in court or in chambers; “Judge” includes Magistrate and a member of the Privy Council or other official when performing judicial functions.

3 General civil law to be applied Subject to the provisions of this Act, the Court shall apply the common law of England and the rules of equity in force in England.2 to

2020 Revised Edition Page 5 Section 4 CAP. 5.01 Civil Law Act

4 Extent of application3 The Common Law of England and the rules of equity referred to in section 3 of this Act shall be applied by the Court — (a) only so far as no other provision has been, or may hereafter be, made by or under any Act in force in the Kingdom; and (b) only so far as the circumstances of the Kingdom and of its inhabitants permit and subject to such qualifications as local circumstances render necessary.

5 Mode of application For the purpose of facilitating the application of any law to be applied by virtue of the provisions of section 4 of this Act, it shall be lawful for the Court to construe the same with such verbal alteration not affecting the substance as may be necessary to render the same applicable to the matter before the Court, and every judge or officer having or exercising functions of the like kind, or analogous to, the functions of any judge or officer referred to in any such law, shall be deemed to be within the meaning of the provisions thereof relating to such last mentioned judge or officer.

6 Removal of doubts For the removal of doubts it is hereby declared that no judgment of the Court delivered before the date on which this Act shall come into force, shall be set aside or varied, whether on appeal, or otherwise, solely on the ground that such judgment is supportable only by the application of a principle of the common law of England or a rule of equity in force in England on the date when such judgment was delivered, unless it is shown to the satisfaction of the Court or other authority reviewing such judgment that the application of such principle or rule conflicted with a provision of written law relevant to the proceedings, in force in the Kingdom on the date when such judgment was delivered.4 to Page 6 2020 Revised Edition Civil Law Act CAP. 5.01 Endnotes ENDNOTES 1

1988 Revised Edition Cap. 25 – Acts 12 of 1966 and 12 of 1983; Amending Acts after 1988 Amending Acts Commencement Act 9 of 2003 26th August 2006 Act 46 of 2010 24th November 2010 2 Amended by Acts 12 of 1983 and 9 of 2003 3 Amended by Acts 9 of 2003 and 46 of 2010 4 Amended by Act 9 of 2003 to

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