CHAPTER
80
CIVIL PROCEDURE (AWARD OF INTEREST) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Judgment debts to carry interest. |
Award of interest upon debts and damages. |
CHAPTER 80 |
CIVIL PROCEDURE
(AWARD OF INTEREST) |
An Act to
provide for the award of interest upon debts and damages in court and for court
judgments in civil matters to carry interest. | 8 of 1992 |
[Assent 7th April,
1992]
[Commencement 1st August, 1992] |
1. This Act may be cited as the Civil Procedure (Award
of Interest) Act, 1992. | Short title. |
2. (1) Every judgment debt shall carry interest at such
rate as shall be prescribed by rules of court made by the Rules Committee
constituted by section 75 of the Supreme Court Act, and such
interest may be levied under a writ of execution on such judgment: | Judgment debts to carry interest. |
Provided that
nothing in this section shall apply in relation to any judgment debt upon which
interest is payable as of right, whether by virtue of an agreement or
otherwise. |
(2) Interest under
this section shall run- |
(a) if the
judgment has been obtained in the Supreme Court, from the time of entering it
up; and |
(b) if the
judgment has been obtained in a Magistrate's Court, from the date when it was
pronounced in open court, |
and in
either case until the same is satisfied. |
3. (1) In any proceedings tried in any court, whether or
not a court of record, for the recovery of any debt or damages, the court may
if it thinks fit, order that there shall be included in the sum for which
judgment is given interest at such rate as it thinks fit on the whole or any
part of the debt or damages for the whole or any part of the period between the
date when the cause of action arose and the date of the judgment: | Award of interest upon debts and damages. |
Provided that
nothing in this section- |
(a) shall
authorise the giving of interest upon interest; or |
(b) shall apply
in relation to any debt upon which interest is payable as of right, whether by
virtue of any agreement or otherwise; or |
(c) shall
affect the damages recoverable for the dishonour of a bill of exchange. |
(2) Where in any
such proceedings as are mentioned in subsection (1) judgment is given for a sum
which (apart from interest or damages) exceeds three thousand dollars and
represents or includes damages in respect of personal injuries to the plaintiff
or any other person, or in respect of a person's death, then (without prejudice
to the exercise of the power conferred by that subsection in relation to any
part of that sum which does not represent such damages) the court shall
exercise that power so as to include in that sum interest on those damages or
on such part of them as the court considers appropriate, unless the court is
satisfied that there are special reasons why no interest should be given in
respect of those damages. |
(3) Any order
under this section may provide for interest to be calculated at different rates
in respect of different parts of the period for which interest is given,
whether that period is the whole or part of the period mentioned in subsection
(1). |
(4) In this
section "personal injuries" includes any disease and any impairment
of a person's physical or mental condition. |