CAP. 75
(c)
(d)
(e)
(f)
Criminal Procedure Code
[Rev. 2012]
that any prisoner detained in a prison situated within those limits be
brought before the court to be there examined as a witness in any
matter pending or to be inquired into in that court;
that any prisoner so detained be brought before a court martial or
commissioners acting under the authority of a commission from the
President for trial to be examined touching any matter pending before
the court martial or commissioners respectively;
that any prisoner within those limits be removed from one custody to
another for the purpose of trial; and
that the body of a defendant within those limits be brought in on a
return of cepi corpus to a writ of attachment.
(2) The Chief Justice may make rules of court to regulate the procedure in
cases under this section.
[Act No. 27 of 1961, Sch., L.N. 124/1964.]
389A. Procedure on forfeiture of goods
(1) Where, by or under any written law (other than section 29 of the Penal
Code), any goods or things may be (but are not obliged to be) forfeited by a court,
and that law does not provide the procedure by which forfeiture is to be effected,
then, if it appears to the court that the goods or things should be forfeited, it shall
cause to be served on the person believed to be their owner notice that it will, at
a specified time and place, order the goods or things to be forfeited unless good
cause to the contrary is shown; and, at that time and place or on any adjournment,
the court may order the goods or things to be forfeited unless cause is shown by
the owner or some person interested in the goods or things:
Provided that, where the owner of the goods or things is not known or cannot
be found, the notice shall be advertised in a suitable newspaper and in such other
manner (if any) as the court thinks fit.
(2) If the court finds that the goods or things belong to some person who was
innocent of the offence in connexion with which they may or are to be forfeited and
who neither knew nor had reason to believe that the goods or things were being
or were to be used in connexion with that offence and exercised all reasonable
diligence to prevent their being so used, it shall not order their forfeiture; and where
it finds that such a person was partly interested in the goods and things it may order
that they be forfeited and sold and that such person shall be paid a fair proportion
of the proceeds of sale.
[Act No. 13 of 1967, s. 4.]
MISCELLANEOUS
390. Persons before whom affidavits may be sworn
Affidavits and affirmations to be used before the High Court may be sworn and
affirmed before a judge of the High Court, a magistrate, the Registrar or Deputy
Registrar of the High Court or a commissioner for oaths.
[Act No. 10 of 1983, Sch.]
[Issue 1]
C44 - 108
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