(2) For the purposes of this Order, a pauper is a person who is not possessed of
sufficient means to enable him to pay the fees prescribed for the hearing of the suit
or objection as the case may be.
13.
(1) The application for permission to sue as a pauper shall be in writing and shall be
accompanied by:(a) a list of any movable or immovable property belonging to the petitioner
with its estimated value;
(b) a certificate signed by two persons and authenticated in such manner as
the Court may require that the petitioner is a pauper; and
(c) his plaint or memorandum of objection as the case may be.
(2) The Court may require the petitioner to make a declaration on oath or an
affirmation as to the property which he posses or as to his inability to pay the
prescribed fees.
(3) If the Court is satisfied that the petitioner is not a pauper it shall reject the
application.
14.
Where the application is in the proper form and is not rejected under rule 13 (3) the Court
shall summon the defendant to appear and show cause why the petitioner should not be
allowed to sue as a pauper.
15.
Upon the day fixed for the defendant to appear and show cause, the Court shall examine
the petitioner and the defendant (if he appears) with regard to the application and as to the
prospect of success in the suit.
16.
After examination mentioned in rule 15 is concluded, the Court shall make its order
allowing or rejecting the application.
17.
The Court shall reject the application:(a) where the applicant is not a pauper; or
(b) where he has been guilty of any act of bad faith in the matter of
the application; or
(c) where his allegations do not show that he has a reasonable
prospect of success in the suit.
18.
The Court may on the application of the defendant or of its own motion after giving
notice to the plaintiff order the plaintiff to be dispaupered:(a) if he is guilty of vexations or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as a
pauper; or
83
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents