LAW REFORM (TRIAL BY JURY) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Amendment of Judicature (Supreme Court) Law

   3   Amendment of Judicature (Resident Magistrates) Law

   4   Amendment of enactments specified in Schedule

   5   Saving provisions

      SCHEDULE

 

THE LAW REFORM (TRIAL BY JURY) ACT

[Date of Commencement: 1st April ,1969]

Act 43 of 1968.

1   Short title

   This Act may be cited as the Law Reform (Trial by Jury) Act.

2   Amendment of Judicature (Supreme Court) Law

   The Judicature (Supreme Court) Law is hereby amended by inserting therein, next after section 41 thereof, the following heading, and the following sections as sections 41A and 41B -

   Cap 180.

"Trial by Jury in Civil Proceedings

41A   Trial with jury

   (1) Subject as hereinafter provided, if, in relation to a civil cause or matter to be tried in the Supreme Court, an application is made by a party thereto, before the mode of trial is first determined, for the cause or matter to be tried with a jury, and the Court or a Judge is satisfied that-

   (a)   an allegation of fraud against that party; or

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   (b)   a claim in respect of slander, libel, false imprisonment, malicious prosecution, seduction or breach of promise of marriage,

is in issue, the cause or matter shall be ordered to be tried with a jury, unless the Court or Judge is of opinion that the trial thereof requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury, but, save as aforesaid, any civil cause or matter to be tried in the Supreme Court, may, in the discretion of the Court or a Judge, be ordered to be tried either with or without a jury.

   (2) The provisions of subsection (1) of this section shall be without prejudice to the power of the Court or a Judge to order that different questions of fact arising in any civil cause or matter be tried by different modes of trial, and where any such order is made the provisions of subsection (1) of this section requiring trial with a jury in certain cases shall have effect only as respects questions relating to any such allegation or claim as is mentioned in that subsection.

41B   Trial without jury

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