Registrar of Courts' duties vis-a-vis the judiciary : some conflicting interpretations

Abstract

This paper deals with a historical account of the conflicting opinions as to the proper interpretation of the precise duties carried out by the Registrar of Courts under article 57(3) of the Code of Organization and Civil Procedure (hereinafter referred to as 'the Code') prior to its amendment on 30 March 2004. It will first set out the provision of article 57(3) of the Code which dealt with the duties to be earned out by the Registrar of Courts vis-a-vis the judiciary. The legislative history of this provision under examination will be analysed in order to establish whether any substantial changes have been made thereto throughout the passage of time bearing in mind that nearly 120 years have elapsed since its entry into force. Two case studies which revolve on the proper application and interpretation of this provision will also be considered. Reference will also be made to the latest amendment to the provision under scrutiny effected by the Courts and Tribunals Procedures Act, 2002 and I will end by recommending that this provision should be updated to present needs.