Small claims court

Question 1

where it says matters of value not excedding 2 million

Answer 1

section 29A of the Judicature Amendment Act

Question 2

what kind of actions are included

Answer 2

I. Actions for the recovery of money either as a debt or demand or fee or payment or damage or demand including an action for the recovery of damages on accident or personal injury or in any other similar category.
II. Actions for the recovery of movable property

Question 3

what cannot be governed by small claims court

Answer 3

summary procedure on liquid claims

action for the recovery of money to which there are special statutory provisions. E.g. debt recovery special provisions

Question 4

where the procedure to file an action can be found

Answer 4

Small Claims Courts’ Procedure Act No. 33 of 2022.
sections 40 (requisites of a plaint), 46 (subscription of a plaint) of the civil procedure code

file according to form NO. 1 to schedule to small claims court, duly stamped and written claim

Question 5

documents to be filed

Answer 5

affidavit or affidavits in support of the matters stated in the plaint
the document sued upon and all other documentary evidence relied upon by him along with the plaint.

Question 6

section 10

Answer 6

defendant appears on the summons retainable date and he admits to the claim,judgement agaisnt him

Question 7

section 11

Answer 7

defendant does not admit the plaintiff’s claim he shall file a duly stamped written answer along with affidavit or affidavits and all other documentary evidence relied upon by him to contest the plaintiff’s claim or to support his claim in reconvention.

Section 94-100 (interrogaraties) of the CPC shall not apply

The answer shall be filed within 1 month from the date of appearance of the defendant or the time granted by the court in appropriate circumstances to file the answer in the registry with notice to the plaintiff.

Question 8

section 21

Answer 8

upon the filing of the answer or the replication the court shall fix a data for the settlement within a period of 4 weeks from the date of completion of the pleadings

Question 9

section 22

Answer 9

if the case cannot be settled the court shall fix the matter for trial
and procedure in respect of pre-trial shall not apply.

section 121 (list of witnesses) and 175 (documents) not apply

At the trial, it is not mandatory to record issues but the court may on its own motion do so in view of special matters involved.

Question 10

section 29 (1)

Answer 10

any person aggrieved by a judgment of small claims court may prefer an appeal to the relevant high court for the province established by Article 154 P of the constitution for the correction of any error in fact or in law.

Question 11

section 29 (2)

Answer 11

any person aggrieved by an order including the setting aside or refusing to set aside the judgment entered upon default made by any small claims court in the course of any action or proceeding may prefer an appeal to the said High Court with the leave first had and obtained from such court.