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Table of Contents
Small Claims Courts Act, 1984 (Act No. 61 of 1984)
Notice No. 900 of 1984
Act
1. Definitions
Chapter I : Establishment and Nature of Small Claims Courts
2. Establishment of courts
3. Nature of courts and force of process
4. Courts open to public
5. Language medium at proceedings
6. Inspection of documents by public and custody thereof
7. Parties who may appear in court
Chapter II : Presiding Officers and Officers of the Court
8. Presiding officers
9. Appointment of commissioners
10. Procedure in case of absence or incapacity of commissioners
11. Officers of court
Chapter III : Jurisdiction
12. Area of jurisdiction
13. Transfer of actions
14. Jurisdiction in respect of persons
15. Jurisdiction in respect of causes of action
16. Matters beyond jurisdiction
17. Incidential jurisdiction
18. Abandonment of part of claim
19. Deduction of admitted debt
20. Splitting of claims disallowed
21. Cumulative jurisdiction
22. No jurisdiction by virtue of consent of parties
23. Cessation of action
24. Defendants subject to jurisdiction of courts
Chapter IV : Rules of Court
25. Power of Rules Board for Courts of Law to make rules
Chapter V : Procedure and Evidence
26. Procedure
27. Evidence
28. Evidence to be given under oath
29. Institution of actions
30. Withdrawal of claims
31. Joinder of plaintiffs
32. Joinder of defendants
33. Amendment of documents
Chapter VI : Judgment and Costs
34. Judgment
35. Judgment by default or by consent
36. Rescission of certain judgments
37. Costs
Chapter VII : Execution
38. Money to be paid direct to judgment creditor
39. Inquiry into financial position
40. Offer by judgment debtor after judgment
41. Manner of execution
42. Property exempt from execution
43. Notice of change of address by judgment debtor
44. [Repealed]
Chapter VIII : Review
45. Judgment or order final
46. Grounds of review
Chapter IX : Offences
47. Offences relating to execution
48. Contempt of court
Chapter X : General and Supplementary Provisions
49. Jurisdiction as to plea of ultra vires
50. Pending proceedings
51. Short title and commencement
Rules
Rules Regulating Matters in respect of Small Claims Courts
Notice No. R. 1893 of 1985
1. Definitions
2. Advisory Board
3. Duties of the clerk of the court
4. Sheriff
5. Duties of the legal assistant
6. Oath of office of interpreters
7. Oath of witnesses
8. Contents of letter of demand
9. Summons commencing action
10. Contents of summons
11. Amendment of summons
12. Service of a summons by a plaintiff
13. Service of processes by sheriff
14. Written statement of defence
15. Consent to judgment
16. Amendment of a written statement of defence or other document
17. Process in execution
18. Second or further warrants
19. [Repealed] Execution against movable property
20. [Repealed] Execution against immovable property
21. [Repealed] General provisions regarding execution
22. Withdrawal of an action
23. Representation of parties
24. Non-compliance with rules, including time limits and eerrors
25. Costs
26. Fees of the sheriff
27. Actions by and against partners, a person carrying on business in a name or style other than his own name, syndicate or association
Annexures
Annexure 1 : Forms
Form No. 1 : Summons Commencing Action
Form No. 2 : Warrant for the Surrender of Goods
[Repealed] Form No. 3 : Warrant of Execution against Property
Form No. 4 : Warrant for Ejectment
Annexure 2 : Costs
Part I : Court fees
Part II : Fees and travelling expenses of sheriffs
Annexures
Purchase
Annexure 1 : Forms
Annexure 2 : Costs
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