Claim through the Magistrates Court
According to the Magistrate Court Rules (Chapter 7:10)
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The following procedure is an outline of how to make a claim at the Magistrates Court.
The Second route to making a claim will be updated as we go.
Through this journey called life as we interact and transact with each other , not all transactions will be above board.
The Magistrates Court is a legal place for you to go and seek justice.
The Court system has 3 sections which are the Small Claims Court, the Maintenance Court and the Applications Court.
All these courts are anchored on the Messenger of Court office whose duties include:
🔹Enforce court orders delivered by the courts
🔹Distribute court papers as instructed by yourself, lawyers or the courts.
🔹Administer funds and guards recovered from executions.
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Main Procedure
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1
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To launch a claim your claim must be legal.You must have resources. If you do not have resources, the government has a social deal to assist but will only assist proven deserving cases.
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2
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Your case must have as much evidence as possible otherwise you will waste resources and time.
Find out the cost of the prices at court before you start to see if you can sustain it to its logical conclusion.
Assess your availability when pursuing the case so that you are always available when needed at court.
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3
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Gather your evidence and prepare summons. Be sure that the summons are properly drawn with a Defendant's Consent position paper attached at the back of the summons.
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4
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Summons are not the only way to start a claim at court. You can proceed with a Court application.
See second column with the procedure.
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You can commence your claim with a Court Application.
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6
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Make 3 copies of the summons. Take them to court for submission. You will be given a case number and you will pay for a record to be opened for you. The Clerk of Court will stamp the copies, keep one and give you 3 stamped copies back. ENSURE you go to court with your ID.
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7
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Take the 3 copies to the Messsenger of Court for submission. Draw a letter asking the Messenger of Court to serve the summons on Defendant.
Pay for this service. Leave your contact details.
The MOC must look for the Defendant twice to serve him if he is not available.
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8
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After 7 working days, go back to the MOC to collect the Return of Service which advises whether the MOC managed to serve Defendant. If there are issues with locating the defendant, sort them out.
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9
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Count 7 days from the day summons were served on Defendant and then go and check with the Clerk Of Court if Defendant did not reply. The date is on the Return of Service.
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10
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If Defendant did not, you may proceed to prepare an Application for Default Judgement. File it at court together with a copy of the Return of Service which you collected from the Moc.
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If Defendant replied, be advised his position. There are 3 possible responses for Defendant.
Defendant can consent to your claim and offer to settle. Make sure a Deed of Settlement is drawn, and filed in court setting out terms of the consent.
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After 5 days, check to see whether the Application was granted by the Magistrate. If not, attend to issues raised as queries
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Second possible response is for Defendant partially consent to part or parts of your claim. If this happens, draw up a Deed of Setting out the terms of 9Settlement. Ensure it is filed at court.
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12
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When granted, proceed to file a Court Order and Warrant of Execution.
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The third response is for Defendant to seek clarification from you through paper called pleadings. When he is satisfied that you have shade more light on the details of your claim, Defendant can then file a plea to say he denies the claim.
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13
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In the event that you want the issues debated in an open court, ensure that you prepare and file at court, Pretrial Conference papers, outlining the specific issues to be debated. Defendant can also filed other related issues.
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14
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On the PTC day, ensure that you attend. Agree on issues to debate. If Defendant offers to settle out of court, you may proceed provided the proposal is acceptable.
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15
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If there is specific evidence or books which you intend to use during court, you may prepare Discovery Paper outlining the nature of evidence and file at court. Ensure you file a proof of service every time you serve Defendant with court papers.
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16
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On theday of Court, ensure that you attend court, when you present your case, stick to facts and back up your facts with evidence.
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You will be advised of date for to collect judgement. On the day, the Clerkbof Court will advise.
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If judgement is in your favour, proceedbto prepare an order and warrant as per judgement delivered by the Magistrate.
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If you have not succeeded in your claim and you want to appeal, there are two ways to go about it.
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Stay Sharp
0772 433 215
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