SMALL CLAIMS TRIBUNAL (GENERAL) RULES

SMALL CLAIMS TRIBUNAL (GENERAL) RULES

SMALL CLAIMS TRIBUNAL (GENERAL) RULES

(Cap. 338, section 36)

[1 October 1976.]

1. These rules may be cited as the Small Claims Tribunal (General) Rules.

2. In these rules, unless the context otherwise requires

register' means the Register of Claims kept under rule 4.

3. There shall be a registry for claims which shall be situated at such
place as the Chief Justice may direct.

4. (1) A Register of Claims, in such form as the Chief Justice may direct,
shall be maintained in the registry.

(2) The register shall contain such details of all claims and proceedings in
the tribunal as the Chief Justice may direct.

5. (1) Unless otherwise provided by the Ordinance, process shall be served
by a person appointed by the registrar.

(2) Service of process shall be effected by delivering a copy of the document
to the person to be served or by leaving it with some person for him at his last
known place of residence or at his place of business.

(3) The person effecting the service shall endorse on the copy of the
document retained by him the date and place of service and the name of the
person receiving it and shall sign the endorsement.

6. (1) If reasonable efforts have been made to serve a. document in
accordance with rule 5 and service has not been effected, the


registrar may make an order for substituted service of the document.

(2) Substituted service shall be effected in such manner as the registrar
may direct.

6A. If, upon the hearing of a claim, the claimant does not appear, the
adjudicator may strike out the claim upon such terms as he thinks just.

7. Where the tribunal transfers a claim or a counterclaim or set-off and
counterclaim to the High Court or the District Court under section 7 or 10 of
the Ordinance, the registrar shall send to the registrar of the court to which the
claim or counterclaim or set-off and counterclaim is transferred a certified copy
of the entries in the register, and the documents in his custody, relating to the
claim or counterclaim or set-off and counterclaim.

8. (1) Where an application for leave to appeal is made under section 28
of the Ordinance





(a)the registrar shall on the request by any party to the
proceedings and on payment by such party of the appro-
priate fee supply to such party within 7 days of the request
a certified copy of the record of the proceedings; and

(b) the Registrar of the Supreme Court shall-
(i) fix a date and place for the hearing of the applica-
tion; and
(ii) send a notice to the applicant in the prescribed form
of the date and place of hearing.

(2) At the hearing of an application for leave to appeal, the
High Court may with the consent of the applicant alter any ground
of appeal, or insert any new ground of appeal, in the application for
leave to appeal.

9. (1) Where leave to appeal is granted under section 28 of
the Ordinance-

(a)the registrar shall send to the Registrar of the Supreme
Court a copy of the entries in the register and the docu-
ments in his custody relating to the claim, together with a
certified English translation of such entries and docu-
ments;

(b)the Registrar of the Supreme Court shall, on receipt of
such documents, fix a date and place for the hearing of the
appeal; and

(c)the Registrar of the Supreme Court shall send notices in
the prescribed form of the date and place of hearing to be
served on the parties to the claim who are interested in the
appeal.

(2) Save with the permission of the High Court, an appellant
shall not be entitled at the hearing of the appeal to rely on any
ground of appeal not specified in the application for leave to appeal.

10. The tribunal may order that the amount of an award or
order shall be paid by such instalments, payable at such times, as the
tribunal may think fit.

11. [Revoked, 14 of 1986, s. 12]

12. Where an application is made under section 32 of the
Ordinance to enforce an award of the tribunal, such application
may be commenced in the tribunal.
L.N. 78/76. L.N. 28/78. L.N. 215/82. 14 of 1986. L.N. 108/86. Citation. Interpretation. Registry. Register of Claims. Service. Substituted service. Failure of claimant to appear at hearing. L.N. 28/78. Transfer of claim, counterclaim, etc. to High Court or District Court. Procedure on application for leave to appeal. Form 10. L.N. 215/82. Procedure on appeal from the tribunal. Form 11. L.N. 215/82. Payment of award by instalment. Enforcement of award of the tribunal. L.N. 108/86.

L.N. 78/76. L.N. 28/78. L.N. 215/82. 14 of 1986. L.N. 108/86. Citation. Interpretation. Registry. Register of Claims. Service. Substituted service. Failure of claimant to appear at hearing. L.N. 28/78. Transfer of claim, counterclaim, etc. to High Court or District Court. Procedure on application for leave to appeal. Form 10. L.N. 215/82. Procedure on appeal from the tribunal. Form 11. L.N. 215/82. Payment of award by instalment. Enforcement of award of the tribunal. L.N. 108/86.

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