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Small Claims Court Rules, 2009

Statutory Instrument 31 of 2009

Small Claims Court Rules, 2009
This is the latest version of this Statutory Instrument.
Citation
Statutory Instrument 31 of 2009
Primary work
Small Claims Courts Act, 1992
Date
8 May 2009
Language
English
Publication
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Zambia
Small Claims Courts Act, 1992

Small Claims Court Rules, 2009

Statutory Instrument 31 of 2009

[Laws, Volume 4, Cap.47]IN EXERCISE of the powers contained in section five of the Small Claims Court Act, the following Rules are hereby made:

Part I – Preliminary

1. Title

These Rules may be cited as the Small Claims Court Rules, 2009.

2. Interpretation

(1)In these Rules, unless the context otherwise requires—“claim ” means a civil proceeding brought under rule 3;“Clerk of Court ” means a person appointed as such under section ten of the Act, and includes an assistant Clerk of Court or other officer performing, or assisting the Clerk of Court in, the Clerk’s duties;“commissioner” has the meaning assigned to it in section two of the Act;“court” means a small claims court established under section three of the Act;“defendant” means a person against whom a claim has been filed in court;“expenses” includes allowances;“fee” means money paid to a court on filing a document;“judgment” has the meaning assigned to it in section two of the Act;“plaintiff ” means a person who has filed a claim in court otherwise than by way of a counter claim or as a defendant;“process” means any document issued by the court;“Register” means a claims register maintained by the Clerk of the Court under section twenty-six of the Act;“Registrar” means the Registrar of the High Court, a Deputy Registrar, District Registrar and Assistant Registrar;“sheriff” has the meaning assigned to it in section two of the Sheriffs Act; and[Cap. 37]“writ of execution” means a writ of execution issued by the court under section twenty-four of the Act.
(2)Where in these Rules anything is required to be done within a specified number of days from the happening of any event, the period shall start to run from the day on which the event occurs.

Part II – Commencement of claims

3. Filing of claim

(1)A person wishing to file a claim shall commence the claim by completing and filing with the Clerk of Court a notice of claim, with the letter of demand attached, in Form I set out in the First Schedule.
(2)The Clerk of Court shall, before issuing a notice of claim, stamp the claim, give the claim a cause number and record the particulars of the claim and the names of the parties in the Register.
(3)A person shall not file a claim unless the person has caused to be issued and served upon the defendant a letter of demand stating the nature of the claim and requiring the defendant within fourteen days of receipt of such letter, to admit or deny the claim in accordance with section sixteen A of the Act.
(4)A claim made under sub-rule (1) shall be accompanied by the prescribed fee.

4. Notice of admission, defence or counterclaim

The defendant shall, within fourteen days of receipt of the notice of claim, complete and file with the Clerk of Court, a notice of admission, defence or counter claim in Form II set out in the First Schedule.

5. Service of claim

(1)A notice of claim shall be served personally upon the defendant by the plaintiff or any other person designated to effect service.
(2)A person effecting service under sub-rule (1) shall, once service has been effected on a defendant, cause the defendant to acknowledge service by endorsing on a copy of the notice of claim as proof of service.
(3)Where the defendant refuses to acknowledge service, the person effecting the service shall endorse such refusal on a copy of the notice, which endorsement shall suffice for purposes of proving service.
(4)A certificate of service shall be in Form III set out in the First Schedule.

6. Notice of hearing

The Clerk of Court shall, upon receipt of a notice of admission, defence and counter claim, issue and cause a notice of hearing to be served upon the parties in Form IV set out in the First Schedule.

Part III – Hearing of cases

7. Parties to attend hearing in person

(1)The parties to a case shall attend the hearing in person.
(2)The court shall dismiss the claim if neither of the parties to a case attend the hearing, or if the plaintiff fails to attend the hearing, without sufficient cause being shown:Provided that where there is a counterclaim, the court shall hear the defendant and enter judgment in the defendant’s favour.
(3)Where the defendant fails to attend the hearing, the court shall enter judgment against the defendant and dismiss the counterclaim.
(4)A party in whose absence a judgment is made or claim dismissed may, within seven days of entry of the judgment or dismissal of the claim, on sufficient cause being shown, apply to the court to set aside the judgement or re-open and restore the dismissed claim to the active list.
(5)An application to set aside a judgment or restore a claim to the active list shall be made in Forms V and VI, respectively, set out in the First Schedule.

8. Hearing of case

(1)Where both parties to a case attend the hearing, the plaintiff shall open the plaintiff’s case and call witnesses, if any.
(2)The defendant may cross examine the plaintiff where a commissioner so directs, upon the request of the defendant.
(3)The plaintiff may cross-examine the defendant where the Commissioner so directs, upon the request of the plaintiff.
(4)The defendant shall, at the close of the plaintiff’s case, present a defence and counterclaim, if any, and call witnesses, if any.
(5)The evidence of the parties and witness shall be taken on oath or affirmation.
(6)No party shall address the court at the close of the proceedings.

Part IV – Judgments

9. Notes of proceedings

The court shall not maintain a case record of the proceedings but shall keep notes of such proceedings.

10. Judgment

(1)The court shall render a judgment in which it may either uphold or dismiss a claim on the issues before it.
(2)A judgment of the court shall not be reserved to another day and shall be delivered in open court immediately after the hearing in Form VII set out in the First Schedule.

11. Judgments in default of defence

(1)A commissioner shall render an appropriate judgment where
(a)the defendant fails to file a defence after fourteen days of service of the notice of claim upon the defendant in accordance with subsection (3) of section eighteen of the Act; or
(b)the claim or part of it is admitted by the defendant.
(2)A commissioner may set aside a judgment made under this rule, on sufficient cause being shown by the defendant.
(3)An application to set aside a judgment made under subrule (1) shall be made in Form V set out in the First Schedule.

12. Particulars of judgment or dismissal of claim

(1)The Clerk of Court shall enter every judgment or dismissal of claim in the Register, which shall be open to inspection by the parties during office hours.
(2)The Clerk of Court shall record the particulars of every claim and judgment in Form VIII set out in the First Schedule and transmit it to the Registrar.

13. Settlement of judgement

The parties to a case shall comply with a judgement within three days of its being delivered.

Part V – Reviews

14. Writ of execution

(1)The court shall, where a judgment is not satisfied within three days, issue a writ of execution upon the defendant in accordance with section twenty-four of the Act.
(2)A writ of execution shall be in Form IX set out in the First Schedule and shall be executed by a court messenger or the Sheriff of Zambia.

15. Application for review

(1)A party aggrieved with any decision of the court may, within thirty days of the decision, apply for review in accordance with section twenty A of the Act.
(2)An application for review shall not operate as a stay of execution of the judgment.
(3)A notice of application for review shall be issued in Form X set out in the First Schedule.
(4)An applicant may, at any time after lodging a notice of application for review and before it is heard, withdraw it by filing a notice of withdrawal in Form XI set out in the First Schedule.
(5)Three commissioners appointed by the Registrar shall determine an application for review of the decision of a court.
(6)A decision of the panel on review shall be final.

Part VI – General

16. Fees

(1)The fees set out in the Second Schedule shall be paid by the person at whose instance the document concerned is filed or issued.
(2)The Clerk of Court shall cause to be issued a receipt for the fee paid by a person filing a document.

17. Witnesses expenses

A witness’s traveling expenses and subsistence allowance shall be borne by the party calling the witness.

18. Sitting allowance

A commissioner shall be paid, out of the general revenues of the Republic, a sitting allowance equivalent to that paid to the Chairperson of a Commission of inquiry appointed under the Inquiries Act.[Cap. 41]

19. Subsistence allowance

A commissioner who has to spend a night away from home on account of a sitting shall be paid subsistence allowance at a rate determined by the Secretary to the Cabinet:Provided that where the hotel bill is more than the allowance, the Commissioner shall be paid the actual cost of board and accommodation.

20. Travelling allowance

A commissioner who uses private transport shall be paid a kilometre allowance at a rate determined by the Secretary to the Cabinet.

21. Duties and functions of Clerk of Court

The duties and functions of the Clerk of Court at each Registry of the court shall, in addition to any other duties and functions imposed by these Rules or any other written law, be to
(a)issue and stamp all documents filed in court;
(b)verify all court fees payable on all documents filed in court;
(c)keep and maintain a Claims Register in which the following particulars shall be entered;
(i)the case number;
(ii)the names of the parties;
(iii)the particulars of the notice of claim;
(iv)the date of filing a notice of admission, defence or counterclaim; and
(v)the outcome of the claim;
(d)issue and stamp notices of hearing, notice of review, writs of execution and summons to witnesses;
(e)seal all judgments;
(f)remit particulars of any judgment or dismissal of claim to the Registrar; and
(g)prepare and remit records of reviews to the High Court.

First Schedule (Rules 3(1), 4, 5(4), 7(5), 10, 11, 12, 14(2) and 15)

Forms

[Please note: Forms have not been reproduced. Please refer to the publication document.]

Second Schedule (Rule 16)

Fees

  Fee Units
1.On a claim222.22
2.On a counterclaim222.22
3.On an application to restore a claim111.11
4.On an application to set aside a default judgement111.11
5.On filing a notice of review278
6.On filing a notice of withdrawal of application for review111.11
7.On filing a writ of execution83.33
8.On filing any order or process not otherwise provided for83.33

History of this document

08 May 2009 this version
Commenced
22 April 2009
Assented to
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