Small Claims Tribunal (Amendment) Rules, 2000

L.N. 138 of 2000

SMALL CLAIMS TRIBUNAL ACT

(CAP. 380)

Small Claims Tribunal (Amendment) Rules, 2000

IN exercise of the powers conferred by article 16 of the Small

Claims Tribunal Act, the Minister of Justice and Local

Government, with the concurrence of the Minister of Finance, has

made the following rules:-

(1)

The title of these rules is Small Claims Tribunal

(Amendment) Rules, 2000, and they shall be read and construed as

one with the Small Claims Tribunal Rules, 1995, hereinafter referred

1995. to as "the principal rules".

(2)

These rules shall come into force on the 1st October,

2000.

Tariff A of the Second Schedule annexed to the

principal rules shall be deleted and substituted by the following

new tariff

"TARIFF A

Registry fees payable in the Small Claims Tribunal

1 For the filing of any claim

..

2 For the filing of any reply the fees established in paragraph 1 of this

Tari IT shall be du e but shall be rebated by

..

3 For the filing of any application of appeal

..

4 For the filing of an answer to an application of appeal

..

5 The fees established in paragraphs I to 4 of this Tariff shall include

the filing of all other acts of procedure and services (including but

not limited to the filing of warrants for the examination of witnesses,

the examination itself, recording fees, transcriptions and copies, the

services of judicial assistants, decrees and declarations prior to

definitive judgement, taxed bill of costs and copies of the judgement)

required following the initiation of the cause through the said act up

to and including final judgement but excluding any fees due for the

notification of acts and any fees due to referees or experts appointed

by the Tribunal or any fees which the Tribunal may be required to

pay to third parties.

6 No fee shall be levied for the filing of any note of admission of a

claim provided that the claim is admitted in full and unconditionally

before any contestation thereon.

7 Any counter-claim contained in any reply or answer shall be treated

as ifit is a new claim or appeal and the fees set out in paragraphs 1 to

4 of this Tariff shall be levied on the counter claim and the reply

thereto.

8 The fees stated in paragraphs I to 4 of this Tariff shall also be due on

the filing of any application to the Tribunal to be permitted to file any

statement of defence, answer or other act of procedure filed in reply

to a claim and intended to contest, whether totally or partially, a

claim or appeal.

(I) For every notification of an act ofprocedure, including expenses

incurred in the execution of such notification, the following fees shall

be due

(i)

registry fee

..

(ii) fee due to the executive officer effecting the service ..

(2) Notwithstanding anything contained in this Tariff if the

notification of any act is to be executed personally by an executive

officer of the Tribunal, in cases where the law permits that service be

effected otherwise, the following additional fees shall be due, for

each notification

(i)

registry fee

..

(ii) fee due to the executive officer effecting the service ..

10 For any other act of procedure indicated in the Small Claims Tribunal

Act, but for which no fee is established in this Tariff

Provided that fees for services not specifically provided for in this

Tariff but provided for in other Tariffs shall be taxed according to

those Tariffs.

II For the opening of the registry outside working hours

(i)

registry fee

..

(ii) fee due to attending deputy registrar

.

(iii) fee ~ue to each executive officer required to effect

service

.

12 (I) All fees due shall be paid together with the filing of the relative

act and the Registrar shall not accept for filing any act of procedure,

which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount offees to be paid

shall be final.

(3) In assessing the fees laid down in this Tariff no account shall be

taken of any fraction of Lm 1.

13 (1) The Tribunal may, when delivering judgement, order that the

plaintiff or defendant in a cause pay increased costs to the Registrar

of Courts of not less than Lm 100 and not more than Lm 250 if the

Tribunal deems that the act of procedure initiating the claim or the

act of procedure in reply was frivolous or vexatious or that either of

the parties has unnecessarily prolonged the proceedings and in such

case such sum will not be recoverable from the other party.

No appeal shall lie from the decision of the Tribunal.

(2) The Tribunal may, when delivering judgement, also order that

part of the costs be borne by the advocate of the plaintiff or the

defendant if the Tribunal deems that the advocate is responsible,

wholly or partly, for the frivolous or vexatious act of procedure or for

prolonging the proceedings.

No appeal shall lie from the decision of the Tribunal.

14 (l) The Registrar shall cause a taxed bill 0 f costs to be kept in the

file of each cause and shall immediately enter therein all payments

made to the Registrar and all payments due to the advocates and legal

procurators of the parties and the parties and their advocates and

legal procurators shall have the right to a copy thereof at any time.

(2) Within one month of the delivery of the definitive judgement,

the Registrar shall cause a final taxed bill of costs to be drawn up.",