Small Claims Tribunal (Amendment) (No.2) Rules, 2000

L.N. 201 of 2000

SMALL CLAIMS TRIBUNAL ACT

(CAP. 380)

Small Claims Tribunal (Amendment) (No.2) 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 Title and

(Amendment) (No.2) Rules, 2000, and they shall be read and commencement.

construed as one with the Small Claims Tribunal Rules, 1995, L.N.

1995. hereinafter referred to as "the principal rules".

(2)

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

2000.

Tariff A to the principal rules shall be amended as

follows

(a)

for paragraph 9 there shall be substituted the following

"9 (1) For every notification of an act of procedure, 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 ..

Provided that if service is to be effected outside normal working

hours, the fees contained in this paragraph shall be increased by

100%.

(2) Notwithstanding anything contained in this Tariff if the service

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 ..

(3) The fees established in sub-paragraph (2) shall not apply when

service is to be effected personally by an executive officer of the

Tribunal in terms of any law, and in such cases the fees established in

sub-paragraph (1) of this paragraph shall apply.";

(b)

for paragraph 10 there shall be substituted the following

"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 contained in the Code of

Organization and Civil Procedure shall be taxed according to those

Tariffs.";

(c)

for paragraph 13(2) there shall be substituted the following

(2) The Tribunal may, when delivering judgement, also refer to the

Commission for the Administration of Justice the advocate of the

plaintiff or of 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.".