Discover and read the best of Twitter Threads about #SmallClaimsCourt
Most recents (5)
Does the #SmallClaimsCourt have jurisdiction to handle claims for refund of security deposits?
This is hotly disputed after Majanja Js ruling in HCCOMMA/E236/22 Christoffersen vs The Random Shop. However the same judge was silent on the issue in Itakura v Odera eKLR
This is hotly disputed after Majanja Js ruling in HCCOMMA/E236/22 Christoffersen vs The Random Shop. However the same judge was silent on the issue in Itakura v Odera eKLR
In Civil Appeal No. *E036 Of 2022 Lisa Kristine Christoffersen Versus Kavneet Kaur Sehmi T/A The Random Shop Majanja J held
"In my view, the rent has a specific and known meaning which does not extend to a contract for services."
"In my view, the rent has a specific and known meaning which does not extend to a contract for services."
The disputed issue is whether "rent" can also be equated to "security deposit in a tenancy". Although it was not an issue in dispute in the Itakura v Odera (Civil Appeal E009 of 2022) [2022] eKLR, the good judge also did not go out of his way to address it.
In less than 60 days you have filed your claim, served it, filed a return of service, attended court, made arguments, court has ruled in your favour, and you've extracted the decree in the #SmallClaimsCourt. But then the debtor tells you "I have no money". What next? 4 tips 🧵
1. Negotiate a payment plan. It's never great to receive a judgment award in bits, but it's far better than not to receive it at all. Formalize it through a formal agreement and incentivize early payment with a reducing balance interest clause in the agreement.
2. Accept less than the judgment as full payment. The easiest candidates to let go of are court awarded interest and costs, but you might also consider accepting a portion of the principal judgment if in your case a bird in hand is worth two in the bush.
Our system of law has always been adversarial, which means judicial officers (JOs) mainly listen but do not investigate or examines witnesses. The #SmallClaimsCourt Act changes this by giving the adjudicators broad investigative powers. Are we creating a monster? A thread 🧵 
Sections 19 and 32(4) of the SCC Act give the court wide inquisitorial powers which include summoning witnesses, requiring production of documents, researching on its own, and examining witnesses on anything they consider relevant to determine the suit.
In addition, Section 17 gives the adjudicator wide discretion on what procedures to adopt in determination of matters as long as those procedures abide by the principles of natural justice
Have you been sued in the #SmallClaimsCourt? Here is a short thread on my 100% full proof way to have the case thrown out of the SCC.
(🤫 don't tell everyone)
(🤫 don't tell everyone)
I'll start by saying (obviously) this is not legal advice, BUT here is a tactic that defense lawyers have used with great efficacy to have claims thrown out.
Just follow these 4 simple steps
Just follow these 4 simple steps
1. Once you receive the claim, file a response denying and then ... here is the secret sauce... make a counter-claim for an amount of over KSh. 1m. The exact figure is not important, as long as you attach some "evidence" that the counterclaim has basis.
Kano, Lagos and Edo have launched Small Claims Courts. An important move for any State serious about ease of doing Biz.
Small Claims Courts are ‘fasttrack’ low-cost courts for resolving disputes relating to debts of N5 million & below. 60-day resolution, self-representation etc
Small Claims Courts are ‘fasttrack’ low-cost courts for resolving disputes relating to debts of N5 million & below. 60-day resolution, self-representation etc
Lagos, April 2018
Kano, Jan 2019
Edo, March 2020
Other States should take this serious and follow suit. #SmallClaimsCourt
Kano, Jan 2019
Edo, March 2020
Other States should take this serious and follow suit. #SmallClaimsCourt
.@DIYlawNG explainer on the Lagos Small Claims Court:
- Self-Representation is allowed
- Simplified Processes
- There is a time-limit. 60 days is all it takes
- You can appeal (appeal to judgment must not exceed 30 days)
- The courts are close to you
diylaw.ng/resources/lago…
- Self-Representation is allowed
- Simplified Processes
- There is a time-limit. 60 days is all it takes
- You can appeal (appeal to judgment must not exceed 30 days)
- The courts are close to you
diylaw.ng/resources/lago…
