(1) Every claim filed with the Court shall commence with the filing of a statement of claim in the prescribed form signed or authenticated by the claimant or authorized representative. (2) Without prejudice to subsection (1), a party may present his or her claim orally to an officer of the Court, and such officer shall cause the claim to be reduced in writing in the prescribed form signed or authenticated by the claimant. (3) Any joint claim lodged by two or more claimants shall be admitted for determination notwithstanding that the statement has been signed or authenticated by only one or more of them. (4) Nothing in this section invalidates a statement of claim signed or authenticated by a representative of a claimant or joint claimants. (5) Any person in whose name a claim is lodged without his signature or mark authenticating the claim shall be required to sign or authenticate the statement of claim before the commencement of the hearing and determination of the claim. (6) A person who fails to comply with subsection (5) shall have his or her name struck out of the proceedings and whereupon his or her claim shall be deemed to be abandoned. (7) Any party may lodge his or her statement of claim or defence by electronic means.
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14. The Respondent submits that the Small Claims Court operates under a streamlined procedure using Form SCC-1 and pursuant to section 23 of the Small Claims Court Act and Rule 3 of the Small Claims Court Rules, which limits the level of legal detail that can be included. The Respondent relies on the case of Odd Jobs v Mubia [1970] EA 476, where the court held that a court may base its decision on an unpleaded issue…
Every statement of claim shall contain the following particulars— (a) the name and address of each claimant and, in the case of a representative claim, the name and address of each person represented;…
(1) The Registrar or other officer designated for that purpose shall cause to be served on the respondent a copy of the statement of claim. (2) The respondent shall lodge with the Court a written resp…
(1) Where the respondent admits any part of the claim, the Court shall record the admission as an order of the Court in favour of the Claimant and thereafter proceed to determine any part of the claim…
(1) If the respondent fails to respond to the claim within the prescribed period, the Court may, either on its own motion or on the claimants application enter judgment for the claimant and order the…
(1) Upon receipt of the respondent's written response, the Court shall notify the parties of the date, time and place of hearing of the determination of the claim. (2) The parties may call witnesses a…
(1) The Court may, on such conditions as the Chief Justice may by Rules prescribe, permit proceedings before that Court to be conducted by telephone, videophone or any other electronic means. (2) The…