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(i) Whether the appeal raises matters of law within section 38 of the Small Claims Court Act.
11. In determining this appeal, I am aware that the court’s jurisdiction is limited by section 38(1) of the Small Claims Court Act which provides that ‘A person aggrieved by the decision or an order of the Court may appeal against that decision or order to the High Court on matters of law.’ A court limited to matters of law is not permitted to substitute the Subordinate Court’s decision with its own conclusions…
6. This being an appeal from the Small Claims Court, the jurisdiction of the Court is circumscribed in Section 38 of the Small Claims Court Act. Section 38 of the Small Claims Court Act provides as follows:
Where a judgment debtor fails to pay to the decree holder any sum specified in a decree or order, the Court may— (a) where the judgment debtor's movable property is insufficient to satisfy the decree,…
Where the judgment debtor fails to discharge the decree in whole or in part within the time or in the terms, if any, specified in any order of the Court, the Court may order execution to issue against…
(1) An Adjudicator may, on application by any aggrieved party or on his or her own motion, review any order of the Court on the ground that— (a) the order was made ex-parte without notice to the appli…
(1) The filing of an application for review shall not operate as a stay of execution of an order unless the Adjudicator otherwise orders. (2) Any stay of execution may be subject to such conditions as…
The Court may on the application of any party to the proceedings set aside any of its orders and make such further orders as it thinks just.
Any party to the claim shall, upon payment of a nominal prescribed fee, be entitled to a copy of the record of the Court and such record shall be admissible in evidence before any other Court for the…