The Small Claims Tribunal is governed by the Small Claims Tribunal Act 1991. It has jurisdiction in respect of any civil claim with a monetary ceiling of $5,000.00. The Small Claims Tribunal is headed by a Referee and determination of a particular matter will be made as the Referee thinks fit.
Small Claims Tribunal provides less expensive means of resolving claims.No lawyers are allowed to appear or represent a party in Small Claims Tribunal.
Jurisdiction of Tribunals
Tribunal shall have jurisdiction in respect of any claim which does not exceed $5,000 in value.
To determine whether a claim exceeds $5,000 in value, the following shall be taken into account:
Where a claim is made for the recovery of chattels, the value of those chattels; and
Where a claim is made for a work order, the value of the work sought to be included therein.
A claim for an unliquidated sum is deemed to be for a maximum value of $5,000.
If it is necessary for the purpose of the Act to ascertain the value of any chattels or work or to resolve any dispute as to such value, that value shall be determined by the Tribunal in such manner as it thinks fit.
A Tribunal shall also have such other jurisdiction as is conferred upon it by any other law.
Basic Types of Disputes/Claims:
Vehicle repairs, etc.
Further limitations of jurisdiction
A Tribunal shall have no jurisdiction in respect of any of the following claims:
For the recovery of land or any estate or interest therein;
In which the title to any land or any estate or interest therein, is in question;
Which could not be brought in a Magistrates’ Court; and
Which is required by any law to be brought only before any other specified court.
Requirements to prepare your Claim
Complete aClaim form and have it checked at the SCT registry
Ensure that it is within the Jurisdiction of the Tribunal, i.e. the claim is not more than $5000.
Ensure that you have all the relevant documentary proof, receipts, etc.
Service of Claim
Ensure that the Claim is served on the respondent not less than 10 clear days from the date of Hearing.
Affidavit of Service
Ensure that the affidavit of Service (proof of service of the Claim on the respondent) is fully completed and witnessed by a Commissioner for Oaths.
What happens at the Hearing?
Both parties should be available to explain themselves.
Normally they are asked if they can discuss and settle the claim by themselves.
If there is no settlement the Tribunal will proceed to hear and determine the claim.
Order of the Tribunal is then issued at the end of the hearing.
Application for re-hearing is made to the tribunal only if it has made an Order.
Re-hearing Application should be filed within 14 days from the date of the Tribunal’s Order.
Form 5 is used for re-hearing application, together with the requisite fees.
If you do not accept/agree with the Tribunal’s order, you may file the relevant Form 6 together with the requisite fees, and Appeal the order, and that shall be heard in the Magistrate’s Court of that jurisdiction. The appeals may be made on the following grounds:
The proceedings were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings; or
The Tribunal exceeded its jurisdiction.
If the Tribunal’s order is not complied with by the respondent/party, the applicant may file the Complaint form for enforcement and the following may be applied:
Judgment Debtor Summons (JDS)
Writ of Fieri Facias/ FIFA
[Note: Please refer to the information provided under the Magistrates Court Civil link (Enforcement of Court Orders). For any other information, please do contact us.]
i. Mr. Joel Sahai
ii. Mr. Bir Chand
iii. Mr. Ifereimi W Soata
iv. Mrs Eleanor Eyre
v. Mrs. Veniana Rayawa
i. Mr. Panipasa Matailevu
ii. Mr. Eroni Antonio
iii. Ms. Kokila Naicker
iv. Ms. Anita Raj
v. Ms. Menani Vatucicila
vi. Ms. Vijayanti Mala Naidu
i. Ms Sitama Venkatappa
ii. (Post vacant)
Calendar to be updated here when dates are confirmed.