Does someone owe you money and has refused or delayed to pay you back?
Worry no more because things have changed.
What if I told you that you can get that money back within weeks.
Simply sue them in the SMALL CLAIMS COURT
A thread...
Worry no more because things have changed.
What if I told you that you can get that money back within weeks.
Simply sue them in the SMALL CLAIMS COURT
A thread...
The Small Claims Court is a newly introduced court by the Judiciary of Kenya vide Gazette Notice 3791 dated 23rd April 2021, governed by the Small Claim Act.
The court is designed to settle civil and commercial disputes in a timely manner with regards to minimum rules, fewer formalities and less technicalities. It is also meant to reduce the backlog in the Magistrates' court.
The Court is mandated to provide a judicial determination of disputes involving small amounts of money not exceeding one million shillings.
Meaning that if someone owes you money between 10,000/- to 1 million shillings that's where you take them. If the amount is above a million shillings you will have to take them to the usual court which is the Magistrate Court.
This new court is a blessing since it employs new procedures and techniques to dispose of the case. It was designed to help ordinary Kenyans access justice without having to know much about the law or the tedious procedures courts use.
The process is inexpensiveness, speedy, and simple unlike that of the Magistrate Court which you might have to wait for 10 years to have your case determined.
I once had one case determined within 29 days. The judgement and decree were issued and we went on to auction the defendant's car to offset our debt through the aid of auctioneers who are very competent and eager to do their work.
Otherwise, the Small Claims Court Act requires matters to be resolved within 60 days of being lodged.
The nature of claim this court settles include money from:-
1. Any contract relating to money held and received.
2. Contract for sale and supply of goods or services.
The nature of claim this court settles include money from:-
1. Any contract relating to money held and received.
2. Contract for sale and supply of goods or services.
3. Compensation for personal injuries, be it accident claim, work-related accident.
If your case falls in any of those categories then you are a potential guest to this court.
The Small Claims Court Act requires matters to be resolved within 60 days of being lodged.
If your case falls in any of those categories then you are a potential guest to this court.
The Small Claims Court Act requires matters to be resolved within 60 days of being lodged.
But typically you will get your judgement after 4 weeks after filing your claim if the matter goes uncontested.
Everything has been expedited, no time-wasting. Few Mentions are called out then soon thereafter you head straight to Hearing. Judgement must be pronounced the same day on Hearing or three days after the close of Hearing.
If the Judgement is entered in your favour you may:-
If the Judgement is entered in your favour you may:-
a) SALE - a property of your debtor (preferably a car or land)
b) ATTACHMENT OF SALARY - you will take one-third (⅓) of your debtors salary every month
c) ARREST - commit the debtor to civil jail for 6 Months
d)... et cetera
b) ATTACHMENT OF SALARY - you will take one-third (⅓) of your debtors salary every month
c) ARREST - commit the debtor to civil jail for 6 Months
d)... et cetera
Another advantage of this court is that you can represent yourself. You do not need to hire a lawyer to represent you.
You simply just have to fill in a form stating your names, your debtor's names, the amount owed to you and attach some documents to prove the existence of the debt (such as the contract/agreement).
This is a departure from the traditional pleadings (forms) that contain legal structures and complexities that only lawyers can understand.
Don't ever let people die with your money especially if you are a business owner, it will sink your business. You have worked hard for it and it's only fair that you get it back. Don't let them slide either, SCC has made it easier to get all your debts back
THIS ARTICLE DOES NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH.
FOR DISCUSSIONS, ADDITIONS, OR QUESTIONS CALL/ WHATSAPP ME ON +254733610961 FOR A FREE APPOINTMENT
FOR DISCUSSIONS, ADDITIONS, OR QUESTIONS CALL/ WHATSAPP ME ON +254733610961 FOR A FREE APPOINTMENT
You can read the unrolled version of this thread here: typefully.com
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