The High Court has upheld the constitutionality of the Small Claims Court Act but clarified that personal injury claims do not fall within the jurisdiction of the Small Claims Court.
In its judgment, the court held that Section 12 of the Act excludes personal injury claims, noting that such disputes were not contemplated when the Small Claims Court was established.
The judges further found that Sections 34 and 38 of the Act, as well as Rule 18 of the Small Claims Court Rules, are constitutional and do not violate the Constitution.
However, the court declared Rule 25 of the Small Claims Court Rules unconstitutional after finding it inconsistent with Article 24 of the Constitution.
As a result, the court directed that all personal injury cases currently pending before the Small Claims Court be transferred to magistrates’ courts with the proper jurisdiction, particularly claims arising from motor vehicle accidents.
The court declined to award damages and ordered that each party bears its own costs.
In conclusion, the judges held that while the Small Claims Court Act allows the court to handle disputes arising from contracts, monetary claims and certain tortious liabilities, personal injury claims fall outside its mandate, settling the jurisdictional question.
