Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Establishment and Nature of Courts
3. Establishment of courts
4. Nature of the courts and force and effect of process
5. Language to be employed in courts
6. Proceedings to be open to the public
7. Public access of records
PART III
Judicial Officers
8. Grades of magistrates and appointments thereto
9. Magisterial districts and regions
10. Assignment of magistrates to courts
11. Protection from actions
PART IV
Officers of the Court
12. Clerk of the court
13. Court bailiffs
14. Service of process by the police
15. Bailiff's return to be evidence
16. Suspension of bailiff for misconduct
PART V
Civil Matters
JURISDICTION
17. Jurisdiction in respect of causes of action
18. Arrest of absconding defendants and interdicts
19. Curator ad litem
20. ....
21. Transfer from one court to another
22. Rescission and correction of judgments and orders
23. Incidental jurisdiction
24. Abandonment of part of claim
25. Deduction of admitted debt
26. Splitting of claims disallowed
27. Jurisdiction cumulative
28. Set-off and counter-claims
29. Counter-claim exceeding jurisdiction
30. Magistrates not to have jurisdiction in certain matters
31. Judgment
32. Return of civil proceedings
WITNESSES AND EVIDENCE
33. Modes of procuring attendance of witnesses and penalty for non-attendance
EXECUTION
34. Jurisdiction to issue execution
35. Superannuation of judgments and revival thereof, and force of warrants of execution
36. Setting aside of warrant
37. Execution in case of judgment debt ceded
38. Manner of execution
39. Property exempt from execution
40. Property executable
41. Interpleader claims
42. Sale in execution gives good title
43. Surplus after execution
44. Debt, salary or wages may be attached
45. Future and accruing earnings, when attachable
46. Jurisdiction to decide disputes arising out of garnishee orders
47. Execution of payment is discharge pro tanto
48. Saving of existing law prohibiting attachment of certain property
49. Order for payments by instalments
50. Execution or suspension in case of appeal
51. Summons for civil imprisonment
52. Decree of civil imprisonment
53. Debtor may show that he has executable property
54. Period of imprisonment
55. Costs of civil imprisonment
56. Custody of gaoler
57. Discharge from imprisonment
58. Effect of discharge from imprisonment
59. Warrant of civil imprisonment may be suspended by court of area wherein it is executed
PART VI
Criminal Matters
JURISDICTION
60. Jurisdiction in respect of classes of offences
61. Jurisdiction in the matter of punishment
62. Return of criminal proceedings
63. Execution of sentence not to be suspended
PART VII
Offences
64. Offences relating to execution
PART VIII
General and Supplementary
65. Jurisdiction as to plea of ultra vires
66. Amendment of proceedings
66A. Assessors
67. Rules of court
Act 20, 1974,
Act 12, 1975,
Act 12, 1976,
S.I. 121, 1983,
Act 6, 1992,
Act 6, 1995,
Act 12, 1999,
S.I. 67, 2003,
Act 30, 2004,
S.I. 95, 2004,
S.I. 67, 2008,
Act 3, 2010.
An Act to make provision for magistrates' courts and for the jurisdiction of persons presiding over such courts and matters incidental thereto or connected therewith.
1. Short title
This Act may be cited as the Magistrates' Courts Act.
2. Interpretation
In this Act, unless the context otherwise requires-
"bailiff" means a court bailiff so appointed in accordance with section 13 or any person lawfully performing the functions of a bailiff in accordance with this Act;
"clerk of the court" means any person so appointed in accordance with section 12;
"court" means the court of a magistrate, of whatever grade, appointed under this Act;
"High Court" includes a judge of that Court;
"magistrate" includes a Regional Magistrate, a Chief Magistrate, a Principal Magistrate, a Senior Magistrate, a Magistrate Grade I, a Magistrate Grade II and a Magistrate Grade III, appointed in accordance with section 8;
"Registrar" means the Registrar of the High Court.
