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DEBTS (SUMMARY RECOVERY) ACT.

ARRANGEMENT OF SECTIONS.

   Section

   1.   Civil debts recoverable summarily.

   2.   Jurisdiction of magistrates.

   3.   Commencement of proceedings.

   4.   Magistrate to issue summons.

   5.   Warrant not to issue, but if defendant fails to appear magistrate may proceed ex parte.

   6.   Procedure for trial.

   7.   Order of payment.

   8.   Order of dismissal of complaint.

   9.   Costs.

   10.   Monies ordered to be paid recoverable as fines.

   11.   Imprisonment in default of payment of monies adjudged to be due.

   12.   Appeal.

   13.   High Court may issue rules.

CHAPTER 74
DEBTS (SUMMARY RECOVERY) ACT.

Commencement: 8 September, 1937.

   An Act to provide for the summary recovery of civil debts.

 

1.   Civil debts recoverable summarily.

   Notwithstanding the Civil Procedure Act and the Government Proceedings Act, any sum expressed by any Act, whether past or future, to be a civil debt recoverable summarily may be recovered in the court of any magistrate of competent jurisdiction in the manner prescribed by this Act.

 

2.   Jurisdiction of magistrates.

   Every magistrate shall have jurisdiction under this Act, subject to the following limitations—

   (a)   a magistrate grade III shall not exercise jurisdiction in any case in which the sum sought to be recovered exceeds 300 shillings;

   (b)   a magistrate grade II shall not exercise jurisdiction in any case where the sum sought to be recovered exceeds 1,000 shillings.

 

3.   Commencement of proceedings.

   (1) All proceedings under this Act shall be commenced by complaint which shall be in writing and shall set forth the particulars of the claim.

   (2) A magistrate shall not be required to examine a complainant on oath before issuing a summons to the defendant.

 

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