If you prefer professional assistance to ensure your summons is correctly issued and served, we can help.
Issuing a summons is a critical step in initiating legal proceedings in the Small Claims Court. It formally notifies the defendant that you are taking legal action to resolve a dispute. The summons outlines your claim and sets a court date for both parties to appear.
By issuing the summons, you move from the preliminary stages of negotiation to a formal legal process, ensuring your claim is heard and adjudicated.
The procedures for issuing a summons are outlined in Section 29 of the Small Claims Courts Act and Rule 8 of the Small Claims Court Rules.
Section 29 - Institution of Actions
(1) (a) The plaintiff shall deliver a summons as prescribed personally or through his authorized representative to the clerk of the court, together with a copy of a written demand which was on a prior occasion delivered to the defendant by the plaintiff by hand or by registered post and in which the defendant was, notwithstanding anything to the contrary in any law contained, allowed at least 14 days, calculated from the date of receipt of that demand by the defendant, to satisfy the plaintiff’s claim.
(b) Until judgment has been given in an action arising from a business or profession carried on or exercised by the plaintiff, the plaintiff may not deliver a summons referred to in paragraph (a) to the clerk of the court in respect of any other action arising from that business or profession.
(2) Upon production of the prescribed proof that the reminder contemplated in subsection (1) was delivered to the defendant, and if the clerk of the court is satisfied that the plaintiff is a natural person and that his summons complies with the prescribed requirements, the clerk of the court shall set a date and time for the hearing of the action and issue the summons and hand it to the plaintiff or his authorized representative, who shall personally serve it on the defendant, or deliver it to the messenger of the court for service on the defendant.
(3) Apart from the summons no pleadings shall be required of the parties, but the defendant may at any time before the hearing lodge with the clerk of the court a written statement setting forth the nature of his defence and particulars of the grounds on which it is based, and a copy of that statement shall be furnished to the plaintiff by the defendant.
In simple terms: Section 29 requires you to deliver the summons to the court clerk along with a copy of the written demand you previously sent to the defendant. The court will then issue the summons, which you must serve to the defendant.
For the relevant section and rule, visit our Small Claims Resources page.
Before issuing your summons, ensure you've properly drafted your summons and are familiar with the process of serving the summons.
What is Jurisdiction?
Jurisdiction is the authority given to a court to hear your case. It's essential to file your summons in the correct court to ensure your case proceeds smoothly.
Why is it Important?
Filing in the wrong court can lead to delays or dismissal of your case. It's crucial to get it right the first time.
How to Determine the Correct Court:
The criteria for jurisdiction are outlined in Section 14 and Section 15 of the Small Claims Courts Act.
Section 14 - Jurisdiction in respect of persons
(1) Subject to the provisions of subsection (2), a court shall have jurisdiction in respect of—
(a) any person who resides, carries on business or is employed within the area of jurisdiction of the court;
(b) any partnership, as defendant, which has business premises situated or any member of which resides within the area of jurisdiction of the court;
(c) any person in respect of any proceedings incidental to any action instituted in that court by such person;
(d) any person, whether or not he resides, carries on business or is employed within the area of jurisdiction of the court, if the cause of action arose wholly within that area;
(e) any defendant, whether in convention or reconvention, who appears and takes no objection to the jurisdiction of the court;
(f) any person who owns immovable property within the area of jurisdiction of the court in actions in respect of such property or a mortgage bond thereon.
(2) No action shall be instituted against the State in a court.
(3) (Deleted)
(4) A court shall not have jurisdiction in respect of any claim or counterclaim based in whole or in part upon a cession or assignment of rights.
Section 15 - Jurisdiction in respect of causes of action
Subject to the provisions of this Act, a court shall have jurisdiction in respect of causes of action in—
(a) actions for the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette;
(b) actions for ejectment against the occupier of any premises or land within the area of jurisdiction of the court: Provided that where the right of occupation of the premises or land is in dispute between the parties, that right does not exceed in clear value to the occupier the amount determined by the Minister from time to time by notice in the Gazette;
(c) actions based on or arising out of a liquid document or a mortgage bond, where the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
(d) actions based on or arising out of a credit agreement, as defined in section 1 of the National Credit Act, 2005, where the claim or value of the property in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
(e) actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
(f) actions for counterclaims not exceeding the amount determined by the Minister from time to time by notice in the Gazette, in respect of any cause of action mentioned in paragraphs (a) to (e).
For detailed information, refer to our Small Claims Resources page.
Double-check all the details on your summons. Ensure that names, addresses, amounts claimed, and dates are correct. Any errors can cause delays or may even result in your case being dismissed.
Visit the court's cashier or finance department to pay the required court fee. This fee varies depending on the nature of your claim. Always keep the receipt as proof of payment.
Submit the original summons and the required number of copies (usually two) to the court clerk. Include any supporting documents that are relevant to your claim.
The court will review your documents. If everything is in order, they will stamp the copies, officially issuing the summons.
Keep one stamped copy for your records. The other stamped copy must be served to the defendant to notify them of the legal action.
Note:After issuing your summons you must serve the summons to the defendant at least 10 days before the court date, as specified in Rule 8.