Intermediate Courts Act · s 20

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20.
Transfer of counterclaim etc. to High Court
(1) Where, in an action in an Intermediate Court, the counterclaim or defence of any defendant involves a matter beyond its jurisdiction, any party to the action may apply to the High Court within one month of the service on him of such counterclaim or defence for an order that the whole proceedings, or the proceedings on the counterclaim or defence, be transferred to the High
Court.
(2) On any such application, the High Court may, as it thinks fit, order either —
(a) that the whole proceedings be transferred to the High Court, whereupon the action shall then be entered in the cause book of the

Intermediate Courts

High Court and proceeded with as if the action had been originally instituted therein;
(b) that the whole proceedings be tried in the Intermediate
Court whereupon the Intermediate Court may continue with jurisdiction and dispose of the same notwithstanding that the counterclaim or defence involves an amount claimed or subject-matter in dispute the value of which exceeds $300,000 or such higher sum as the Chief Justice may prescribe by order published in the Gazette;
(c) that the proceedings on the counterclaim be transferred to the High Court and that the proceedings on the plaintiff’s claim and the defence hereto other than the set-off (if any) be tried in the
Intermediate Court:
Provided that, where an order is made under paragraph (c) and judgment on his claim is given for the plaintiff, execution thereon shall, unless the
High Court at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.
(3) Notwithstanding any other provision of this Act, where no application is made under subsection (1) or where on such an application it is ordered that the whole proceedings be tried in an Intermediate Court, the
Intermediate Court shall have jurisdiction.

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s 20Transfer of counterclaim etc. to High Court

(1)

Where, in an action in an Intermediate Court, the counterclaim or defence of any defendant involves a matter beyond its jurisdiction, any party to the action may apply to the High Court within one month of the service on him of such counterclaim or defence for an order that the whole proceedings, or the proceedings on the counterclaim or defence, be transferred to the High

Court.

(2)

On any such application, the High Court may, as it thinks fit, order either —

(a)

that the whole proceedings be transferred to the High Court, whereupon the action shall then be entered in the cause book of the

Intermediate Courts

High Court and proceeded with as if the action had been originally instituted therein;

(b)

that the whole proceedings be tried in the Intermediate

Court whereupon the Intermediate Court may continue with jurisdiction and dispose of the same notwithstanding that the counterclaim or defence involves an amount claimed or subject-matter in dispute the value of which exceeds $300,000 or such higher sum as the Chief Justice may prescribe by order published in the Gazette;

(c)

that the proceedings on the counterclaim be transferred to the High Court and that the proceedings on the plaintiff’s claim and the defence hereto other than the set-off (if any) be tried in the

Intermediate Court:

Provided that, where an order is made under paragraph (c) and judgment on his claim is given for the plaintiff, execution thereon shall, unless the

High Court at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.

(3)

Notwithstanding any other provision of this Act, where no application is made under subsection (1) or where on such an application it is ordered that the whole proceedings be tried in an Intermediate Court, the

Intermediate Court shall have jurisdiction.