Intermediate Courts Act · s 24A

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

24A.
(1) Where by an order of the High Court made under section 16A of
Supreme Court Act (Chapter 5), any proceedings are to be transferred to the
Intermediate Court or an issue is directed to be tried in the Intermediate
Court, the Registrar of the Intermediate Court, on receipt of the relevant documents, shall either —
(a) refer them to the Judge of the Intermediate Court for directions; or

Intermediate Courts
(b) enter the proceedings or issue in the records of the
Intermediate Court and fix a date for —
(i) the hearing of the proceedings or issue; or
(ii) if he thinks fit, a pre-trial review, and give 14 days’ notice thereof to every party.
(2) Nothing in subsection (1) shall require the Registrar to fix a date in an action so transferred unless —
(a) before it was transferred to the Intermediate Court, the action had been set down for hearing in the High Court; or
(b) a request for a date to be fixed is made pursuant to directions under Order 25 of the Rules of Court made under section 12 of the
Supreme Court Act (Chapter 5), and where proceedings are transferred from the High Court, the pleadings shall, for the purposes of Order 25, be deemed to be closed at the end of 14
days from the date of transfer.
(3) The party lodging or causing to be lodged with the Registrar the relevant documents for the purposes of subsection (1) shall, at the same time, file —
(a) a statement of the names and addresses of the parties and of their solicitors;
(b) if he is the plaintiff and has not endorsed a statement of claim on the writ or served a statement of claim in the High Court, particulars of his claim together with a copy for each defendant;
(c) if he is the defendant and only a counterclaim is transferred and the counterclaim has not been served in the High Court, particulars of the counterclaim together with a copy for the plaintiff;

Intermediate Courts 20
(d) where money has been paid into the High Court, a copy of the notice of payment into court; and
(e) a copy of any other pleading served but not filed in the High
Court.
(4) Where —
(a) a statement of claim has been endosed on the writ or served in the High Court but no defence has been served therein; or
(b) particulars of claim have been filed in the Intermediate
Court pursuant to subsection 3(b), the defendant shall, within 14 days after receipt of the notice given under subsection (1)(b), deliver at the court registry a defence and, if he has a counterclaim, particulars of the counterclaim together with a copy thereof for the plaintiff.
(5) Where only a counterclaim is transferred, subsection (4) shall apply, with the necessary modifications, to the counterclaim as it applies to a claim.
(6) On receipt of any document filed by the plaintiff pursuant to subsection (3)(b) or by the defendent pursuant to subsection (3)(c) or (4), the
Registrar shall send a copy to each defendant or, as the case may be, to the plaintiff.
(7) Where proceedings are transferred to the Intermediate Court pursuant to an order of the High Court referred to in subsection (1), the
Intermediate Court shall have jurisdiction —
(a) to hear and determine those proceedings; and
(b) to award any relief, including any amount of damages, within the extent of the Intermediate Court’s jurisdiction.
(8) In this section, “relevant documents” means —

Intermediate Courts
(a) the order of the High Court referred to in subsection (1) or a copy thereof;
(b) any documents required by the order of the High Court to be filed in the Intermediate Court;
(c) the writ or a copy thereof; and
(d) all pleadings and affidavits filed in the High Court.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 24A

(1)

Where by an order of the High Court made under section 16A of

Supreme Court Act (Chapter 5), any proceedings are to be transferred to the

Intermediate Court or an issue is directed to be tried in the Intermediate

Court, the Registrar of the Intermediate Court, on receipt of the relevant documents, shall either —

(a)

refer them to the Judge of the Intermediate Court for directions; or

Intermediate Courts

(b)

enter the proceedings or issue in the records of the

Intermediate Court and fix a date for —

(i)

the hearing of the proceedings or issue; or

(ii)

if he thinks fit, a pre-trial review, and give 14 days’ notice thereof to every party.

(2)

Nothing in subsection (1) shall require the Registrar to fix a date in an action so transferred unless —

(a)

before it was transferred to the Intermediate Court, the action had been set down for hearing in the High Court; or

(b)

a request for a date to be fixed is made pursuant to directions under Order 25 of the Rules of Court made under section 12 of the

Supreme Court Act (Chapter 5), and where proceedings are transferred from the High Court, the pleadings shall, for the purposes of Order 25, be deemed to be closed at the end of 14

days from the date of transfer.

(3)

The party lodging or causing to be lodged with the Registrar the relevant documents for the purposes of subsection (1) shall, at the same time, file —

(a)

a statement of the names and addresses of the parties and of their solicitors;

(b)

if he is the plaintiff and has not endorsed a statement of claim on the writ or served a statement of claim in the High Court, particulars of his claim together with a copy for each defendant;

(c)

if he is the defendant and only a counterclaim is transferred and the counterclaim has not been served in the High Court, particulars of the counterclaim together with a copy for the plaintiff;

Intermediate Courts 20

(d)

where money has been paid into the High Court, a copy of the notice of payment into court; and

(e)

a copy of any other pleading served but not filed in the High

Court.

(4)

Where —

(a)

a statement of claim has been endosed on the writ or served in the High Court but no defence has been served therein; or

(b)

particulars of claim have been filed in the Intermediate

Court pursuant to subsection 3(b), the defendant shall, within 14 days after receipt of the notice given under subsection (1)(b), deliver at the court registry a defence and, if he has a counterclaim, particulars of the counterclaim together with a copy thereof for the plaintiff.

(5)

Where only a counterclaim is transferred, subsection (4) shall apply, with the necessary modifications, to the counterclaim as it applies to a claim.

(6)

On receipt of any document filed by the plaintiff pursuant to subsection (3)(b) or by the defendent pursuant to subsection (3)(c) or (4), the

Registrar shall send a copy to each defendant or, as the case may be, to the plaintiff.

(7)

Where proceedings are transferred to the Intermediate Court pursuant to an order of the High Court referred to in subsection (1), the

Intermediate Court shall have jurisdiction —

(a)

to hear and determine those proceedings; and

(b)

to award any relief, including any amount of damages, within the extent of the Intermediate Court’s jurisdiction.

(8)

In this section, “relevant documents” means —

Intermediate Courts

(a)

the order of the High Court referred to in subsection (1) or a copy thereof;

(b)

any documents required by the order of the High Court to be filed in the Intermediate Court;

(c)

the writ or a copy thereof; and

(d)

all pleadings and affidavits filed in the High Court.