Supreme Court Act · s 16A

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16A.
Transfer of proceedings to Intermediate Courts
(1) At any stage in any proceedings to which this section applies, the High Court may, in accordance with the Rules of the Supreme Court
(R 1), either of its own motion or on the application of any party to proceedings, order the transfer of the whole or any part of the proceedings to the Intermediate Courts if —
(a) the parties consent to the transfer;
(b) the High Court is satisfied that —
(i) after allowance has been made for any payment, set-off or other amount admitted to be due, the amount remaining in dispute in respect of the claim is within the monetary limit of the jurisdiction of the
Intermediate Courts;
(ii) the whole amount recoverable in respect of the claim is likely to be within the monetary limit of the jurisdiction of the Intermediate Courts; or
(iii) in the case of proceedings not involving an unliquidated claim, the subject matter of the proceedings is or is likely to be within the limits of the jurisdiction of the Intermediate Courts;
(c) where only a counterclaim remains in dispute, the
High Court considers that the amount recoverable in respect of the

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counterclaim is likely to be within the monetary limit of the jurisdiction of the Intermediate Courts; or
(d) the High Court considers that the proceedings are not likely to raise any important question of law or fact and are suitable for determination of the Intermediate Courts.
(2) Subject to subsection (3), this section applies to all proceedings commenced in the High Court which the Intermediate Courts would, apart from any limitation by reason of amount or value or annual value, have jurisdiction to hear and determine if commenced in the High Court.
(3) This section does not apply to family proceedings.
(4) Where proceedings are ordered to be transferred from the
High Court to the Intermediate Courts —
(a) any party to the proceedings shall lodge with the Registrar of the Intermediate Courts or cause to be lodged with him, the order of the High Court and the writ, or copies of them, and such other documents (if any) required by such order to be filed in the
Intermediate Court; and
(b) the Registrar of the High Court shall, on the application of that party and on the production of the order of the High Court and the filing of a copy of it, deliver to the Registrar of the
Intermediate Courts all pleadings, affidavits and other documents filed in the High Court relating to the proceedings.
(5) Subject to subsection (6), upon the documents mentioned in subsection (4) being so lodged or delivered, the proceedings shall be transferred to the Intermediate Court.
(6) The transfer shall not affect any right of appeal from the order of the High Court directing the transfer, or the right to enforce in the High Court any judgment signed, or any other order made in the High Court before the transfer.
(7) In this section, “family proceedings” means proceedings in respect of marriage, divorce, maintenance, guardianship and other matters connected with family life.

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s 16ATransfer of proceedings to Intermediate Courts

(1)

At any stage in any proceedings to which this section applies, the High Court may, in accordance with the Rules of the Supreme Court

(R 1), either of its own motion or on the application of any party to proceedings, order the transfer of the whole or any part of the proceedings to the Intermediate Courts if —

(a)

the parties consent to the transfer;

(b)

the High Court is satisfied that —

(i)

after allowance has been made for any payment, set-off or other amount admitted to be due, the amount remaining in dispute in respect of the claim is within the monetary limit of the jurisdiction of the

Intermediate Courts;

(ii)

the whole amount recoverable in respect of the claim is likely to be within the monetary limit of the jurisdiction of the Intermediate Courts; or

(iii)

in the case of proceedings not involving an unliquidated claim, the subject matter of the proceedings is or is likely to be within the limits of the jurisdiction of the Intermediate Courts;

(c)

where only a counterclaim remains in dispute, the

High Court considers that the amount recoverable in respect of the

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counterclaim is likely to be within the monetary limit of the jurisdiction of the Intermediate Courts; or

(d)

the High Court considers that the proceedings are not likely to raise any important question of law or fact and are suitable for determination of the Intermediate Courts.

(2)

Subject to subsection (3), this section applies to all proceedings commenced in the High Court which the Intermediate Courts would, apart from any limitation by reason of amount or value or annual value, have jurisdiction to hear and determine if commenced in the High Court.

(3)

This section does not apply to family proceedings.

(4)

Where proceedings are ordered to be transferred from the

High Court to the Intermediate Courts —

(a)

any party to the proceedings shall lodge with the Registrar of the Intermediate Courts or cause to be lodged with him, the order of the High Court and the writ, or copies of them, and such other documents (if any) required by such order to be filed in the

Intermediate Court; and

(b)

the Registrar of the High Court shall, on the application of that party and on the production of the order of the High Court and the filing of a copy of it, deliver to the Registrar of the

Intermediate Courts all pleadings, affidavits and other documents filed in the High Court relating to the proceedings.

(5)

Subject to subsection (6), upon the documents mentioned in subsection (4) being so lodged or delivered, the proceedings shall be transferred to the Intermediate Court.

(6)

The transfer shall not affect any right of appeal from the order of the High Court directing the transfer, or the right to enforce in the High Court any judgment signed, or any other order made in the High Court before the transfer.

(7)

In this section, “family proceedings” means proceedings in respect of marriage, divorce, maintenance, guardianship and other matters connected with family life.

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