Ask a lawyer:
What happens if you don't show up to court after being sued in the small claims court?
Introduction
In Kenya, the Small Claims Court is designed to handle minor civil disputes efficiently and cost-effectively. However, it is crucial to understand the implications of not showing up to court after being sued in the Small Claims Court. This response will explore the consequences, legal provisions, and relevant case laws associated with failing to appear in court.
Table of Contents
Overview of Small Claims Court in Kenya
Consequences of Not Showing Up
2.1 Default Judgment
2.2 Dismissal of the Case
2.3 Bench Warrants
Legal Provisions
3.1 Civil Procedure Rules
3.2 Small Claims Court Act
Relevant Case Laws
4.1 Case Law 1: Jeremiah Arnold Opande Arodi & Ida Nereah Adhiambo Arodi v Washington Jakoyo Midiwo
Conclusion
Sources
1. Overview of Small Claims Court in Kenya
The Small Claims Court in Kenya was established to provide a simpler, quicker, and more affordable means of resolving minor civil disputes. The court handles claims not exceeding Ksh 1,000,000. The procedures are less formal, and parties can represent themselves without necessarily hiring an advocate.
2. Consequences of Not Showing Up
2.1 Default Judgment
If you are the defendant and fail to appear in court after being sued, the court may issue a default judgment against you. This means that the court will decide the case in favor of the plaintiff based on the evidence presented, without hearing your side of the story. The plaintiff must still prove their case to the satisfaction of the court, but your absence significantly weakens your position.
2.2 Dismissal of the Case
If you are the plaintiff and fail to appear in court, your case may be dismissed. According to Order 17, Rule 2 of the Civil Procedure Rules, the court may issue a notice to show cause why the suit should not be dismissed. If no satisfactory reason is provided, the case will be dismissed, often with prejudice, meaning you cannot refile the same claim.
2.3 Bench Warrants
In some instances, particularly if your absence is deemed contemptuous or if you have been summoned to appear, the court may issue a bench warrant for your arrest. This is more common in criminal cases but can occur in civil cases if the court believes your absence is obstructing justice.
3. Legal Provisions
3.1 Civil Procedure Rules
The Civil Procedure Rules, particularly Order 17, provide guidelines on the consequences of non-appearance in court. Order 17, Rule 2 allows the court to dismiss a case if the plaintiff does not show up, while Order 17, Rule 3 allows the court to proceed with the hearing in the absence of either party.
3.2 Small Claims Court Act
The Small Claims Court Act also outlines the procedures and consequences for non-appearance. Section 23 of the Act allows the court to proceed ex parte (in the absence of one party) if the defendant does not appear, provided the plaintiff can prove their case.
4. Relevant Case Laws
4.1 Case Law 1: Jeremiah Arnold Opande Arodi & Ida Nereah Adhiambo Arodi v Washington Jakoyo Midiwo
Parties: Jeremiah Arnold Opande Arodi & Ida Nereah Adhiambo Arodi (Suing through their attorney Nicodemus Atito Arodi) v Washington Jakoyo Midiwo; Housing Finance Limited & Legend Management Limited (Third Parties)
Outcome: The court proceeded with the case despite the absence of one party, emphasizing the importance of appearing in court to defend one's interests.
Relevance: This case illustrates the court's discretion to proceed with hearings in the absence of a party, reinforcing the consequences of non-appearance.
5. Conclusion
Failing to appear in the Small Claims Court after being sued can have serious consequences, including default judgments, dismissal of your case, and potentially bench warrants. It is crucial to attend court sessions or provide a valid reason for your absence to avoid these repercussions. Understanding the legal provisions and relevant case laws can help you navigate the process more effectively.
6. Sources
By understanding these aspects, you can better prepare for your court appearance and avoid the negative consequences of non-appearance.
Answered by mwakili.com