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What happens if you don't show up to court after being sued in the small claims court?

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Introduction

When an individual is sued in the Small Claims Court in Kenya and fails to appear, several legal consequences may ensue. The Small Claims Court is governed by the Small Claims Court Act, 2016, and the procedures are outlined in the Small Claims Court Rules, 2018. This response will delve into the legal implications of not showing up to court after being sued, referencing relevant sections of the Small Claims Court Act and other pertinent legal provisions.

Overview of the Small Claims Court
- Jurisdiction and Purpose
- Governing Laws
Legal Obligations to Appear in Court
- Summons and Service
- Legal Requirement to Appear
Consequences of Non-Appearance
- Default Judgment
- Enforcement of Default Judgment
- Setting Aside Default Judgment
Legal Remedies and Options
- Application to Set Aside Judgment
- Appeal Process
Conclusion

1. Overview of the Small Claims Court

Jurisdiction and Purpose

The Small Claims Court in Kenya is designed to provide a simplified and expedited process for resolving minor civil disputes. The court has jurisdiction over claims not exceeding KES 1,000,000.

Governing Laws

Small Claims Court Act, 2016
Small Claims Court Rules, 2018

2. Legal Obligations to Appear in Court

Summons and Service

Section 21 of the Small Claims Court Act, 2016: This section outlines the procedure for serving a summons to the defendant. The summons must be served personally or through other prescribed methods.
Rule 5 of the Small Claims Court Rules, 2018: This rule provides details on the service of documents, including summons.

Legal Requirement to Appear

Section 22 of the Small Claims Court Act, 2016: Once a summons has been duly served, the defendant is legally obligated to appear in court on the specified date.

3. Consequences of Non-Appearance

Default Judgment

Section 23 of the Small Claims Court Act, 2016: If the defendant fails to appear in court after being duly served, the court may proceed to hear the case in their absence and may issue a default judgment against the defendant.
Rule 11 of the Small Claims Court Rules, 2018: This rule elaborates on the procedure for entering a default judgment when the defendant does not appear.

Enforcement of Default Judgment

Section 24 of the Small Claims Court Act, 2016: A default judgment issued by the Small Claims Court is enforceable in the same manner as a judgment from any other court. This may include measures such as garnishment of wages, attachment of property, or other enforcement actions.

Setting Aside Default Judgment

Section 25 of the Small Claims Court Act, 2016: The defendant has the right to apply to the court to set aside the default judgment. The application must be made within a reasonable time and must show sufficient cause for the non-appearance.

4. Legal Remedies and Options

Application to Set Aside Judgment

Section 25 of the Small Claims Court Act, 2016: The defendant can file an application to set aside the default judgment. The application should include reasons for the failure to appear and any evidence supporting the claim.
Rule 12 of the Small Claims Court Rules, 2018: This rule provides the procedure for filing an application to set aside a default judgment.

Appeal Process

Section 38 of the Small Claims Court Act, 2016: If the application to set aside the default judgment is denied, the defendant has the right to appeal the decision to a higher court. The appeal must be filed within 30 days of the decision.

Conclusion

Failing to appear in the Small Claims Court after being sued can lead to significant legal consequences, including the issuance of a default judgment. This judgment is enforceable and can result in various enforcement actions against the defendant. However, the law provides remedies such as applying to set aside the default judgment and the right to appeal. It is crucial for defendants to understand their legal obligations and the potential consequences of non-appearance to avoid adverse outcomes.

By adhering to the procedures outlined in the Small Claims Court Act, 2016, and the Small Claims Court Rules, 2018, individuals can navigate the legal process more effectively and protect their rights.