Judiciary Reforms - Small Claims Courts
Introduction to the new procedure
The Judiciary of Lesotho has embarked on a new reform initiative under the Civil Legal Reform Project aimed at expediting the resolution of cases that are brought to the courts of law. In particular, the reform addresses the plight of ordinary Basotho who are aggrieved by the non-payment of relatively small claims, understanding that usual litigation processes can be costly and time-consuming.
This procedure will only apply to claims in the amount of M10, 000 or less, and could be by way of outstanding debts, rents, damage, or such like. These are relatively small amounts to take through conventional processes, but are nevertheless substantial for those involved.
Under the reform, all such claims will be processed in the Magistrates’ courts through a simple judiciary procedure, which emphasises (1) Speed, (2) Simplicity, (3) Efficiency, (4) Fairness, and (5) Economy of expense.
A special court at the Magistrates’ Court in Maseru, ‘Mokhorong oa Khotla’ (the Hut of Justice),has been set aside for hearing cases under the small claims procedure. Initially, these will take place from Tuesdays to Thursdays in the afternoons. This will be reviewed as necessary as the volume of cases increase.
There will be no need for lawyers in this new Procedure; the parties themselves will present their cases before the presiding officer or ‘referee’ of the court. Complex court documents and technical processes will be avoided. Instead these will be replaced by simple forms explaining the particulars of the claimant (e.g. name, address, nature and amount of the claim).
The debtor/respondent will likewise, respond by filling in a form explaining the situation (e.g. admitting the claim, denying the claim, or making a counter claim of his/her own). In all these, the Court Clerk will be available to assist the parties, free of charge.
There will be no high expenses involved in this new procedure. Filing fees for these cases have been reduced to only one half of the normal fees. Indeed, the court upon proof of a party’s financial hardship may waive even these discounted fees altogether.
When the file is ready, the Court Clerk fixes the day for hearing the case. The clerk ensures that he/she gives all the parties sufficient time to attend the court hearing. Witnesses may be called. However at this stage, the presiding officer emphasises two important objectives namely: (1) To explore a faster settlement of the dispute between the parties; and (2) To shorten the proceedings to the extent possible. Once the case takes off, postponements of the hearings will not be allowed – except for compelling reasons only (e.g. to allow the parties to negotiate the settlement out of court).
To simplify the mechanics of this new process even further, the court will apply a very simple procedure in hearing and determining these small claims. The plaintiff in person (without a lawyer) presents his/her case first in simple format; followed by the respondent in like manner. Witnesses of each party, if any, are then called; examined and cross-examined briefly. In all these, the court does not use strict rules of evidence. Rather, it takes into account all factors, including the power to control the type of evidence allowed; and the issues required. In this way, the parties themselves are empowered to state their own case, without the expense and complexity of having to rely on professional advocates.
This procedure has been tested in other jurisdictions, worldwide; and found to be fast, fair, effective and inexpensive. For the Judiciary, the new procedure will reduce the numbers of cases that must go through the grill of the ordinary court procedures – thus freeing the judges/magistrates to attend only to the more complicated cases in their dockets. Overall, the Judiciary’s case backlog (i.e. the number of outstanding cases) will be reduced significantly over time – thereby enabling the Courts to bring justice to the people of Lesotho in a more prompt manner, and encouraging the speedy resolution of disputes. Indeed, the slogan of the court is “O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele." (In conflict there is disharmony, but in humility there is salvation.)
Over the next few weeks, the small claims procedure and the various steps involved will be looked at in more detail.
Benefits of the Small Claims Procedure
It is fairly well established that dispute resolution, using conventional litigation processes, can be very expensive for small businesses and those in low-income groups. Seeing a case, even a simple one, through to completion, can be costly, and time consuming.
As a result, this process tends to lock out a significant proportion of the population i.e. the most socially vulnerable and disadvantaged groups.
In most countries that have implemented small claims processes, the procedure has been shown to expedite resolution and helped improve access to justice for minor disputes of relatively low value, and provided an opportunity for the more socially disadvantaged to come directly before the court and be heard. It also provides businesses and traders with much-needed quick resolutions. The small claims procedure does this by setting aside legal formalities and using more simplified procedures. These ‘People’s Courts’, as they are commonly known, can be found in South Africa, Zambia, Australia, Canada, the United States, the United Kingdom, Israel, Singapore, among other jurisdictions. Efforts are also underway to introduce the same process in Ghana and Uganda.
Consultations over the past two years with stakeholders in Lesotho have indicated positive support for establishing a Small Claims Procedure in the country with a view to expediting the disposal of this category of claims (M10, 000 and below), and minimizing the expense of prosecuting such claims.
The Small Claims Procedure has therefore been introduced in Lesotho with support from the Civil Legal Reform Project, which falls under the Millennium Challenge Compact that has been entered into by the Government of Lesotho and the Millennium Challenge Corporation. The Small Claims Procedure will be implemented in the Subordinate Courts, initially Tuesday-Thursday afternoons, under the umbrella of the court titled ‘Mokhorong oa Khotla’. With time, and with the benefit of lessons learned, the procedure will be rolled out throughout the country.
The new small claims procedural dispensation offers all sectors of our society a multiplicity of benefits:
1. It seeks to synthesize the grassroots system of justice with the modern justice systems. This is done through the amalgamation of the Basotho customary laws and the dictates of the commercial forces in modern Lesotho.
2. By providing an inexpensive and expeditiously administered form of justice, it gives all litigants, regardless of their economic or social status, better access to justice which is a basic fundamental human right, and the basis of the rule of law.
3. The court fees paid by the parties in the small claims procedure are calculated as half the amount of the fees payable under the ordinary court process. For reasons of financial hardship, these fees can be waived all together.
4. It provides a predominantly substantive and comprehensible justice that effectively excludes legal technical language.
5. While the rules of civil procedure and evidence still apply, they have been simplified and therefore present the litigants with the opportunity to present their cases in person, and not through legal representation. They therefore get the opportunity to be heard on a more level playing field.
6. It introduces a more court-driven Case Management approach where the Presiding Officer, called a “Referee”, interrogates the parties in search of an appropriate solution. It is also flexible enough to provide avenues for mediation and restorative justice, guided by its slogan, “In conflict there is disharmony, but in humility there is salvation.”
7. It promotes investment confidence inside the country by providing for an effective system through which a debt recovery judicial process is simplified and expedited.
8. It ascertains the confidence of the financial institutions that Lesotho is a safe environment for the empowerment of small traders and individuals where the Small Claims Procedure can be applied to easily recover loans and the interest thereon, as well as resolve disputes between landlords and tenants.
9. It renders justice more easily accessible beyond the normal court working hours, because the Small Claims Procedure is in principle, administered in the afternoon hours until the evening.
10. It provides consumers with an avenue through which they can seek redress to recover financial damages occasioned by obtaining poor quality products and or services.
In the coming weeks, the small claims procedure and the various steps involved will be looked at in more detail.
Step One: Initiating Proceedings under the Small Claims procedure
As has been previously reported, the Small Claims Procedure has been introduced in the Subordinate Courts in Lesotho as an initiative of the civil legal reform project. Cases brought under this procedure will initially be heard from Tuesdays – Thursdays in the afternoons at the assigned court - Mokhorong oa Khotla – at the Magistracy in Maseru. With time, and lessons learned, these will be rolled out to the rest of the country.
The Small Claims Procedure aims to provide a more accessible, swifter and less expensive option for claims amounting to M10, 000 or less. These claims concern civil disputes, and may be related to the collection of debts, disputes between landlords and tenants as well as other business claims.
While the rules of Civil Procedure and Evidence will still apply, under the small claims procedure, the rules have generally been simplified so they are easy to use, faster, and therefore more economical.
Completing a Summons
If you have a complaint and want to make a claim - as a Plaintiff - under the procedure, the first step would be to obtain and complete a form titled ‘Summons Commencing Action’ (Form A). This form is available at a special registry at the designated court - the Mokhorong oa Khotla – at the Magistracy. At this registry there is a Clerk of Court who provides assistance in understanding and completing the form. This is a simple form that is an order by the court requiring the party you are bringing the complaint against – called the Defendant – to appear before the court on a specific date to respond to the claims made.
The Small Claims Procedure Rules tasks the Clerk of Court with completing the summons on behalf of the Plaintiff, and reading and explaining its content and form.
The first part of the form requires the filling in of the correct names and address of the Defendant, to whom the summons is addressed. The form also indicates:
- The name of the person making the complaint (Plaintiff);
- The date, time and place the Defendant is required to appear before the court;
- The nature and details of the complaint (the civil action) against the Defendant, including the amount being claimed by the Plaintiff which should not exceed M10, 000; and
- A list of the responses available to the Defendant.
As the Plaintiff, once you have understood and agreed with the content of the summons, you will sign the form. The Clerk of Court then authenticates the document by signing it, and placing on it the seal of the court. At a later stage, should there be problems identified with the content or form of the summons, these can be corrected at the start of the hearing. The Clerk of Court shall also have advised the Plaintiff on witnesses and the applicable fees.
The Clerk of Court will produce two copies of the summons. If there is more than one Defendant, more copies will be made. The Clerk of Court will give these copies to a messenger of the court, to deliver to the Defendant(s) at the provided addresses. The messenger of the court will use the usual avenues of serving court process, with the addition that, where circumstances require, service of documents may be made in the presence of a chief, headman, or a member of the police service.
Responding to a Summons
If you receive a summons under the Small Claims Procedure, as the named Defendant, you must respond within 14 days of receiving the summons. Failure to do so will result in what is called a Default Judgment. This means that the court will make a judgment in your absence in favour of the Plaintiff.
To respond to the claim, you will complete the second part of the summons form that is clearly titled ‘Response to Summons by Defendant’.
In responding to a claim, a Defendant has the following options available:
- Admitting the claim as demanded;
- Admitting the claim partially;
- Proposing for an out-of-court settlement, using available alternative dispute resolution mechanisms available such as Restorative Justice or Court-Annexed Mediation;
- Denying the claim in total and proposing to defend the claims set out;
- Filing a counter-claim or set off (provided it does not exceed the limit of M10, 000); and
- Requesting that the case be removed from the small claims procedure, and placed in the ordinary civil process.
Step Three: Paying the Court’s Modest Fees
The Rules governing the prosecution of small claims (namely, claims whose monetary value is M10,000 or less), are contained in Legal Notice No. 30 of 2011. The Rules were developed under the Civil Legal Reform Project, supported by the Millennium Challenge Account – Lesotho. They establish the process and the steps through which any person who has a small claim may bring it to the appropriate Court of law (the Magistrate’s Court), and pursue it through the Court system.
In this Part of the series of articles on Small Claims, we examine another set of steps established under the Rules.
However, before launching into those substantive steps, it is important to re-emphasize, as has been done before, one or two fundamental aspects of the Small Claims Procedure. First and foremost, the Procedure aims at introducing simplicity of process. The Rules weed out the complexity of the traditional litigation process. Most notably, the Small Claims Procedure excludes the complexity of drafting and filing complicated legal documents to commence and proceed with a claim in the court.
Instead, simple ordinary forms have been designed and provided in the Rules for use by the Claimant and the Defendant. Similarly, the Rules have avoided the exorbitant expenses involved in ordinary litigation. Instead, an inexpensive structure of Court fees has been put in place to match the value of small claims. In like vein, it is not necessary for the Parties, in a small claims dispute, to be represented by professional lawyers and advocates. Instead, the small claimants and defendants will be assisted by the Clerk of Court to fill in and file the necessary forms – and, then, to appear in person before the Presiding Officer to represent themselves. This is a critical step in minimizing costs (i.e., expenses) of litigating and defending a small claim; as well as avoiding technical complexities in the Courtroom. This is possible because the Court will not resort to technical rules of the law of evidence and procedure. Instead, the Court will rely on a flexible exercise of its own discretion – namely, rules of ordinary, everyday logic and fairness. In practical terms, most of the process will largely take on the elements of mediation, reconciliation and restorative justice – with the Court doing all in its power to bring the Parties to a mutual understanding and settlement of their case.
During the two steps when the Plaintiff initiates the claim (by serving a summons on the Defendant); and the Defendant makes the appropriate response to the claim, both parties pay various fees to the Court – for filing their respective Forms and documents. However, strictly consistent with the principle of minimizing the expenses of the Parties, the fees stipulated for small claims are extremely modest. They are only one half of the ordinary fees. For example, where the opening of a file using the ordinary civil procedure at the Magistrates’ Court is M30, it will be M15 under the Small Claims Procedure.
Even more importantly, the small claims fees can be set aside (waived) in appropriate circumstances – namely, for reasons of a party’s financial hardship. For such a waiver, the party needs to make an application to the Court. The application for waiver is made, not through a complicated set of legal documentation or procedure; but, rather, in a simple Form (Form C) made available at the Magistrate’s Court. As usual, the Court will be ready to assist the Party in accessing, completing and processing the waiver Form.
Fixing a Date and Calling Witnesses
When processing of all the Forms, including the form for waiver of fees where applicable, has been completed, the Clerk of Court fixes the date for hearing the claim. For this, the Clerk gives both Parties sufficient time within which to prepare for and to attend the hearing in the Court.
On that appointed day, both Parties should attend the Court. If only one Party attends, the Court may pass a default judgment (that is, without trial) against the Party that does not show up or respond to the summons. To ensure attendance, the Clerk of the Court will have issued a summons to the Defendant informing them of the claim and the court date; and may also call on and require the attendance of witnesses – using the appropriate Form – the witness Subpoena form. These (summons and subpoena) will be served by a Court Messenger – for which a small fee is paid by the Party who requests the presence of the witnesses through subpoena. Each Party may call witnesses to support his/her side of the case. At that point, the hearing of the case is ready to take off.
Step Four: The Trail
Last week, Part Four of this series on Small Claims examined the issue of the payment of the modest fees that are charged by the Court for filing small claims in the Magistrates’ Courts. Included was a discussion on the possibility of the waiver of such fees in appropriate circumstances (e.g. on account of the financial hardship of the Claimant or the Defendant.)
In this week’s article, we consider one of the most substantive of all the steps – namely, the actual Court hearing of a small claims dispute.
After the final preparations of the documents in the case by the Clerk of Court, the Parties are called to the first court hearing of their dispute. But before commencing the substantive proceedings, the Court asks the Parties to explain the issues in their dispute – for instance:
- whether the claim is one of an unpaid debt, rent, damage suffered, or other;
- whether all or only a part of the claim is still owing; and
- whether the Defendant denies or accepts the claim (in whole or in part), or otherwise has a counter-claim against the Plaintiff (who has initiated the claim).
The issue could be one of fact or of law. At this stage, the Court records the issues, in a bid to assist the Parties focus on the real cause of the dispute, and to sharpen the points of agreement and disagreement – so as to quicken the process of resolving their dispute. For this reason, the Court may order a pre-trial conference (i.e. preliminary discussion) with the Parties, to explore a faster mode of settling the dispute or, where possible, to shorten the proceedings altogether.
The hearings are conducted by a presiding officer in the Court – the “Umpire” (i.e. a Magistrate or similar officer of the Court). The Small Claims Procedure is intended to give an opportunity to the parties to come directly before the presiding officer, tell him/her their story, answer his/her questions, and let him/her settle it, and that is what most people in such matters want.
This stage is a little more structured – as the Parties now get into the resolution of the real case. First, the Plaintiff, who made the original complaint, is asked to present his/her side of the case. The presentation is a simple and brief one, basically to highlight the elements of the claim (such as the amount and the basis of the claim). After the Plaintiff, the Defendant is also called upon to state his/her own case in response – again briefly and simply. Each party may call witnesses to assist in proving their case. While these presentations are being made, the Umpire records the evidence of both Parties and their witnesses. Here once more, the Court offers important help to the Parties at this stage of the proceedings. The Court reads back to each Party and witness their recorded evidence – ensuring that they understand and agree to the accuracy of the written record. Each Party and witness signs or thumbprints the record of their evidence to certify its correctness.
To sharpen the issues in the dispute, each Party has the opportunity to cross-examine the other side and his/her witnesses. For this to be effective and efficient, the Court ensures that the Parties and the witnesses understand the essence and meaning of “cross- examination”. The Court carefully explains that the purpose of cross-examination is to challenge and question each others’ evidence, and thereby to advance the Plaintiff’s claim and the Defendant’s defence. This is done, in part, because the Parties in the Small Claims Procedure represent themselves in Court (without involving professional lawyers in the process). This results in the overall simplicity and speedy resolution of such disputes, by removing professional complexities and procedural technicalities, and therefore decreasing unnecessary delays. This informality does not remove the Court’s responsibility to provide equal consideration, impartiality and ensure procedural fairness.
One of the reasons behind extended delays in ordinary litigation is due to continuous postponements (known as adjournments) of court proceedings during the life of a trial. Under the Small Claims Procedure, no adjournments will be tolerated during the hearings except in exceptional circumstances, and only upon a specific and deliberate application by a Party presenting reasoned grounds. One such ground would be where both Parties are actively and positively negotiating a mutual settlement of their dispute, and need a little more time to conclude these negotiations.
The hearing step of the Small Claims Procedure ends the way that it started. Each of the Parties is given the opportunity to make the concluding remarks of their respective cases. Once more, the Plaintiff starts with a brief address summarizing his/her side of the case, followed by the Defendant, in identical fashion.
For further information, please contact the Magistrates’ Court
P.O. Box 354
Maseru 100
Lesotho
Tel: +266 22 32 11 51
(Next week, other steps in the process will be reviewed)
Step Four: Judgment
In article Five last week, we examined the most substantive step involved in the Small Claims Procedure – namely, the actual Court trial (or hearing) of a small claims dispute before the Magistrate’s Court. The Small Claims Procedure is part of an elaborate reform process funded by the US Millennium Challenge Corporation through the Millennium Challenge Account – Lesotho (MCA-Lesotho), and supported in its technical details by the International Law Institute – African Centre for Legal Excellence.
In last week’s article, we emphasised the Simplicity of the Court trial (no adherence to strict technical rules of evidence or procedure); the Informality (where the parties and their witnesses appear before the Magistrate without legal representation); and the Speed of the trial (where no adjournments/postponements are allowed except for very compelling reasons).
In the present article, we consider the next step in the Procedure – namely, the Adjudication of the case or dispute by the presiding officer. It is critical that both parties to the dispute appear at the scheduled hearing of their case. This is because if both parties fail to turn up, the Court must by law dismiss both the claim of the Claimant; as well as the counter-claim, if any, of the Defendant.
On the other hand, if only one party appears on the date of the hearing, the Court may, in its discretion, enter judgment with costs against the defaulting party. However, such a judgment does not become final until 30 days after it is entered. This allows the defaulting party to come to Court to show ‘a good and sufficient reason’ for his/her default; and for the Court, if satisfied, to rescind the default judgment and to reopen the case anew. To benefit from this special dispensation, the Party whose case has been dismissed for non-appearance must apply to the Court to reinstate the dismissed case. He must provide a good reason (cause) for his having failed to appear in Court the first time; and he will be required to pay a fee (of not more than M250) for the reinstatement of each claim or counter-claim. If dissatisfied with the final default judgment, the party may lodge (i.e. seek) a review of that judgment before a higher Magistrate’s court.
In the more ordinary case, where both parties appear in Court, the Presiding Officer will enter judgment after the trial. The judgment will be entered either for the Claimant or the Defendant – upon satisfactory proof of the Claimant’s claim; or proof of the Defendant’s defence, or of the Defendant’s counter-claim, if any. If neither party is able to prove his/her case, the Presiding Officer enters a judgment of ‘absolution’ (i.e. freeing either party from the claim of the other). This is done only if it appears to the Court that the total evidence produced does not justify a judgment for either the Claimant or the Defendant.
The judgment may include the costs (i.e. expenses) incurred by the winning party. Such expenses include the court fees, messenger fees, herding fees, travel expenses, and the expenses incurred by the party in calling or subpoenaing the witnesses as well as in bringing them to Court. Normally, such witness expenses comprise transport, subsistence allowances, accommodation, food, etc. Alternatively, the Court may apportion these costs between the Parties, in such proportions as it deems just.
A party against whom a final judgment has been entered may appeal the judgment. He/she must do so within 30 days from the date of that judgment, by filing the appeal with the Clerk of Court together with supporting grounds (reasons). He/she pays a modest appeal fee, messenger’s fee, plus a nominal amount of security determined by the Clerk of Court. Again, to underscore the simplicity, flexibility and economy of the Small Claims Procedure, the appellant may appeal to the Presiding Officer of the Court, to reduce even this nominal amount of the security for the appeal.
Step Five: Enforcement of Judgment
The Small Claims Procedure is part on an elaborate reform process funded by the US Millennium Challenge Corporation through the Millennium Challenge Account – Lesotho (MCA-Lesotho), and supported in its technical details by the International Law Institute – African Centre for Legal Excellence (ILI-ACLE).
The articles for the previous two weeks dealt with the trial of a Small Claims dispute before the Magistrates’ Court; and the passing of a Judgment after such a trial. This present article examines the steps involved in realizing the Judgment of the Court. As always, the winning Party will be anxious to enforce the Judgment as soon as possible, without undue delay or cost. The losing party, on the other hand, might for various reasons not respond promptly.
The experience gathered from a number of jurisdictions with a Small Claims Procedure is that in the majority of cases, Parties will deal diligently with the enforcement of a judgment, just as they did with the hearing and trial of the case in the first place – namely, mutually accommodating each other’s interests and divergent viewpoints, for the common good of both. Nonetheless, challenges could arise in the course of a Party’s efforts to enforce a judgment. Mindful of these challenges therefore, the Small Claims Procedure of Lesotho has expressly provided for legal ways and means to enforce a Small Claims Judgment.
First and foremost, conscious of the underlying speed and simplicity of the Small Claims Procedure, the Rules provide that a small claims judgment must be satisfied within thirty (30) working days form the date of the judgment – except where the Parties themselves agree otherwise. If the 30 days end without satisfaction of the judgment, the winning Party may request the Court to intervene. The Court then orders the Party in default to provide information on the nature, amount, identity and location of all the assets and liabilities of the defaulting Party. That information is provided in a single Form made available by the Court. If that Party fails to complete the Form, and to serve it to the winning party within ten (10) days, the Court may punish the failing party for contempt of court.
Secondly, an order, known as a warrant of execution, issued by the trial Court may be enforced with the assistance of any other court in the areas where the defaulting Party lives or has assets. The execution writ (i.e. the court enforcement document) is made in a Form supplied by the Court. Enforcement is through the court’s assistance. The court messenger receives the warrant; delivers it to the chief or headman of either of the winning party or of the losing party for necessary action. The court messenger then proceeds to the residence of the losing Party to demand payment of the judgment debt plus costs; or else, to attach, as much property or stock of that Party as will satisfy the debt and costs.
The Rules for the Small Claims Procedure provide elaborate safeguards to ensure security and fairness for the Party whose property is attached; as well as certainty of enforcement of the winning Party’s court judgment – including sale of the property through public auction after consultation, where possible, between the winning Party and the losing Party. The Rules do protect certain property against seizure – including essential household items of bedding, furniture, food, tools of trade, immovable property, and land allocated for crop production.
Similarly, the losing Party if unable to pay the judgment at once, may request the Court to order payment by periodical installments – in which case, execution of the judgment will be suspended for as long as he continues to pay the installments. Likewise, the Rules forbid execution against the property or stock of a losing Party from taking place between sunset and sunrise.
All these, demonstrate the fundamental flexibility and simplicity of the Small Claims Procedure; which nonetheless, aim to assure the efficiency and effectiveness of the Procedure as a tool for substantive justice in resolving disputes.
Forms
Form F: Request for Postponement
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
FORM F
CC No……………………….. Rule 23 (8)
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT……………………………………………
PLAINTIFF………………………………………………………………………………...
DEFENDANT………………………………………………………………………………
REQUEST TO POSTPONE SMALL CLAIM HEARING
1. (Person Requesting Postponement)
Name: ……………………………………………………………………………………..
Surname:……………………………………………………………………………………
Village: …………………………………………………………………………………….
U/C: ………………………………………………………………………………………..
U/PC: ………………………………………………………………………………………
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A copy of this request must be personally delivered to each of the other parties in this case. File the original request with the court and keep a copy for yourself.
If the request is not filed with the court at least 10 days before the hearing, the requesting party must give the court a good reason why the request is being filed late. The court will decide whether good cause was shown.
If the court denies your request for postponement, your case will remain set on the original date.
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REQUEST
1. I am the:
Date: ………………………………… …………………………………………..
Signature
…………………………………………………………
Print Name
ORDER
The said request for postponement is hereby,
GIVEN UNDER MY HAND, SIGNATURE AND SEAL OF THE COURT AT MASERU THIS………………DAY OF…………………….20…………….
CLERK OF COURT
Form A: Summons Commencing Action
Downloads
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
CC. No……………………………..
FORM A
(Rule 4(2))
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT………………………………………………..
PLAINTIFF………………………………………………………………………………..
DEFENDANT………………………………………………………………………………
SUMMONS COMMENCING ACTION
TO:
(Name and Address of Defendant)
Name: ………………………………………………………………………………………
Surname:……………………………………………………………………………………
Village:……………………………………………………………………………………..
U/C:…………………………………………………………………………………………
U/PC:………..……………………………………………………………………………...
You are summoned pursuant to Rule 2(1) to appear before………………………………..
……………………………………………………………………..(address of the Court)
at………………………a.m./pm on……………………….(date) or, if notice of a later day is given to you by the court, the later day, and until you are excused from further attending.
A civil action has been filed against you by………………………………………… (Name of Plaintiff) in the captioned and numbered suit under the following particulars:
(Particulars)
(1)…………………………………………………………………………………………..
………………………………………………………………………………………………
………………………………………………………………………………………………
(2)…………………………………………………………………………………………..
………………………………………………………………………………………………
………………………………………………………………………………………………
1. You may take any of the following options in response to this summons:
(a) Admit the claim in whole or in part by stating so in this summons as provided below.
(b) Request for Removal of the case from the small claims procedure.
(c) Propose an out-of-court settlement or exploration of a settlement through the Court-Annexed Mediation Program including Restorative Justice (RJ).
(d) Propose to answer the claims against you by stating your intention to defend the claims against you.
(e) File a counterclaim or set-off, that does not exceed the jurisdictional amount for Small Claims, (M10,000) by stating so in this summons and causing the same to be served upon the Plaintiff by the Clerk of Court upon payment of the Messenger fees.
2. Should you fail to appear on the abovementioned date and time set for the hearing of this matter, judgment by default will be entered against you for the relief demanded by the Plaintiff.
GIVEN UNDER MY HAND, SIGNATURE AND SEAL OF THE COURT, AT MASERU THIS………DAY OF…………………………………20……
…………………………………………………………………….
CLERK OF COURT
3. RESPONSE TO SUMMONS BY DEFENDANT
(a) I admit the claim in all the particulars as set forth in of the summons and hereby consent to judgment in the amount claimed.
………………………………………………………………………………………
……………………………………………………………………………………
(b) I admit and consent to judgment on particulars………………………..save
for particulars………………………..…which I deny on the following grounds:
……………………………………………………………………………………
………………………………………………………………………………………
(c) I proposed an out-of-court settlement through the Court-Annexed Mediation or Restorative Justice programs.
………………………………………………………………………………………
(d) I deny the claim in total and will put the Plaintiff to strict proof of it.
………………………………………………………………………………………
………………………………………………………………………………………
4. COUNTER CLAIM OR SET-OFF
………………………………………………………………………………………
(Set forth particulars of the counter claim or set-off in similar way as pleaded by the Plaintiff)
(Signature of Defendant)
DEFENDANT
DATED AT MASERU THIS…………DAY OF…………………………………..20…..
CLERK OF COURT
Form B: Return of Service
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
FORM B
(Rule 13)
CC. No……………………..
RETURN OF SERVICE
I,……………………………………………………………………………………………
do hereby make an oath and say that:
1. I have personal knowledge of the contents herein;
2. I am making this affidavit in my capacity as a messenger of the………………………………………………….………….honorable court of the district of………………………
3. I served the summons/ court order/ subpoena/ writ of execution to………………..
of……………………………………………………………………….(Name and village of defendant)
With the Summons Commencing Action, by:
Form C: Request for Waiver of Fees
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
FORM C
CC. No…………………………… (Rule 5(2))
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT………………………………………………..
PLAINTIFF……………………………………………………………………………….
DEFENDANT…………………………………………………………………………….
REQUEST FOR WAIVER OF FEES
1. (Person requesting the court to waive the fees)
Name: ………………………………………………………………………………………
Surname:……………………………………………………………………………………
Village:……………………………………………………………………………………..
U/C:…………………………………………………………………………………………
Name of Chief:……………………………………………………………………………...
2. Your occupation……………………………………………………………………
3. What court fees or charges are you requesting to be waived?
Date: ………………………………… SIGN HERE:………………………………
NOTICE
1. The court may order you to answer questions about your finances.
2. If the court waives the fees, you may still have to pay later if:
§ You cannot give the court proof of your income eligibility
§ Your financial situation improves during the case, or
§ You settle or win your civil case and recover M1000 or more. The court will have a lien on any such settlement or recovery in the amount of the waived fee and charges. The court may also charge you any collection costs that may apply.
ORDER
The said request for waiver of fees is hereby:
GIVEN UNDER MY HAND, SIGNATURE AND SEAL OF THE COURT AT MASERU THIS……DAY OF……………………………………20……….
…………………………………………….
CLERK OF COURT
Form D: Witness Subpoena and Return
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
‘In conflict there is disharmony, but in humility there is salvation.'
FORM D
CC. No………………………… (Rules 6(e), 7 (2), 10(2))
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT……………………………………………….
PLAINTIFF………………………………………………………………………………...
DEFENDANT………………………………………………………………………………
WITNESS SUBPOENA
TO:
(Name and Address of Defendant)
Name: ……………………………………………………………………………………..
Surname: ………………………………………………………………………………………………
Village:……………………………………………………………………………………..
U/C:…………………………………………………………………………………………
U/PC:……………………………………………………………………………………….
You are hereby commanded, business and other excuses set aside, to be and appear personally before the Magistrate Court, Maseru on the….day of………………20…. at…..o’clock of that day at………………………………………………………………….
And there to testify at a hearing in the matter of…………………………………………...
.……………………………………………………………………………………..……….
…..…………………………………………………………………………………………..
And that you bring with you and produce at the said hearing:
1…………………………………………………………………………………….
2…………………………………………………………………………………….
3……………………………………………………………………………………
On behalf of:……………………………………………………………………………….
(Defendant or Plaintiff in the above captioned matter)
Disobedience to this subpoena will be punished as contempt of Court in the manner provided by law.
The Messenger of Court serving this Subpoena is commanded to have the same signed in your presence and returned for presentment to court at the time and place aforesaid, certifying thereon its return.
GIVEN UNDER MY HAND, SIGNATURE AND SEAL OF THE COURT AT MASERU THIS…………DAY OF……………………………20…………
……………………………………………………………..
CLERK OF COURT
Witness Fees:
Upon service of this Subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request it.
You may request for those fees from the Clerk of the Court.
If you have any question about the witness fees or the time and date you are to appear, or to be certain that your presence is required on the date and time specified above, contact the Clerk of the Court at……………………….(Give the Telephone number of the Clerk of Court)
Form E: Return of Service
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
FORM E
Rule 13
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT………………………………………………..
RETURN OF SERVICE
I HEREBY CERTIFY that I have served a Witness Subpoena in the presence and hearing of the within named witness………………………………………………(Name of Witness served).
On the …………………day of……………………………………………...20…………..
at……………………………………………………………………………………………
……………………………………………………………………………………………..
in the District of Maseru
(Name and title of Messenger)
Form G: Request in Terms of Rule 35 (3)
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
FORM G
CC No……………………….. (Rule 35(3))
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT……………………………………………
PLAINTIFF………………………………………………………………………………..
DEFENDANT………………………………………………………………………………
REQUEST IN TERMS OF RULE 35 (3)
To the Clerk of Court
Wherein Plaintiff/Judgment Creditor obtained judgment on………………………… (enter date) against the Defendant /Judgment Debtor and 30 days have expired within which the judgment was supposed to be satisfied, Plaintiff/Judgment Creditor hereby applies for an Order that the Defendant/Judgment Debtor be ordered to provide the Judgment Creditor with information as to the nature, identity and location of all the judgment Debtor’s assets and liabilities.
…………………………………………………………………………
Signature of the Plaintiff/ Judgment Creditor and date
AND
Wherein the Court having heard the request made by the Plaintiff/Judgment Creditor as aforesaid
MAKES AN ORDER THAT:
The Defendant/Judgment Debtor provide the Judgment Creditor with information as to the nature, identity and location of all the judgment Debtor’s assets and liabilities to enable the judgment to obtain satisfaction of the judgment by way of executing non exempt assets of the judgment debtor.
By Order of Court
………………………………………………………
Referee
………………………………………………………
Court Clerk
Form H: Writ of Execution
Downloads
" O ka nketsang ha e ahe motse, motse ho ahoa oa morapeli Thesele.”
“In Conflict there is disharmony, but in humility there is salvation”
FORM H
CC. NO...................................... (Rule 35 (6))
THE KINGDOM OF LESOTHO
IN THE MAGISTRATE COURT OF MASERU
HELD AT MASERU
PLAINTIFF………………………………………………………………………………...
DEFENDANT………………………………………………………………………………
WRIT OF EXECUTION
To the Messenger of Court
You are herein directed to attach and take in your possession the property of
………………………………………………………………………………………………
Name, headman and place of the Defendant/Judgment Debtor
For satisfaction of the judgment obtained against him/her by
………………………………………………………………………………………………
Name, Headman and place of the Plaintiff/Judgment Creditor
On
…………………………………
Date of judgement
And make return of whatever you found to the Court.
GIVEN UNDER MY HAND, SIGNATURE AND SEAL OF THE COURT
AT MASERU THIS………………DAY OF………………..20……………….