1984 Ed.]
District Court
[CAP. 336
17
(g) proceedings for relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the sum of $60,000: Amended, 35 of 1966, s. 3; 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N.387/83)
(2) In all such proceedings as aforesaid a judge shall, in addition to any other powers and authority possessed by him, have all the powers and authorities, for the purpose of this Ordinance, of a judge of the High Court acting in the exercise of the equitable jurisdiction of the High Court.
(3) Nothing in subsection (1) shall have the effect of giving jurisdiction to the Court in any proceedings relating to the recovery of any land or the title to any hereditament, where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance, or the annual value of the land or hereditament, whichever is the least, exceeds $45,000. Added, 35 of 1966, s. 3. Amended, 68 of 1973, s. 3; 79 of 1981, s. 2 and L.N.387/83)
(22 of 1962, s. 8, incorporated)
37A. Notwithstanding this Part but subject to section 5(3) of the Small Claims Tribunal Ordinance, the Court shall not have jurisdiction to hear and determine any action or matter that lies within the jurisdiction of the Small Claims Tribunal, unless the Court has jurisdiction under the Small Claims Tribunal Ordinance.
(Added, 79 of 1975, s. 40)
Counterclaims, Transfer of Proceedings and Miscellaneous Provisions as to Jurisdiction
38. (1) Where in any action or matter commenced in the Court, any counterclaim or set-off and counterclaim of any defendant involves matter beyond the jurisdiction of the Court, any party to the action or matter may, within such time as may be prescribed by the Rules of the Supreme Court, apply to the High Court or to a judge thereof for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court. (Amended, 103 of 1970, s. 3)
(2) In any such proceedings, and at any stage thereof, a judge may, at any time of his own motion, report to the Registrar of the Supreme Court the facts and circumstances of or relevant to such proceedings and the Registrar of the Supreme Court shall thereupon place such report before the High Court or before a judge thereof.
(3) On any such application or report, the High Court or a judge thereof may, as it or he thinks fit, order either-
(a) that the whole proceedings be transferred to the High Court; or
5.
18/18 5-¢
(Cap. 338.)
69/895-4
Exclusion of actions within jurisdiction of Small Claims Tribunal.
Jurisdiction as to counterclaim.
(Cap. 4, sub. leg.)
1984 Ed.]
District Court
[CAP. 336
17
(g) proceedings for relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the sum of $60,000: Amended, 35 of 1966, s. 3; 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83)
(2) In all such proceedings as aforesaid a judge shall, in addition to any other powers and authority possessed by him, have all the powers and authorities, for the purpose of this Ordinance, of a judge of the High Court acting in the exercise of the equitable jurisdiction of the High Court.
(3) Nothing in subsection (1) shall have the effect of giving jurisdiction to the Court in any proceedings relating to the recovery of any land or the title to any hereditament, where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance, or the annual value of the land or heredita- ment, whichever is the least, exceeds $45,000. Added, 35 of 1966, s. 3. Amended, 68 of 1973, s. 3; 79 of 1981, s. 2 and L.N. 387/83)
(22 of 1962, s. 8, incorporated)
37A. Notwithstanding this Part but subject to section 5(3) of the Small Claims Tribunal Ordinance, the Court shall not have jurisdiction to hear and determine any action or matter that lies within the jurisdiction of the Small Claim Tribunal, unless the Court has jurisdiction under the Small Claims Tribunal Ordinance.
(Added, 79 of 1975, s. 40)
Counterclaims, Transfer of Proceedings and Miscellaneous Provisions as to Jurisdiction
38. (1) Where in any action or matter commenced in the Court, any counterclaim or set-off and counterclaim of any de- fendant involves matter beyond the jurisdiction of the Court, any party to the action or matter may, within such time as may be prescribed by the Rules of the Supreme Court, apply to the High Court or to a judge thereof for an order or that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court. (Amended, 103 of 1970, s. 3)
(2) In any such proceedings, and at any stage thereof, a judge may, at any time of his own motion, report to the Registrar of the Supreme Court the facts and circumstances of or relevant to such proceedings and the Registrar of the Surpeme Court shall thereupon place such report before the High Court or before a judge thereof.
supreme
(3) On any such application or report, the High Court or a judge thereof may, as it or he thinks fit, order either-
(a) that the whole proceedings be transferred to the High
Court; or
5.
18/18 5-¢
корац
(Cap. 116.)
69/895-4
Exclusion of actions within jurisdiction of Small Claims Tribunal.
(Cap. 338.)
Jurisdiction as to counterclaim.
(Cap. 4, sub. leg.)
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