18
CAP. 336]
District Court
[1984 Ed.
Procedure where proceedings beyond jurisdiction are commenced in the Court.
Transfer to Court from High Court of proceedings within jurisdiction of the Court.
Transfer of interpleader proceedings from High Court to Court.
48/865.
4
(b) that the whole proceedings be heard and determined in the Court; or
(c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off, if any, be heard and determined in the Court:
Provided that, where an order is made under paragraph (c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.
(4) If no application or report is made under this section within the time prescribed as aforesaid, or if on any such application or report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enactment to the contrary.
(22 of 1962, s. 9, incorporated)
39. (1) Where an action or matter commenced in the Court involves matter beyond the jurisdiction of the Court, any defendant may, before the expiry of 3 clear days or such other period as may be prescribed, give notice to the Court that he objects to the action or matter being tried in the Court and where such notice is given, the Court shall order that the action be transferred to the High Court.
(2) A judge may, at any stage of the proceedings, of his own motion, order that any action or matter, which involves matter beyond the jurisdiction of the Court or which appears to him, having regard to the nature of the claim or the relief sought, might be more conveniently heard and determined in the High Court, be transferred to the High Court.
(3) Nothing in this section shall empower the Court to hear and determine any proceedings involving matter beyond its jurisdiction.
(22 of 1962, s. 10, incorporated)
40. Where an action or matter commenced in the High Court is within the jurisdiction of the Court or has been brought within such jurisdiction by payment, admitted set-off or otherwise, the High Court or a judge thereof may, if it or he thinks fit, order the transfer of such action or matter to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein.
(22 of 1962, s. 11, incorporated)
41. If it appears to the High Court or to a judge thereof that any proceedings in the High Court by way of interpleader, in which the amount or value of the matter in dispute does not exceed the sum of $60,000, may be more conveniently heard and determined in the Court...
120,000
18
CAP. 336]
District Court
[1984 Ed.
Procedure where proceedings beyond jurisdiction are commenced in the Court.
Transfer to Court from High Court of proceedings within
jurisdiction of the Court.
Transfer of interpleader proceedings
from High Court to Court.
48/865.
4
(b) that the whole proceedings be heard and determined in the
Court; or
(c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off, if any, be heard and determined in the Court:
Provided that, where an order is made under paragraph (c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.
(4) If no application or report is made under this section within the time prescribed as aforesaid, or if on any such application or report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enact- ment to the contrary.
(22 of 1962, s. 9, incorporated)
39. (1) Where an action or matter commenced in the Court involves matter beyond the jurisdiction of the Court, any defendant may, before the expiry of 3 clear days or such other period as may be prescribed, give notice to the Court that he objects to the action or matter being tried in the Court and where such notice is given, the Court shall order that the action be transferred to the High Court.
(2) A judge may, at any stage of the proceedings, of his own motion, order that any action or matter, which involves matter beyond the jurisdiction of the Court or which appears to him, having regard to the nature of the claim or the relief sought, might be more conveniently heard and determined in the High Court, be transferred to the High Court.
(3) Nothing in this section shall empower the Court to hear and determine any proceedings involving matter beyond its jurisdic- tion.
(22 of 1962, s. 10, incorporated)
40. Where an action or matter commenced in the High Court is within the jurisdiction of the Court or has been brought within such jurisdiction by payment, admitted set-off or otherwise, the High Court or a judge thereof may, if it or he thinks fit, order the transfer of such action or matter to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein.
(22 of 1962, s. 11, incorporated)
41. If it appears to the High Court or to a judge thereof that any proceedings in the High Court by way of interpleader, in which the amount or value of the matter in dispute does not exceed the sum of $60,000; may be more conveniently heard and determined in the
120,000
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