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MAGISTRATES COURTS ACT 1921 - SECT 4 Jurisdiction of Magistrates Courts

MAGISTRATES COURTS ACT 1921 - SECT 4

Jurisdiction of Magistrates Courts

4 Jurisdiction of Magistrates Courts

(1) Subject to this Act—
(a) every personal action in which the amount, value or damage sought to be recovered is not more than the prescribed limit, whether on a balance of account or after an admitted set-off or otherwise, including any claim for detention of goods or chattels; and
(b) every action brought to recover a sum of not more than the prescribed limit, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will; and
(c) every action in which a person has an equitable claim or demand against another person in respect of which—
(i) the only relief sought is—
(A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or
(B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and
(ii) the amount, value or damage claimed is not more than the prescribed limit;
may be commenced in a Magistrates Court, and all Magistrates Courts shall within their respective districts have power and authority to hear and determine in a summary way all such actions.
(2) For the purpose of determining whether a Magistrates Court has jurisdiction under subsection (1) for a claim for detention of goods or chattels, the amount claimed is taken to be the total of—
(a) the amount claimed for the value of the goods or chattels; and
(b) any amount claimed for damages for the detention of the goods or chattels.