The Civil Court Process

What type of court cases are “civil” cases?

There are many types of civil cases; the more common cases are:

  • Contract Cases: Disputes over an agreement,usually for the payment of money for services or goods.

  • Personal Injury: This is an action to recover damages (money) for injuries sustained due to someone else’s fault such as bodily injury or injury to reputation under Defamation Act.

  • Family/Domestic: Maintenance, adultery and enticement, adoption and dissolution of marriage and Residential tenancies claim and claim for recovery of real (real estate) property.

Where do I file a civil case?

You can file acivil case in any District Court near you that are usually located in your Provincial or District Centres.

What are the court documents I must provide at District Court registry?

You must file the following documents before your case can be listed for hearing; An affidavit, a Complaint, a Summons To A Person Upon Complaint, Proof of Service and other supporting documents (evidence) you have that may help your case and the defendant must file a Notice of intention to Defend after receipt of the summons.

What is an affidavit?

An affidavit is full sworn statement that will contain the all details of the incident giving rise to your complaint and the remedies or orders you are seeking from the court.

What is a Complaint?

The Complaint is another form that will contain briefly details about the incident giving rise to your complaint

What is a Summons To A Person Upon Complaint?

This is the document that informs the defendant of the complaint and summons the defendant to appear before the court to answer to the complaint.

What is a Proof of service?

A Proof of Services is the document that you return to court and file after you have served all court documents on the defendant

Notice of Intention to Defend?

This document is filed by the defendant after receiving the Summons to indicate his/her intention to defend

What does it cost to file a civil case?

The cost for filing a civil case is K2.00. This money must be paid at your nearest government finance office and the receipt produced at the District Court registry.

What happens if I fail to attend court at court dates?

The case can be dismissed if you are the complainant or if you are the defendant the court can rule against you. You must attend court at all appointed times.

What happens if I do not win my case?

You can appeal to the National Court within 40 days.

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