Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Rules

Rules Regulating Matters in respect of Small Claims Courts

24. Non-compliance with rules, including time limits and errors

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(1)Except where otherwise provided in these rules, failure to comply with these rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default.

 

(2)Where any provision of these rules or any request made in pursuance of any such provision has not been fully complied with the court may on application order compliance therewith within a stated time.

 

(3)Where any order so made, is not fully complied with within the time so stated, the court may forthwith give judgment in the action against the party so in default.

 

(4)No process shall be invalid by reason of any obvious error in spelling or in figures or of date.

 

(5)If any party has in fact been misled by any such error in any process served upon him, the court may on verbal application grant him such relief as may be deemed just and may for that purpose set aside the process and rescind any default judgment given thereon.