Small Claims Courts, Kano State

The Small Claims Court was established in Kano State on 24 January 2019 as a division of the magistrate court to provide claimants with an accessible, inexpensive and speedy resolution platform for debt recovery disputes.

Proceedings of the Small Claims Court are regulated by the Kano State Magistrate Court’s Law Practice Directions on Small Claims 2018 (“Practice Directions”).

Benefits

  1. It has jurisdiction to entertain simple debt recovery claim at five million naira and below(N5,000,0000.000)
  2. There is a quick dispensation of claims by trained magistrate
  3. There is strict adherence to time
  4. There is limited adjournment (Fast-track proceedings)

Locations

  1. Chief Magistrate Court No. 6 NOMANSLAND
  2. Chief Magistrate Court No. 8 GWAMMAJA
  3. Chief Magistrate Court No. 25 GYADI-GYADI
  4. Chief Magistrate Court No. 29 NOMANSLAND
  5. Chief Magistrate Court No. 51 DAWAKIN TOFA

Features

A. Court Structure and Proceedings:

  • Specialized court with simplified procedures to fast track simple commercial claims of N5, 000,000 and below. (Article 2 (d) of the Practice Directions)
  • The Court may in the interest of justice, relax the application of the rules of evidence.
  • Cases are randomly assigned to Magistrates.(Article 4(2) of the Practice Directions)
  • Self-representation is encouraged by the Court.(Article 10 of the Practice Directions)

B. Alternative Dispute Resolution:

  • Magistrates are enjoined under the Practice Directions to promote, encourage and facilitate negotiation among the parties. (Article 9(1) of the Practice Directions)

C. Case Management Procedures:

  • Strict timelines for the following key court events: (i) service of process (within 7 days of filing of court summons – Article 5(1) of the Practice Directions), (ii) filing of the statement of defense (within 7 days of service of summons – Article 6(1) of the Practice Directions) and (iii) delivery of final judgment (within 14 days of the completion of hearing – Article 12 (1) of the Practice Directions).
  • Pretrial Conference to discuss the following issues: (i) scheduling; (ii) case complexity and projected length of trial; (iii) possibility of settlement; (iv) exchange of witness lists; (v) evidence; (vi) jurisdiction and other procedural issues; and (vii) narrowing down of contentious issues.
  • Hearings are conducted from day to day as far as practicable and parties may only be granted one adjournment during the entire proceedings. Adjournment or continuance which may be granted is limited to an unforeseen and exceptional circumstance. (Article 9(4) and (5) of the Practice Directions).

All claims which are filed at the Small Claims Court are expected to be heard and judgment delivered within a maximum period of 60days (Article 12(2) of the Practice Directions) and enforcement of such judgment are carried out timely as soon as commenced at the instance of the Judgment creditor.

The practices and procedures of the Small Claims Courts are set out in the Kano Small Claims Courts Practice Directions.

Reference
https://kanojudiciary.com/about-small-claim-court/

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