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Magistrates' Courts Act (Amendment) Promulgation 2007

INTERIM GOVERNMENT OF THE REPUBLIC OF THE FIJI ISLANDS

MAGISTRATES' COURTS ACT (AMENDMENT) PROMULGATION 2007

(PROMULGATION No. 34 OF 2007)

IN exercise of the powers conferred upon the Interim Government, and upon the exercise of my own deliberate judgement as President of the Republic of the Fiji Islands as to what is best and good for the people of Fiji, and by the executive authority of the State in accordance with section 85 of the Constitution and such other powers as may appertain, and with the advice of Cabinet, I, Josefa Iloilovatu Uluivuda, make this Promulgation to-

AMEND THE MAGISTRATES' COURTS ACT

Short title

1. This Promulgation may be cited as the Magistrates' Courts Act (Amendment) Promulgation 2007.

Section 16 substituted

2. The Magistrates' Courts Act (Cap. 14) is amended by repealing section 16 and substituting the following section-

"Jurisdiction of magistrates in civil causes

16. -(1) Without prejudice to the jurisdiction of a magistrate under this Act or other written law, a resident magistrate shall have and exercise jurisdiction in the following civil causes-

(a) in all personal suits arising out of any accident in which any vehicle is involved if the amount, value or damages claimed, whether as a balance claimed or otherwise, is not more than $50,000;

(b) in all other personal suits, whether arising from contract, or from tort, or from both, if the value of the property or the debt, amount or damage claimed whether as a balance claimed or otherwise, is not more than $50,000;

(c) in all suits between landlords and tenants for possession of any land (including any building or part thereof) claimed under any agreement or refused to be delivered up, if the annual value or annual rent does not or did not exceed $50,000;

(d) in all suits involving trespass to land or for the recovery of land (including any building or part thereof) irrespective of its value, where no relationship of landlord and tenant has at any time existed between any of the parties to the suit in respect of the land or any part of the land (including any building or part thereof);

(e) in any type of suit covered by paragraphs (a) to (d) whatever the value, amount, debt, damages sought to be recovered is, or whatever the annual value or annual rent is, if all the parties or their respective barristers and solicitors consent thereto in writing;

(f) to issue writs of habeas corpus for the production before the court of any person alleged upon oath to be wrongfully imprisoned and detained, and to make orders thereon;

(g) to appoint guardians of infants, and to make orders for the custody of infants;

(h) to grant in any suit instituted in the court injunctions or orders to stay waste or alienation or for the detention and preservation of any property the subject of such suit, or to restrain torts or breaches of contracts;

(i) to enforce by attachment any order made by the court;

(j) to commit to prison for a term not exceeding 6 weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from the person under an order or judgment of the court or any other competent court (including the High Court).

(2) A magistrates' court shall not exercise the following jurisdiction-

(a) in suits wherein the title to any right, duty or office is in question; or

(b) in suits wherein the validity of any will or other testamentary writing or of any bequest or limitation under any will or settlement is in question; or

(c) in suits wherein the legitimacy of any person is in question; or

(d) except as specifically provided in the Family Law Act or any other written law, in suits wherein the validity or dissolution of any marriage is in question; or

(e) in any action for malicious prosecution, libel, slander, seduction or breach of promise of marriage.

(3) For subsection (1)(a) to (e), if any such suit has already been commenced in the High Court, the suit may only be transferred to the resident magistrate's court with the prior consent of the High Court.

(4) For subsection (1)(j)-

(a) the power for committal shall only be exercised if it is proved, to the satisfaction of the resident magistrate, that the person making default -

(i) has, or has had since the date of the order or judgment, the means to pay the sum in respect of which the person has made default; and

(ii) has refused or neglected or refuses or neglects to pay the same;

(b) the resident magistrate may direct any debt due from any person, under an order or judgment of that or of any other competent court (including the High Court), to be paid by instalments, and may rescind or vary such order.

(5) A second or third class magistrate shall have and exercise jurisdiction in civil causes under subsection (1)(a), (b), (i) and (j) as follows-

(a) for a second class magistrate, any cause or matter not exceeding $2,500; and

(b) for a third class magistrate, any cause or matter not exceeding $500.

(6) If in any action the debt or demand consists of a balance not exceeding $50,000 after an admitted set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, a magistrate shall have jurisdiction and power to hear and determine such action within the limits of jurisdiction and power under this section."

Transitional and saving

3. Any civil case already instituted in the High Court at the commencement of this Promulgation and with respect to which jurisdiction is vested in a magistrate's court by reason of this Promulgation may, with the consent of the parties, be remitted under an order of a Judge of the High Court to the magistrate's court for hearing and determination.

Given under my hand this 27th day of September 2007.

J. I. ULUIVUDA
President of the Republic of the Fiji Islands