TheCable

The Enugu state government has inaugurated 10 small claims courts to address the challenge of delays in settlement of financial disputes.

Speaking at the inauguration on Wednesday, Afojulu Ozoemena, Enugu chief judge, who was represented by Reuben Odugu, a judge, said the courts would be presided by magistrates.

He noted that the courts would entertain financial disputes ranging from N5 million to N10 million.

The chief judge commended Peter Mbah, the governor of Enugu, for “his commitment to effective justice dispensation in the state”.

“In human interactions and communications, particularly, in the conduct of business, it is almost inevitable that disagreements will occur which usually will require the intervention of the judicial system for their resolution,” he said.

“Consequently, the ability to resolve contractual disputes on real-time basis is, therefore, fundamental in ensuring that both the markets and economies function properly. 

“In order to fulfill this obligation, the adoption of a system of dispute resolution that is fast, informal and inexpensive becomes imperative. 

“In line with the foregoing, the small claims court was created with specific duties and powers.

“It is a specialized court designed to provide judicial determination of disputes involving small amounts of money.

“The court provides an accessible, inexpensive, speedy forum for dispute resolution of small monetary claims. The claims can be heard with or without legal representation. 

“Small claims court, ordinarily, is a court of limited jurisdiction that hears disputes between litigants in the magistrates’ courts.

“The legal framework for the operation of the court in Enugu state has been put in place.

“The Magistrates’ Court Law (Practice Directions on Small Claims) 2023 (the “Practice Directions”) made pursuant to the Magistrates’ Courts Law of Enugu State, 2004 was issued in the month of July, 2023. 

“The Magistrates’ Court Law of Enugu State and the Magistrates’ Court (Civil Procedure) Rules of Enugu State are applicable to the proceedings in the Small Claims Court, particularly, in areas not covered by the Practice Directions, 2023.

“The monetary jurisdiction of the Court is N5,000,000 and a maximum of N10,000,000 in the case of a counterclaim.”

The chief judge thanked the secretariat of the presidential enabling business environment council (PEBEC) for being of immense support in the training of the 10  magistrates and 10 assistant chief registrars towards the establishment and operationalisation of the courts,

He added that the courts would start entertaining cases soon after the inauguration.