menu

Empirical Study to Examine the Efficacy of the Small Claims Court, and to Identify any Bottlenecks that Bedevil the Workings of the Small Claims Court and its Ability to Enhance Access to Justice.

 

 

Table of Contents

LIST OF TABLES & FIGURES. 3

ACRONYMS. 4

KEY TERMS. 4

EXECUTIVE SUMMARY.. 5

1.0 INTRODUCTION AND BACKGROUND.. 6

1.1 About Public Interest Law Clinic. 6

1.2 Objectives of the study: 6

1.3 Background to the introduction of small claims procedures. 7

1.4 Legal and policy framework. 8

1.5 Overview of the Small Claims Procedure. 9

2.0 LITERATURE REVIEW... 12

3.0 METHODOLOGY FOR THE STUDY.. 15

3.1 Approach. 15

3.2 Data Collection and Analysis. 16

3.3 Coverage of the study. 16

3.4        Limitations of the study. 17

4.0 FINDINGS ON EFFICACY OF THE SCP.. 17

4.1 Findings from the survey. 18

4.1.1 Datasets for the SCP study. 19

4.1.2  Characteristics of the respondents. 20

4.1.3 Literacy and education level 21

4.1.4 Occupation of Respondents. 22

Source: Court user survey. 23

4.1.5 Gender profiles for the SCP claimants. 23

4.1.6  Simplicity of proceedings. 25

4.1.7 Period in court. 26

4.1.8 Source of information. 27

4.1.9 Clients satisfaction with various aspects of the SCC. 27

4.1.10 Conclusions and discussions from above surveys: 30

4.2 Findings from the overall annual SCP annual performance and activity reports. 31

4.3 Findings from Key Informant Interviews. 32

5.0 BOTTLENECKS AFFECTING THE WORKINGS OF THE SMALL CLAIMS COURT AND ITS ABILITY TO ENHANCE ACCESS TO JUSTICE.. 33

6.0 SWOT ANALYSIS OF THE SCP.. 37

7.0 RECOMMENDATIONS. 38

8.0 BEST PRACTICES. 40

9.0 CONCLUSION.. 42

Annex 1: Terms of Reference. 42

Annex 2 : List of Respondents. 44

Annex 3: List of Literature reviewed. 45