Section 136: Transfer of proceedings

136. Transfer of proceedings (1) In any action commenced in the Supreme Court, the Court may at any time, on application made in that behalf by any party by way of motion, make an order that the claim and counterclaim, if any, or, if the only matter remaining to be tried is the counterclaim, the counterclaim, be transferred to any Court which has jurisdiction to hear and determine the subject matter of the claim or counterclaim, as the case may be, and the amount thereof. (2) Where an order is made under subsection (1), the costs of the proceedings before the Supreme Court, including the costs of the application for the transfer, shall be in the discretion of the Supreme Court. (3) The Court to which any claim or counterclaim has been transferred by an order made under subsection (1) shall adjudicate upon the claim or counterclaim as if the action had been commenced there and the provisions regulating the procedure of that Court in civil matters shall apply, mutatis mutandis, to any claim or counterclaim so transferred. C54 – 35 [Issue 4] Courts Act (4) (a) Where— (i) the trial of an action which has been entered in the Intermediate Court has not yet begun; and (ii) the sum or matter in dispute, whether in balance of account or otherwise, but exclusive of interest and costs, does not exceed the prescribed amount in relation to District Courts, the Intermediate Court may, with the written consent of the Chief Justice, order that the action be removed to the appropriate District Court. (b) Where an action is removed to a District Court under paragraph (a), it shall be heard and determined by that Court as if it had been originally entered there. 137. – 154. — PART IV – LAW IN FORCE AND TO BE APPLIED IN COURTS 155. – 156. —