Section 17: When defendant resists the claim
consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17. When defendant resists the claim
(1) (a) Where the defendant appears and does not admit the demand, his
plea or defence shall be recorded.
D12 – 5 [Issue 1]
District and Intermediate Courts (Civil Jurisdiction) Act
(b) The Court shall then proceed to hear such witnesses as the plaintiff may call and such other proof as he may adduce in support of his plaint,
and hear such witnesses as the defendant may call and such other proof as
he may adduce in his defence.
(c) When the Court has heard what each party has to say, it shall
give such judgment as justice may require and may award costs to the successful party.
(2) The clerk shall take minutes of the proceedings and shall also take
down in writing the depositions of witnesses.
Ask juris about this section Official source
Questions this section answers
- If the defendant disputes my claim, will both sides get to call witnesses before the court decides?