Section 11: Jurisdiction of civil courts

(1)Except as is provided in this Act or the Magistrates Courts Act, suits and proceedings of a civil nature shall be instituted in the High Court.

(2)Whenever for the purposes of jurisdiction or court fees it is necessary to estimate the value of the subject matter of a suit capable of a money valuation, the plaintiff shall, in the plaint, subject to any rules of court, fix the amount at which he or she values the subject matter of the suit; but if the court thinks the relief sought is wrongly valued, the court shall fix the value and return the plaint for amendment.

(3)In any class of suits where the subject matter does not admit of being satisfactorily valued, it may be prescribed by rule that suits of that class shall be treated as if their subject matter were of such value as may be specified in the rule.

(4)In any suit where it is impossible to estimate the subject matter at a money value in which by reason of any finding or order of the court a declaration of ownership of any money or property is made, no decree shall be issued for an amount on the claim exceeding the pecuniary limits of the ordinary jurisdiction of the court passing the decree.

(5)Notwithstanding the other provisions of this section, any suit may be instituted in the High Court which could have been commenced in a magistrate’s court; and then in every such case, if the plaintiff shall recover a sum less than four hundred shillings, he or she shall not be entitled to any costs, and if the plaintiff shall recover a sum of four hundred shillings or upwards, but not exceeding the pecuniary limit of the magistrate’s court’s jurisdiction, he or she shall not be entitled to any more costs than he or she would have been entitled to if the action had been brought in the magistrate’s court unless in any such action a judge of the High Court certifies that there was reason for bringing the action in that court, or unless such judge in chambers shall by order allow costs on the High Court scale.