What to Do If Your Small Claims Court Case Exceeds 60 Days

The SCC typically settles disputes within 60 days. But what happens if your case drags on past this deadline?

A High Court decision ruled that any judgment delivered after 60 days is null and void.

If your case has exceeded this timeline, you may need to act. Here’s what to know and what to do next.

1. If You are a Claimant and the Delay Isn’t Your Fault

If the delay was caused by the court or the other party, you should:

  • Withdraw the case
  • Oppose any attempt by the other party to make you pay costs
  • File a fresh claim

Why? Because a case that hasn’t been fully decided can be refiled. You don’t lose your right to claim what is owed to you.

2. If You’re a Claimant and the Delay Is Your Fault

Maybe you delayed submitting documents, missed a hearing, or asked for adjournments. In this case, let the case proceed to judgment. However, if the judgment is later declared null and void due to the delay, file a fresh claim.

Why?

Even if the court gives a ruling, it won’t be legally valid, so start over.

3. If You’re a Respondent and the Delay Isn’t Your Fault

As a respondent, if you didn’t cause the delay, you should:

  • Wait until 60 days have passed
  • File an objection (Preliminary Objection – PO) to have the case struck out

Why? Once 60 days have passed, the court no longer has the legal power to handle the case.

4. If You are a Respondent and the Delay Is Your Fault

If your actions contributed to the delay (e.g., requesting adjournments), you should:

  • Try to settle the matter out of court
  • If settlement fails and a judgment is issued against you, apply for a review to have it set aside

Why? Courts expect parties to help them function efficiently, and if a judgment is issued beyond 60 days, it can be challenged.

5. If You Are a Claimant/Appellant in an Appeal

If your case is on appeal and the original judgment was issued after 60 days, you should:

  • Withdraw your appeal
  • File a review asking for the judgment to be set aside
  • File a fresh claim

Why? You must formally cancel the invalid judgment before starting over.

6. If You Are a Respondent in an Appeal

If the claimant has appealed a judgment that was delivered after 60 days, you should:

  • Raise an objection (Preliminary Objection – PO) stating that the judgment is null and void

Why? There is no legal backing that judgments beyond 60 days cannot stand.

What This Means for the Small Claims Court

At Milimani Small Claims Court, the average time to complete a case is 72 days, meaning many cases could now be challenged. This could lead to a surge in applications for judgments to be set aside.

To prevent further delays, adjudicators (judicial officers handling SCC cases) are encouraged to:

  • Avoid unnecessary adjournments
  • Stop accepting lengthy written submissions
  • Use their authority to hear cases quickly and give same-day judgments

The Bottom Line

If your SCC case is past 60 days, you must act. Whether you are a claimant or respondent you can either, restart your case or challenge an invalid judgment.

With this new ruling, courts must work harder to deliver judgment on time. If they don’t, parties must know their rights and take the necessary steps to protect their interests.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat at 0708111222. 

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