The plaintiff shall return a copy of the summons and an affidavit of service (Part III of Form 2) to the clerk of the Court within three days of serving the defendant.The applicant must then arrange the serving of the summons form to the defendant.Any abandonment of any part of the claim.The interest, if any, which shall not exceed 10 per cent per annum and the amount claimed up to the date of the summons.The defendant’s full names, place of residence and place of business or employment.The Summons form will also include particulars of the claim: If no payment is made after 14 days, applicant approach the court to obtain a Summons form ( Summons- Form 2) on which the Magistrate will set the case for hearing. The opposing party has 14 days to respond.The letter should set out your claim and demand that it be settled within 14 days, failing which action will be instituted against the defendant (Letter of Demand - Form 1). To serve a standard letter of demand to the party you wish to take to court.An individual can file a claim in the Small Claims Court by filing an application at either the Gaborone Extension II or Francistown Magistrate Court.The order of the court is final and cannot be appealed against but can be reviewed on the grounds that the High Court did not have jurisdiction over the matter.Strict rules of evidence do not apply in the court and cases before the court must be completed in one sitting.If a plaintiff is unable to prepare their own documents, the clerk of court is available to assist.Interpreters are provided for those who do not understand any of the official languages used in court.The court may allow or call additional witness(es) to give evidence.Lawyers are not allowed to represent parties in that court.The proceedings are conducted in any of the official languages of Botswana.The atmosphere in the court is relaxed and informal.Key characteristics of the small claims court: ![]() The Small Claims Courts' jurisdiction is limited to a maximum of BWP10, 000.00. The objective of the Small Claims Court is to provide simplified procedure and allow access to justice for those without the means to engage lawyers for claims which are within the powers of the court. This court is only open to natural persons (not available to corporations) except as defendants or counter-claimants. The proceedings of the court are open to the public but may be held in private (in camera) for reasons of confidentiality or other special circumstances. The Small claims court operates in the Magistrate courts of Botswana and has limited powers as prescribed by the Act.
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