Both complaints were filed against a senior registrar of the Magistrate's Court, in her handling of Small Claims Court cases. As part of his decision on two complaints, the Commissioner, Judge (Retd.) Asher Kola, outlined guidelines for the proper course of action in the Small Claims Court in these aspects.
In his decision, the Commissioner wrote: "The Commissioner wished to state the obvious - a proposal to decide a case through compromise is not and should not be a routine mechanical procedure of the judge at the beginning of the hearing before him...
As a matter of fact, the Commission has already commented on more than one occasion in the past that the court's explanations regarding the determination of costs, should a reasoned judgment be rendered, must be stated in proportionate and cautious language, in a manner that will not be interpreted as a threat or as exerting pressure on any of the parties who did not consent to end the proceedings in a settlement or by way of settlement.
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It is also clear that the "high expenses" box should not be used.".
