s 54F Transfer of counterclaim from Magistrate’s Court to District Court
54F.—(1) Where, in any civil proceedings pending in a Magistrate’s Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the Magistrate’s Court limit, any party to the proceedings may apply to the District Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set‑off and counterclaim, be transferred to the District Court. (2) On any application under subsection (1) or on its own motion, the District Court may, as it thinks fit, and on such terms as it sees fit, order —(a) that the whole proceedings be transferred to a District Court; (b) that the whole proceedings be tried in a Magistrate’s Court; or (c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to a District Court and that the proceedings on the claimant’s claim and the defence thereto other than the set-off (if any) be tried in a Magistrate’s Court.[Act 25 of 2021 wef 01/04/2022] (3) Where an order is made under subsection (2)(c), and judgment on the claim is given for the claimant, enforcement thereon, unless the District Court at any time otherwise orders, is to be stayed until the proceedings transferred to the District Court have been concluded.[Act 25 of 2021 wef 01/04/2022] (4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in a Magistrate’s Court, the Magistrate’s Court has jurisdiction to try the proceedings, despite any other provision of this Act.