Clause 17

Where it appears to an appropriate court, on the application of a party to any proceedings before a tribunal, that there is sufficient reason for those proceedings, or a counterclaim in those proceedings, to be dealt with by that court, that court may order those proceedings or that counterclaim (as the case may be) to be transferred to that court.

An application under subsection (1) must be made within such time and in such manner as may be prescribed by Rules of Court made under section 33.

An order under subsection (1) may be made on such terms as the appropriate court thinks fit.

Where the appropriate court orders under subsection (1) that a counterclaim in proceedings before a tribunal be transferred to that court, and the tribunal determines the claim in those proceedings by ordering the respondent to pay money to the claimant, unless that court at any time otherwise orders, execution on the tribunal’s order is stayed until the proceedings on the counterclaim are concluded.

In this section, “appropriate court” means the High Court, a District Court or a Magistrate’s Court.