Content Page: HOUSING STANDARDS CONTROL ACT Chapter 29:08

  • 18 Contents of summons

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    Innocent Munyaka

    A summons shall set out—(a) the nature of the order applied for; and(b) a full description of the building concerned and the location thereof; and(c) the grounds upon which the authority considers that the building concerned is of an unsatisfactory standard; and(d) in the case of an application for a repair order, the nature of…

  • 17 Issue of summons

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    Innocent Munyaka

    (1) Where an authority wishes to apply to a housing court for an order, it shall applyin writing to the clerk of court for the issue of a summons.(2) Upon an application in terms of subsection (1), the clerk of court shall issue asummons in the prescribed form calling upon the owner and any right…

  • 16 Authority may apply for repair, demolition or closure order

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    Innocent Munyaka

    Where an authority considers that any building within its authority area is of an unsatisfactory standard and—(a) can be raised or restored at a reasonable cost to a satisfactory standard, the authority may apply to a housing court for a repair order; or(b) cannot be raised or restored at a reasonable cost to a satisfactory…

  • 15 Appeal from decision of housing court

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    Innocent Munyaka

    (1) Any party who is dissatisfied with any decision of a housing court may appeal against such decision to the High Court within thirty days from the announcement by the housing court of such decision:Provided that if, before the hearing commenced, the parties had lodged with the clerk of court an agreement in writing that…

  • 14 Costs

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    Innocent Munyaka

    (1) In determining any question referred to it, a housing court may make such order as to costs as it may deem just.(2) The costs referred to in subsection (1) shall be payable in accordance with— (a) the scale of costs for the time being in use in a magistrates court in civil cases; or(b)…

  • 13 Contempt of housing court

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    Innocent Munyaka

    If any person willfully insults a housing court or any assessor thereof during any sitting of the housing court or willfully interrupts the proceedings of the housing court or otherwise willfully disturbs the peace or order of such proceedings, the housing court may order the person to be removed and detained in custody until the…

  • 12 Witness giving false evidence

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    Innocent Munyaka

    Any witness who, after being duly sworn, makes a false statement of fact material to any question under investigation before a housing court, knowing such statement to be false or not knowing or believing it to be true, shall be guilty of an offence and liable to a fine not exceeding two thousand dollars or…

  • 11 Witnesses failing to attend or refusing to be sworn or to give evidence

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    Innocent Munyaka

    (1) If any person who has been subpoenaed to give evidence or to produce any book or document before a housing court fails to attend or to remain in attendance until duly excused by the housing court from further attendance, the housing court may, if it is satisfied upon oath or by the return of…

  • 10 Summoning of witnesses and privileges thereof

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    Innocent Munyaka

    (1) A housing court shall have power to— (a) summon witnesses; and(b) call for the production of, and grant inspection of, books and documents; and(c) examine witnesses on oath.(2) A subpoena for the attendance of witnesses or the production of books and documents shall be—(a) signed by the clerk of court; and(b) served in the…

  • 9 Adjournments

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    Innocent Munyaka

    A housing court may adjourn its proceedings for periods not exceeding twenty-one days at a time.