§666-6 Summary possession proceedings;
venue. In the case of summary possession proceedings, the person entitled
to the possession of the premises shall bring and prosecute the person's action
in the district court of the circuit wherein the lands and premises in question
are situated. [CC 1859, §940; am L 1905, c 95, §1; RL 1925, §2779; RL 1935,
§4014; RL 1945, §10405; RL 1955, §240-6; HRS §666-6; am L 1972, c 90, §8(c);
gen ch 1985]
Rules of Court
See DCRCP rule 3(b), (c)(4).
Case Notes
Necessary to allege relation of landlord and tenant exists or
has existed, how such tenancy was created, whether by lease or parol, when and
how terminated and that required notice to quit was given. 4 H. 154, 157
(1879); 13 H. 385 (1901); 22 H. 739 (1915).
Complaint held sufficient. 15 H. 632 (1904).
Right to possession, not title in issue. 20 H. 712 (1911);
22 H. 129 (1914).
The question of whether the right of trial by jury guaranteed
by article I, §10, state constitution, applies to a summary possession
proceeding was raised but not decided. 58 H. 276, 567 P.2d 1239 (1977).
Actions to dispossess lessees involving short-term rental
agreements or other leases that grant lessees solely the right of possession
may only be adjudicated in district court pursuant to this section. 74 H. 294,
845 P.2d 1186 (1992).
Cited: 6 H. 407, 408 (1883).