If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the Prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.
10 Del. C. § 5109