Civil Litigation Lecture 2012

Civil Litigation Lecture 2012 - CIVIL LITIGATION Course...

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CIVIL LITIGATION Course Instructor: Justice Richard Kuloba INTRODUCTION Civil litigation is a process of making or defending or resisting a claim form the beginning up to its successful end by the enforcement of a judgment, if it is made. The overriding objective is to: 1. Ensure that ultimately there is a just determination of the case taken to court. Your documents and presentation before the court should therefore ensure this end is realized. 2. The determination will be efcient. There must be an efcient determination of the matter. There must be an efcient use of the available judicial and administrative resources. 3. The matter at hand must be disposed of in a timely manner.(expeditiously) This should be at an affordable or reasonable cost to the parties. 4. Proper application of proper technology at the proper time 1 . STATUTES Comment [u1]: Ref: Judicial Hints in Civil Procedure Comment [u2]: C ivil_ P ro c e d ur e _ A c t _( c a p _ 2 1 ) .p df 1. Appellate Jurisdiction Act 2. Magistrates’ Courts Act 3. Kadhi’s Courts Act 4. The Constitution 5. Advocates Act a. Advocates Remuneration Rules 6. Limitation of Actions Act 7. Law Reform Act 8. Age of Majority Act 9. Defamation Act 10. Vexatious Proceedings Act 11. Arbitration Act 12. Civil Procedure Act The explanations following the sections are not statutory provisions. They simply further explain what the thought process behind the provision is. a. Civil Procedure Rules Comment [u3]: Cap 9 T he A p pe l l a t e J u ris di ct io n Act .d o c Comment [u4]: T he M a g i s t r a t e s ' Co ur t s A c t ( Cap 1 0 ) .d o c 1 S1A Civil Procedure Act 1
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In the Act, they come under Part X of the Act. Alternatively, they are found in the Civil Procedure Rules 2012. They are subsidiary legislation to the Act. They should therefore never expand nor restrict the Act. As it stands, the statute is broader than the rules. The rules govern the primary jurisdiction of the courts, particularly the trial courts. However detailed these rules are they are not to apply to other ways of litigation which are governed by special legislation. For example , in divorce proceedings, the matrimonial causes act may apply instead. Inheritance comes under probate and administration rules in the law of succession act. Bankruptcy proceedings come under the Bankruptcy rules under the bankruptcy act. For companies, winding up proceedings come under the companies (winding up) rules under the companies act. Constitutional litigation comes under the constitution, S 22 as per the rules made by the chief justice. In the absence of these rules, the court may exercise its inherent jurisdiction. At the moment, the applicable rules for instituting constitutional litigation are L.N. 6/2006. Election petitions are governed by the Election Rules under the National Assembly and Presidential Elections Act. In admiralty matters, the High Court Admiralty Rules apply for civil claims. Mortgage suits are covered under the Transfer of Property (mortgage suits) rules, S 104 of the Transfer of Property Act.
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