CIVIL LITIGATION 2015-2016-JUDGEMENT, DECREE & ENFORCEMENT.pdf

CIVIL LITIGATION 2015-2016-JUDGEMENT, DECREE & ENFORCEMENT.pdf

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THE KENYA SCHOOL OF LAW Advocates Training Programme (ATP) COURSE : CIVIL LITIGATION TOPIC: JUDGEMENT, DECREE & ENFORCEMENT Isaac Simiyu Kuloba LLM, LLB (Hons) NBI, PG Dip (Law) KSL Principal Lecturer 1 KSL-ATP - ISAAC SIMIYU KULOBA
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Outline of the Presentation KSL-ATP - ISAAC SIMIYU KULOBA 2 Introduction Judgement-meaning, types, content, etc. Decree-meaning, content, drawing, types, etc. Execution/enforcement of decrees-types of execution, procedure of execution, contested execution, execution against Government
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Judgement KSL-ATP - ISAAC SIMIYU KULOBA 3 The CPA does not define the word judgement Judgement is the decision of a court upon hearing a case; may be after considering submissions made by parties Judgement may be of any of the following types: Interlocutory (interim)-deciding a particular issue prior to the hearing Final-finally disposing of a matter In personam -imposing a personal liability on a party In rem - determining some issue of right, status, or property binding people generally
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Judgement KSL-ATP - ISAAC SIMIYU KULOBA 4 Other types of judgement may be- judgement on admission summary judgement judgement in default of appearance or defence Judgement creditor-person in whose favour the judgement has been given Judgement-debtor-person who is liable under a judgement
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Judgement KSL-ATP - ISAAC SIMIYU KULOBA 5 After the suit has been heard and concluded, the court may either deliver judgement forthwith or within 60 days and notice must be given to the parties A court may deliver a judgement dated and signed but not delivered by a predecessor A High Court judge can deliver a judgement dated and signed by another High Curt judge but not pronounced/delivered A judge who has written a judgement is to date and sign it in the open court at the time of delivery
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Judgement KSL-ATP - ISAAC SIMIYU KULOBA 6 Once dated, signed and pronounced, a judgement cannot be altered except under the ‘slip rule’ (s. 99 of the CPA) [or on review or appeal] A judgement in a defended/contested suit is to contain the following: a concise statement of the case; the points for determination; the decision thereon; the reasons for such decision; in a suit where issues are drawn, a finding on each issue
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Judgement KSL-ATP - ISAAC SIMIYU KULOBA 7 Where there is a prayer for a judgment which, if entered, would result in some alteration to the title to a registered land, a certified copy of the title must be produced to the court before any such judgment is delivered [Order 21 r. 6]
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Decree KSL-ATP - ISAAC SIMIYU KULOBA 8 A decree is defined under s. 2 of the CPA as- “the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final; it includes the striking out of a plaint and the determination of any
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  • Winter '12
  • kariuki
  • Law, Isaac Simiyu Kuloba

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