CIVIL PROCEDURE I LESSONS

Was baseless since there was already a decision of

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was baseless since there was already a decision of court on it and further that a plea of Res Judicata would succeed. The court went on to state what is frivolous ‘a case is frivolous if 1. It is without foundation and; 2. When it cannot possibly succeed. 3. When the action or the defence is raised only for annoyance or some fanciful advantage. 4. When it can lead to no possible good. British Railway Board The Plaint stated that a certain section in a private Act of Parliament was ineffective because it was obtained improperly by misleading Parliament. The court held that the functions of the court is to consider and apply enactments of parliament and not to assess propriety of proceedings in parliament. The court held that it had to uphold its decision that the case was frivolous and vexatious. In HAFFERS This was an action against a member of parliament for not presenting a certain petition to the House of Commons. The court said it was frivolous as there was no obligation on that Member of Parliament. Waller Steiner It was an action for libel where the Plaintiff’s conduct clearly showed that he had no intention of bringing the suit to trial. In fact it was found that this was merely to put a gag on his critics. The case was struck out because the entire suit was a sham. 3. EMBARRASS, PREJUDICE OR DELAY FAIR TRIAL For instance if pleadings are vague, ambiguous, unintelligible, raise immaterial matters, when pleadings do this they prejudice and delay fair trial. There must be proper pleadings where issues come out clearly and in separate paragraphs and the defence should answer paragraph per paragraph.
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4. SUMMARY JUDGMENT & JUDGMENT IN DEFAULT Summary Judgment as set out in Order XXXV There are 2 other situations where the court can decide a matter without a trial. The object is to dispose of the matter in court as early as possible to save time and costs. There are only 2 separate areas in respect of which summary judgment may be obtained. (i) Where the relief sought by the Plaintiff is for a debt or a liquidated claim; (ii) Where the claim is for recovery of land with or without a claim for rent and profits. It is for very straightforward cases. Applications for Summary Judgment are made by way of Notice of Motion supported by an Affidavit either sworn by the Applicant’s themselves or a person who can swear positively to the facts verifying the cause of action. It must be served upon the defendant. The defendant has a right to respond to that application and show that they have a right to defend the suit. The court will have several options. 1. It may dismiss the Plaintiff’s application; - what happens is that the case is restored and proceeds as before. 2. To give judgment for the Plaintiff. Usually the court will give judgment if there are no triable issues. Where the court finds that the case is so clear that the Defendant has no case e.g.
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