Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CIVIL LITIGATION > APPLICATIONS UNDER CIVIL PROCEDURE RULES AND HOW THEY ARE MADE > Flashcards

APPLICATIONS UNDER CIVIL PROCEDURE RULES AND HOW THEY ARE MADE Flashcards

1
Q

1 – Parties to Suits

NATURE OF APPLICATION: To add or strike out or substitute a plaintiff or defendant – Rules 10 and 14

A

MANNER OF APPLICATION:
Chamber Summons or Oral
Justification: As provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

1 – Parties to Suits
NAO: Leave to issue third party notice – Rule 15

A

MAO: Ex-parte Chamber Summons
Justification: As provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

An order that Government as third party having failed to enter appearance in time be liable to the extent claimed in the third party notice – Rule 18

A

Chamber Summons
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

1 – Parties to Suits
Judgement against third party in default – Rule 19

A

Chamber Summons or Oral
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

1 – Parties to Suits
Leave to enter judgment in default of appearance against the Government as third party - Rule 20

A

Chamber Summons
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

1 – Parties to Suits
Execution of judgment by defendant against third party where judgment entered after trial against third party in default

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

1 – Parties to Suits
Judgment against third party in default where suit decided in plaintiff’s favour otherwise than by trial - Rule 21(2)

A

Ex-parte Notice of Motion
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Directions for the trial of the question of liability between defendant and third party – Rule 22

A

Chamber Summons
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

2 – Pleadings Generally
Request for further information on the pleadings – Rule 1(2)

A

Notice in writing
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

2 – Pleadings Generally
Leave to give particulars of evidence in mitigation at the trial in action for libel or slander where the defence fails to assert the truth of the statement complained of – Rule 8

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

2 – Pleadings Generally
An order that no further information is reasonably required on the pleadings – Rule 1(3)

A

Chamber Summons
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

2 – Pleadings Generally
Striking out pleadings – Rule 15

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

3 – Frame and institution of suit
An order for separate trials where any causes of action joined in one suit cannot be conveniently tried together – Rule 8

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

3 – Frame and institution of suit
Leave to file witness statements after suit has been filed – Rule 2

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

4 – Plaint
Striking out plaint or counterclaim not accompanied by a proper verifying affidavit - Rule 1(6)

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

5 – Issue and service of summons
Extension of validity of summons – Rules 2(2) and (5)

A

Affidavit
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Extension of validity of summons – Rules 2(2) and (5)

Substituted service - Rule 17

Service out of Kenya - Rule 21

Service of other processes out of the jurisdiction – Rule 22

Service of summons out of Kenya in probate and marriage suits – Rule 24

Order for substituted service of foreign legal process by the Attorney-General – Rule 33

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Leave to file witness statements after defence or counterclaim has been filed – Rule 5

Exclusion of counterclaim - Rule 12

Leave to deliver further defence or further reply where a new ground of defence arises – Rule 16

Leave to plead pleadings subsequent to reply – Rule 17

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

7 – Defence and Counterclaim
Order for costs where a new ground of defence has arisen which has been confessed by the plaintiff-Rule 16(3)

A

Chamber Summons
Provided for in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

8 – Amendment of pleadings:

Application for disallowance of amendment - Rule 2

Leave to amend pleadings – Rule 3

Leave to amend originating process – Rule 4

Order to amend any document save for judgment or order – Rule 5

A

Orally or Notice of Motion
Provided under rule 8 of the Order. Order 51 is also applicable since rule 8 above is not in mandatory terms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

9 – Recognized agents:

Order to effect change of advocate or intention to act in person after judgment – Rule 9

Removal of advocate from record at instance of another party - Rule 12

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Withdrawal of advocate who has ceased to act for a party - Rule 13(1)

A

Chamber summons
As provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

10 – Consequence of non-appearance, default of defence and failure to serve:

Assignment of guardian in suits against infants and persons of unsound mind – Rule 1

Striking out memorandum of appearance or defence where defendant fails to serve – Rule 3

Judgment in default against the government – Rule 8
Setting aside default judgment – Rule 11

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

10 – Consequence of non-appearance, default of defence and failure to serve:
Judgment in default of appearance or defence – Rules 4, 5, 6, 7 and 10

A

Prescribed Form (Form No. 13 of Appendix A)
Provided in the rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

12 – Hearing and Consequence of non-attendance:

Setting aside judgment or dismissal – Rule 7

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

13 – Admissions :

Judgment on admissions – Rule 2

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

14-Production, Impoundment and return of documents:

Application for production, impounding and return of documents-Rule 6(2)

A

Notice of Motion supported by affidavit
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

15-Issues
Order for security for attendance by a person summoned to give evidence-Rule 15(2)

A

Chamber Summons
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

16-Summoning and attendance of witnesses:

Application for summoning and attendance of witnesses-Rule 15(2)

A

Oral or Summons in Chambers
Provided in the rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

17-Prosecution of suits:
Application for adjournment-Rule 1

A

Orally in court
This enables the court to listen to the reasons and make a determination on the issue promptly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

18-Hearing of suits and examination of witnesses
Application for evidence before trial-Rule 9

Summons in chamber

A

Summons in chamber
Provided in the rule

32
Q

Application to give affidavit evidence-Rule 2(1)

Applications relating to affidavits-Rule 9

A

Chamber Summons
Provided in the rule

33
Q

Application for order for accounts-Rule 1

A

Summons in chambers
Provided in the rule

34
Q

Application for orders for judgment on admission-Rule 1

A

Notice of Motion
Provided in the rule

35
Q

Application for Execution-Rule 6

Application for execution by joint Decree Holder-Rule 11

Application for execution by transferee of decree-Rule 12

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

36
Q

Application for execution of decree for payment of money-Rule 7(1)

A

Orally in court
Provided in the rule

37
Q

Application for objection to attachment-Rule 51

A

Notice of Motion
Provided in the rule

38
Q

Application for order for attachment of debts-Rule 1

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

39
Q

Application to enjoin legal representative of deceased plaintiff to suit-Rule 3

Application to enjoin the legal representative of deceased defendant-Rule 4

Application to set aside an order of dismissal-Rule 7(2).

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

40
Q

Application for withdrawal by plaintiff-Rule 1

A

Notice of Motion
Provided in the rule

41
Q

Application for discontinuance and Compromise-Rule 5

A

Agreement/Written consent
Provided in the rule

42
Q

Application for cost before defence is filed- Rule 2

Application to dismiss suit for failure to give security-Rule 5

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

43
Q

Payment into court-Rule 1

Acceptance of payment-Rule 2 (1)

A

Notice of Motion
Provided in the rules

44
Q

27-Payment into court and Tender:
Application to the registrar for costs assessment-Rule 2(3)

A

By way of letter
The rules provide that the registrar should be notified in writing and a letter is the most effective for such purpose.

45
Q

27-Payment into court and Tender:
Application for an order for approval of terms of settlement in a defamation case-Rule 2(4)

A

Chamber summons
Provided in the rules

46
Q

28- Commission and References:
Application for commission-Rule 4

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

47
Q

28- Commission and References:
Application by Commissioner for supply of court processes-Rule 15

A

By way of Letter
We propose this since the commissioner is appointed by the court and only communicates to the by way of letter.

48
Q

29-Proceedings by or against the Government:
Application for certificate under Order 21- Rule 3

A

By way of letter to the Registrar
Notice of Motion to the Court
Provided in the rules

49
Q

29-Proceedings by or against the Government:
Application for attachment of debt or appointment of a receiver-Rule 4

A

By Summons to the Decree-holder
Provided in the rules

50
Q

29-Proceedings by or against the Government:
Order restraining a judgment debtor from receiving money owed to him by Government and directing that payment be made to the decree holder or a receiver- Rule 4(2)

A

Chamber summons
Provided in the rules

51
Q

30-Suits by or against Firms or other persons carrying out business in names other than their own:

Application for disclosure of partners names-Rule 2

A

Application made orally in court or by Notice of Motion

The demand is first made to the advocates of the firm and as such the resort to court is only upon their refusal.

52
Q

31- Suits by or against Trustees, Executors and Administrators:

Application to enjoin beneficiaries to suit –Rule 1

A

Notice of Motion

Reliance shall be placed on Order 51 as the manner of application is not prescribed.

53
Q

32-Suits by or against minors and persons of unsound mind:

All applications under the Order

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

54
Q

32-Suits by or against minors and persons of unsound mind:
By a minor on attaining majority- Rule 12(5)

A

Chamber Summons
Provided in the rules

55
Q

33-Suits by paupers:
All applications under the order

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

56
Q

34- Interpleader:

Interpleader application-Rule 1

A

By way of Originating summons-In a fresh suit
By way of Summons in the plaint-in a pending suit

Provided under the rules.

57
Q

34- Interpleader:

Application for costs and other orders-Rule 6

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

58
Q

36- Summary Procedure
Application for default judgment –Rule 1

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

59
Q

37-Originating summons:
Applications relating to the removal of caveats in a pending suit-Rule 5

A

Chamber Summons
Provided in the rules

60
Q

38-Selection of Test suit:
Application for stay-Rule 1 and 2

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

61
Q

39-Arrest and Attachment before Judgment:

Application for defendant to furnish security for appearance- Rule 1

Application for discharge by surety –Rule 3 (1)

Application for defendant to furnish security for production of property-Rule 5

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

62
Q

40-Temporary Injunctions and Interlocutory Applications:
Application for injunctions –Rule 3 (3)

A

Notice of Motion
Provided in the Rule

63
Q

41-Appointment of Receivers:
Application for appointment and Removal of a receiver appointed-Rule 1 and 5

A

Notice of Motion
Reliance shall be placed on Order 51 as the manner of application is not prescribed.

64
Q

42- Appeals:
Application for stay of execution-Rule 5

A

Orally in court
Provided in the Rule

65
Q

42- Appeals:
Application by the Respondent to either set down the appeal for hearing or dismiss for want of prosecution-Rule 31(5)

Application done by the Registrar to either set down the appeal for hearing or dismiss it for want of prosecution-Rule 35(2)

A

Chamber summons
Provided in the Rule

66
Q

43- Appeals from Orders:
Applications subject to sec 75 of the Civil Procedure Act for leave of court to appeal within 14 days-Rule 1(2)

A

Orally
Provided in the Rule

67
Q

46-Arbitration under Order of the Court and Alternative Dispute Resolution:

Application to appoint an arbitrator-Rule 5(1) c

A

Letter to the court
Provided in the Rule

68
Q

49- Special Powers of the Registrars:

Application for leave for entry of default judgment against the Government-Rule 4

A

Notice of Motion
Provided in the Rule

69
Q

49- Special Powers of the Registrars:
Application for Executions that may be ordered by the Registrar- Rule 5

A

Letter to Registrar
Provided in the Rule

70
Q

49- Special Powers of the Registrars:
Application for Hearing of an appeal from a decision of the Registrar -Rule 7 (2)

A

Chamber Summons
Provided in the Rule

71
Q

51: Applications:

All applications to the court including in reference with the Government Proceeding Act- Rule 1 and 2:

A

Notice of Motion
Provided in the Rule

72
Q

51: Applications:
Rule 11: Costs awarded and other reliefs shall be taxed only at the conclusion of the suit

A

Originating Summons
Provided in the Rule

73
Q

52: Advocates Act:
Application for order to advocate to deliver accounts and documents-Rule 4

Application for taxation by third parties under sec 50 (1) of the Advocates Act Rule 5

Application for an order for the enforcement of an undertaking in any other case- Rule 7(1) (b)

A

Originating Summons supported by an affidavit
Provided in the Rule

74
Q

52: Advocates Act:

Application for a charging order- Rule 6(1)

Application for an order for the enforcement of an undertaking given by an advocate in a suit in the High Court- Rule 7 (1)(a)

A

Chamber Summons
Provided in the Rule

75
Q

53- Judicial Review:

Application for leave of court shall be made ex parte- Rule 2

A

Chamber summons
Provided in the Rule

76
Q

53- Judicial Review:
Application for an order of mandamus, prohibition and certiorari- Rule 3

A

Notice of Motion
Provided in the Rule

CIVIL LITIGATION (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions