Civil Litigation Procedure

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Questions and Answers

What is the main document used to initiate civil proceedings in a court of law?

Writ of Summons (correct)

Statement of Claim

Petition

Originating Notice of Motion

According to the High Court (Civil Procedure) Rules, 2004 (CI 47), which of the following is true?

The rules apply to both the High Court and Circuit Court. (correct)

The rules are optional for the High Court.

The rules only apply to the High Court.

The rules are only applicable if both parties agree.

What is the purpose of the writ of summons?

To determine the nature of the claim or relief sought.

To announce to the defendant that a legal proceeding has been started against them. (correct)

To serve as a statement of claim.

To issue judgment against the defendant.

What is required to be filed by the plaintiff who files a writ of summons?

A statement of claim. Signup and view all the answers

What is the validity period of a writ of summons?

One year. Signup and view all the answers

What must be stated in the endorsement of the writ of summons?

The nature of the claim or relief sought. Signup and view all the answers

What happens if a writ of summons is not served within the validity period?

The writ becomes invalid. Signup and view all the answers

How many stages are there in the civil litigation process?

Five. Signup and view all the answers

What is the purpose of serving a writ on the opposing party?

To satisfy the audi alteram partem principle Signup and view all the answers

Who can serve a writ?

A bailiff Signup and view all the answers

In what type of case can a writ not be served personally?

Maritime actions Signup and view all the answers

What happens if a writ cannot be served after three or more attempts?

The court may make an order for substituted service Signup and view all the answers

What is an example of substituted service?

Serving the defendant through a registered letter Signup and view all the answers

What must be done within three days of serving a writ?

Indorse the writ with proof of service Signup and view all the answers

What is required for service of a writ outside the jurisdiction?

Leave of court Signup and view all the answers

How long does a defendant have to enter an appearance after being served with a writ?

8 days Signup and view all the answers

Study Notes

Stages of Civil Litigation

There are five stages in civil litigation: from issuing a writ of summons to application for direction, trial and judgment, execution, appeal from Circuit Court to the Court of Appeal, and appeal from the Court of Appeal to the Supreme Court.
Only the first and third stages will be discussed here.

Stage One: Pre-trial Hearings

The High Court (Civil Procedure) Rules, 2004 (CI 47) regulate the procedure for civil litigation.
The rules apply to the High Court and Circuit Court, mutatis mutandis, except that no proceedings shall be nullified if they are not applied.

Forms of Proceedings

Civil proceedings can be initiated by a writ of summons, petition, or originating notice of motion.
The writ of summons is the basic document for initiating civil proceedings.

The Writ of Summons

The writ of summons announces to the defendant that a legal proceeding has been started against them and a file has been opened in the file records.
The writ announces the date the defendant has to appear in court or respond in writing to the court or opposing party or parties.
A statement of claim is required to be filed by the plaintiff who files a writ of summons.
The writ must contain an endorsement stating the nature of the claim or relief or remedy sought.
The writ is valid for one year and must be served within one year.
A good reason must be shown for delay of service before the court will exercise its remedy of extending the writ.

Service of Writ

A writ must be served personally on the opposing party to satisfy the audi alteram partem principle.
Exceptions to personal service include:
- Defendant is a lunatic or infant or is detained
- Defendant is a company or corporation, partnership firm, or government department
- Maritime actions
- Actions for the recovery of land where no person appears to be in possession
- Where action is against a stool or a skin or head of family
If the writ cannot be served after three or more attempts, the court may make an order for substituted service.
Substituted service may take the form of serving the defendant through a registered letter, posting the writ on a notice board, or advertising in the gazette or a national newspaper.

Service of Writ Outside Jurisdiction

An ex parte application supported by an affidavit may be made for service of writ outside jurisdiction.
Leave may be granted for service outside jurisdiction if an act, deed, will, or contract affecting immovable property within the jurisdiction is sought to be construed, rectified, or set aside or enforced in the action.
Service is done through the Judicial Secretary, Ministry of Foreign Affairs, Embassies, or Representative of the country.
Proof of service is obtained through the same channel.

Entry of Appearance

The defendant is required to enter appearance within 8 days after service by filing a Notice of Appearance.

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Description

This quiz covers the stages of civil litigation, specifically the first and third stages, including pre-trial hearings and execution. It is based on the High Court (Civil Procedure) Rules, 2004 (CI 47).