This note will discuss the meaning of civil procedure, its scope, the applicable laws in civil procedure, and the relationship between civil procedure and substantive law.
This note, aligned with the objectives of Chapter Two of the Course Manual on Civil Procedure, provides a brief overview of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and their application to civil proceedings. In discussing the application of C.I. 47 to civil proceedings, we will discuss the scope of application of the rules, policy rationale in the application and interpretation of the rules, Order 81 as a rule that fosters the actualisation of the policy rationale underpinning the application of the rules
This note will briefly highlight the various ways a civil action may be commenced, the effect of wrongfully using another means to commence an action when a particular means is provided, and what happens if no particular means of commencing a civil action is provided.
In a previous note, we mentioned the writ of summons as one of the ways by which a civil action may be commenced. This note discusses the writ of summons in terms of its meaning, its use as the general means of commencing civil actions, parties to a civil action commenced by a writ of summons, and factors to consider before commencing an action through a writ of summons.
In a previous note, we discussed the meaning of a writ of summons, its general use as the principal means of commencing civil proceedings, and the factors to consider before commencing a civil proceeding via a writ of summons. In this note, we will discuss the contents of a writ of summons. We will examine the name of the court in which the action is being commenced, the names and addresses of the parties, the indorsement as to capacity, the command, the address for service of the plaintiff, endorsement with a statement of the nature of the claim, relief or remedy sought, and a statement on stay of proceedings if a liquidated demand is paid.
In this note, we will discuss the general rule on the capacity to commence and carry on civil proceedings and the limitation of that capacity with respect to persons with disability and body corporates.
This note will discuss acts and omissions that render a writ of summons defective. In the discussion, two types of defects will be examined: those that render a writ null and those that are considered mere irregularities.
This note will discuss the meaning of service of a writ, its essence, the consequences of failing to serve a writ, when a writ must be served, and highlight the modes of service.
This note will discuss personal service as one of the modes of serving a writ. In doing so, the note will discuss the meaning of personal service, its use as the general mode of service, who effects personal service, and how it is effected.