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Klaw 208: Civil Procedure Ii Question Paper

Klaw 208: Civil Procedure Ii

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2011

COURSE CODE: KLAW 208
COURSE TITLE: CIVIL PROCEDURE II
STREAM: Y2S2
DAY: THURSDAY
TIME: 9.00 – 11.00 A.M.
DATE: 17/03/2011

INSTRUCTIONS:
1. Answer Question 1 (ONE) AND any other 2(TWO) Questions
2. Read each question carefully before attempting
3. Each question is allocated marks alongside it in brackets

1. a) After hearing the Appellant in support of the appeal, if the court finds that the Appeal
has no substance it can dismiss the appeal without calling the Respondent. However
the court upon hearing the appeal can exercise certain powers. Explain those powers
15 marks
b) A successful litigant in a case may execute if the degree is not satisfied. What are the
various modes of execution 15 marks

2. a) Explain decree, order and judgment and distinguish between them
12 marks
b) What are the essential elements of a decree? 8 marks

3. The general provisions of the civil procedure Act are based on the principle that both
parties must be given an opportunity to be heard. The proceedings must not be held to the
advantage of one party.

a) What are the rules regarding the appearance and consequence of non appearance of a
party in the hearing? 10 marks
b) when a witness is called there are stages of examination explain the stages.
10 marks
4. Explain the following
i. on what grounds does a second appeal lie? 10 marks
ii. The grounds that a party can rely on in an application for review 10 marks

5. Write explanatory notes on the following
a) Essential elements of a judgement
b) Costs in relation to pauper appeal
c) Instances when execution can be stopped
d) Reference or case stated 5 marks each

Klaw 208: Civil Procedure Ii Question Paper

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