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Klaw 203: Civil Procedure Question Paper

Klaw 203: Civil Procedure

Course:Bachelor Of Arts

Institution: Kabarak University question papers

Exam Year:2010

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 203
COURSE TITLE: CIVIL PROCEDURE

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

1. Mich lives in Nairobi while James lives in Kisumu. During the period between January
2009 to May 2010 both Mich and James lived in Nakuru before both were transferred to
their various duty stations. Mich enters into a contract with James in which Mich
undertakes to supply James with reams of paper for a period of one year beginning the 3rd

of March 2010. The contract is made in the presence of and witnessed by Omondi for
Mich and Otieno for James. The value of the contract is Kshs 1,000,0000 for which
James has paid the sum of Kshs 550,000. In the month of November 2010 while the
contract is still valid Mich terminates the contract with James without any prior notice
and enters into another one with Robert in which Robert he undertakes to supply Robert
with Reams of paper. James is aggrieved by the Mich’s conduct.

a) James comes to instruct you what advise would you give him? (5Marks)
b) He insists you file a suit on his behalf. Draw a plaint and verifying affidavit to be
filed on his behalf. (18 marks)
c) What other necessary document should accompany the plaint at the point of filing
it in court and why (7 marks)

2. “The leave to amend pleadings is freely given by courts when justice so requires.”
a) In light of this statement explain when pleadings can be amended and the possible
grounds that a party can apply to amend pleadings (10 marks)
b) Explain the reason that can lead to the court striking out pleadings (10 marks)

3. The law requires that a party should not be condemned unheard. A party is entitled to
know when a suit has been filed against him.
i) a) When are pleadings deemed closed? (4 marks)
b) What are the acceptable modes of service of summons? (8 marks)
ii) Describe how summons can be served upon an individual, a corporate body and a
prisoner. (8 marks)

4. Interim orders are supposed to assist the parties through the process of litigation. They
are also supposed to help in the administration and delivery of justice. Explain when the
following orders may be issued.
a) temporary injunction
b) arrest before judgement
c) security for costs
d) appointment of receivers (5 marks each)

5. The pleading system is based on the fundamental principle of natural justice that a
person should have a fair chance to defend themselves and due notice.
a) In light of the above statement state the function and objectives of pleadings
(10 marks)

b) When drawing pleadings explain what is meant by parties should plead material
facts not law and pleadings should not state evidence. (10 marks)

Klaw 203: Civil Procedure Question Paper

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