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Klaw 203: Civil Procedure I Question Paper

Klaw 203: Civil Procedure I

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2011

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 203
COURSE TITLE: CIVIL PROCEDURE 1
STREAM: Y2S1
DAY: WEDNESDAY
TIME: 9.00 – 11.00 A.M.
DATE: 16/03/2011

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. On the 9th day of March 2009 Henry Mogaka was traveling in motor vehicle registration
No KZW 111 from Kisii to Nakuru. On reaching Salgaa the motor vehicle was involved
in an accident. The motor vehicle is owned by Korosho Co. Ltd and was being driven by
its authorized driver one William Otieno. Mogaka attributes negligence to the driver of
the said motor vehicle. He claims that he suffered injuries as a result of the said accident
i.e. broken femur broken, shoulder bone and bruises on the chin. He also claims he spent
the sum of Kshs 50,000 for his treatment and hospitalization and Kshs. 2,000 for the
preparation of the medical report which he intends to rely on.

a) Mogaka comes to you for legal advice how would you advice him and why?
5 marks
b) He insists that you file a suit on his behalf. Draw a plaint and a verifying affidavit.
20 marks

c) Other than by way of a plaint what are the other ways in which a civil suit may be
commenced? 5 marks

2. a) “Every suit shall be instituted in a court of lowest grade competent to try it.”
State the principles which guide a party in determining the place of filing a
suit. 15 marks
b) Explain the provisions of the Civil Procedure Act which are applied in
determining the forum for institution of a suit relating to compensation for
wrongful act (tort) 5 marks

3. a) What are the objects and essential conditions to the doctrine of res judicata?
10 marks
b) What are the essential documents that must accompany a plaint and those that
must accompany a Defence? 10 marks

4. a) Explain how summons are issued and the duration of their validity 8 marks
b) State briefly the rules relating to service of summons. 12 marks

5. Explain circumstance under which pleadings may be struck out and the instances when
pleadings may be amended 20 marks

Klaw 203: Civil Procedure I Question Paper

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