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Certified Credit Professional(Ccp) Question Paper

Certified Credit Professional(Ccp)

Course:Debt Recovery

Exam Year:2011

KASNEB
CCP PART III SECTION 6
DEBT RECOVERY
December 2011

Answer all questions .Marks allocated to each question are shown at the end of the question.
QUESTION ONE
a)With reference to the law governing civil proceedings in your country ,explain the following terms:
i.Ex-parte judgement. (2 marks)

ii.A court process server. (2 marks)

b)Analyse the circumstances under which the court could grant summary judgement in a civil suit. (4 marks)

c)Summarize the types of interlocutory applications that could be made to the court proceedings. (12 marks)
(Total 20 marks)

QUESTION TWO
a)In relation to the law governing arbitration in your country ,explain the following :
i)The grounds under which a party could challenge the appointment of the arbitrator. (2 marks)
ii)The circumstances when the court could stay its proceedings and refer the matter to arbitration. (6 marks)
iii)The legal provisions governing the conduct of arbitral proceedings. (6 marks)

b)Parties to arbitration may have recourse against an arbitral award if they can show that certain factors existed”. Discuss this statement. (6marks)
(Total 20 marks)

QUESTION THREE
a)Explain the circumstances under which the court would execute a decree by ordering the delivery of any moveable property to the judgement creditor. (4 marks)

b)With reference to debt recovery through court proceedings, analyse the grounds upon which a person aggrieved by a decree could apply for review of judgement to the same court which passed the decree. (6 marks)

c)Examine the procedure of effecting service of foreign legal process or citation in your country. (10 marks)
(Total 20 marks)

QUESTION FOUR
a)Explain the categories of non-provable debts in bankruptcy. (6 marks)

b)With reference to bankruptcy proceedings, discuss three circumstances under which the court might order the arrest of a debtor. (6 marks)

c)Morgan Kadenge was adjudged bankrupt on 11 November 2011 and a trustee in bankruptcy was appointed. Morgan Kadenge had a loan facility with Neno Bank Ltd. Amounting to shillings 5 million which was secured by a legal charge over his house valued at shillings 2.5 million ,a legal assignment on his life insurance policy which had a surrender value of shillings 1.5 million and a guarantee by his wife Melany Mueni for shillings 2 million .Advise the bank on the remedies available as regards proof of its debt. (8 marks)
(Total 20 marks)

QUESTION FIVE
a)Explain the objectives of civil proceedings. (2 marks)

b)Summarize the conditions that must be fulfilled by the mortgage before exercising his statutory power of sale. (4 marks)

c)With reference to debt recovery, explain the concept of “surrender of insurance policies”. (6 marks)

d)Alex Magu has taken a mortgage and wishes to redeem his property before the date stipulated in the charge. He however cannot trace the charge. Advise Alex Magu on the steps to be followed in order to redeem his property. (8 marks)
(Total 20 marks)

Certified Credit Professional(Ccp) Question Paper

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