Civil Procedure

Civil Procedure (12)

Generally, summary procedure refers to a procedure by which the plaintiff may prosecute his claim without the necessity of instituting a full-scale suit. Similarly, accelerated procedure provides for the immediate hearing of certain kinds of cases speedily and without a full-scale suit, because the nature of the case requires and…
On the basis of Art 273, we are coming closer to the culmination of the life of a civil suit. That is, once we address issues with regard to the pre-trial stage and trial stage; now we will embark on the final section which deals with judgment and decree. According…
Under the adversarial system of litigation, which our system of litigation has adopted, the role of the court is minimal with regard to the examination of witnesses. This role in the adversarial system is said to be minimal only when it is compared with the inquisitorial system of litigation. However,…
Conduct of The Trial As we have seen before, at the trial each party introduces the oral and documentary evidence necessary to support his side of the issue. In this section, we will consider the rules governing how this evidence is to be introduced. Order of Proceeding What is a…
THE TRIAL AND OTHER PROCEDURES All that has gone at the first hearing culminates in the trial. At the trial stage, the issues developed at the first hearing would be resolved, and then judgment and decree would be passed. To this effect, the trial essentially involves the introduction of evidence…
  Under this Section, we will discuss the disposition of cases after issues have been formed and before building a full-scale trial. One of the purposes in requiring clear and precise pleading and holding a first hearing is, whenever possible, to decide the case, in whole or in part, without…
  We will now consider the effect of non-appearance. Where there has been non-appearance, depending on who has failed to appear, four things can happen:   The suit may be struck out; (Art. 69(2) or 70(d)) The suit may be dismissed; (Art. 73, 69(2) (2) 70(d) or 73) The court…
The First Hearing Overview Under this topic, we are going to discuss the procedural steps that will be applicable during the first hearing. In the first hearing, parties to litigation, mainly, party plaintiff and party defendant, are expected to appear. If both parties appear as ordered by the court, the…
Even though the Code is said to have embodied comprehensive rules that apply to civil litigations of any sort, it is also concise in a sense that it contains only 483 articles-divided into chapters and paragraphs. It encompasses rules on, among others, jurisdiction of courts; framing of issues; parties to…
To reiterate what has already been said, rules of procedure are commonly termed as means to an end and not end in themselves. They are there to ensure that legal disputes are handled as fairly and expeditiously as possible. In the process of arriving at the truth about the relevant…
Depending on the purposes and the ultimate objectives underlying their very establishment the types of relationships they chiefly govern; the nature of the legal interests that would be affected at their violations and, hence, the parties who would have sufficient stake therein so as to invoke a justifiable controversy, laws…
Conceptual Underpinnings: Nature and Purpose of Civil Procedure The Nature of Civil Procedure: Definitional Aspects Preliminary Remarks In the process of analyzing the nature of a vital and sensitive social phenomenon like law, it is in order for most academic undertakings to start with an attempt to define key terms…