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Civil Law And Civil Procedure At A Glance by kennygbite: 11:27pm On Sep 29, 2021 |
Civil procedure is the process that determines how a civil case commences, how it is conducted and concluded in courts. A civil case refers to liabilities or wrongs which are non-criminal. Their resolution cannot lead to imprisonment or imposition of fine, though damages may be awarded in favour of a victorious party. Other reliefs in a civil case include specific performance, injunctions and rescissions. Examples of civil cases are breach of contract, defamation, land dispute, negligence, indebtedness, landlord/tenant dispute, among others. Rules and laws governing civil procedure can be found in – Rules of courts (eg High Court (Civil Procedure) Rules, and Magistrates’ Courts (Civil Procedure) Rules) • High Court/ Magistrates’ Courts Laws • The Constitution • The Evidence Act • Matrimonial Causes Rules Writs – this is one of the methods by which civil cases can be commenced/initiated especially in High Court. It is technically known as Writs of Summons. Writs of Summons is used where facts of a case are in contention. For example, where in a case of negligence involving two motorists in which one hits the other’s car with his and none is admitting fault. Facts are most likely to be in dispute because each of them will put up a narrative that stands in sharp contrast to the other’s. Video version of this presentation is available at https://www.youtube.com/watch?v=vAAdQDRZlwc&t=404s |
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