Keith Busingye Law Guide.
Civil Procedure
1. What
is discovery
This
is the procedure where one party to an action must disclose to the other party
the existence of all documents which are or have been in his possession and
which are material in an action(order 10)
2. Does
the plaintiff’s right to institute a summary suit guarantee the right to
defend? Explain the reason for your answer.
No.
The defendant cannot defend unless he or she has sought the court’s permission
to do so (O.36 r.3)
3. At
what point in the proceedings does court hold a scheduling conference
Within
seven days after the order on delivery of interrogatories and discoveries has
been made. (O.12 r.1(a))
4. What
is the difference between a judgment and a decree
A
judgment is the statement given by the judge of the grounds of a decree or
order while,
A
decree is a formal expression of an adjudication which, so far as regards the
court expressing it , conclusively determines the rights of the parties with
regard to the matters in controversy in the suit and may either be preliminary
or final (S.2(c))
5. A
party to a suit has the right to deliver interrogatories to the opposite party
at any time they so wish. True or false? Give a reason for your answer.
False.
The party has to apply to the court within 21 days from the date of the last
reply or rejoinder and it is entirely at the judge’s discretion as to whether
to allow or disallow the application. (O.10 r.1)
6. What
is a garnishee order
This
is an order that enables a judgment creditor to reach money due to the judgment
debtor which is in the hands of a third party
7. What
are objector proceedings
These
are proceedings in which an attachment can be contested where an objector
maintains that the property is not liable to such attachment (O.22 r.55)
8. Where
can an interested party find the reason behind a particular decree
By looking at the judgment
9. What
is an affidavit
It
is a written statement on oath that sets out matters that are within the
knowledge and belief of the person making it.
10. Which
court can entertain a third appeal
The
Supreme Court (S. 6(2) Judicature Act)
11. As
a mandatory requirement, interrogatories shall have a note at the foot. What is
stated there under?
The
note states which parties are required to answer which interrogatories
12. Who
is a judgment debtor
This
is the party against whom a decree is passed
13. What
do you understand by the term Mareva injunction/Freezing order
It
is a court order which freezes assets so that a defendant to an action cannot
dissipate their assets from beyond the jurisdiction of the court so as to
frustrate a judgment
14. What
are the three required documents to institute summary proceedings
Plaint
Affidavit
Summons (O.36 r.2
15. What
is the distinction between affidavits and statutory declaration
An
affidavit is restricted to court matters while a statutory declaration is
restricted to other matters not referable to court (section 2 and 3 CPA)
16. What
is meant by the term ‘costs follow the event’?
It
means that the loser in legal proceedings must pay the legal costs to the
successful party
17. Between
discoveries and interrogatories, which is the best option a party can use to
discover facts?
Interrogatories
18. What
is the meaning of the term jurat?
This
is an endorsement at the left hand side of the body of the affidavit signed by
the commissioner for oaths or other official before whom the swearing was
administered together with the place and date of swearing
19. What
happens when a party fails to adhere to a court’s order to answer
interrogatories
The
court may dismiss the action or order the defence to be struck out as the case
may be.
20. Who
is a deponent
This is the person who swears or
depones to an affidavit
21. What
is meant by the phrase “discovery must not be used as a ‘fishing’ expedition
Discoveries
must not be used by a party who does not have material for even an arguable
case and hopes to find them from the other side.
Keith Busingye Law Guide.
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