The objectives are: (a) the just determination of the proceedings; (b) the efficient disposal of the business of the Court; (c) the efficient use of the available judicial and administrative resources; (d) the timely disposal of the proceedings at a cost affordable by the respective parties; and (e) the use of suitable technology.
The CPR introduced a statement of their Overriding Objective to aid in the application of specific provisions and guide behaviour where no specific rule applies.
No, the Civil Procedure Rules do not automatically apply to election petitions.
The report identified principles that the civil justice system should meet to ensure access to justice, such as being just, fair, cost-effective, timely, understandable, responsive, certain, and effective.
Defamatory statements made in the course of judicial proceedings are not actionable to ensure that witnesses giving evidence on oath do not fear harassment by suits for damages.
A decree means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.
The inherent powers of the court can be invoked when the ordinary rules of procedure result in injustice and there is no remedy, allowing the court to break these rules to achieve the ends of justice.
No, a court has no inherent power to do that which is prohibited by the law.
The facilitation of just, expeditious, proportionate, and affordable resolution of civil disputes under the Act.
The amended rules grant wide management powers to the court by proposing that cases be allocated to one of three tracks depending on their nature, limiting or requiring specific actions, and introducing the concept of proportionality to the costs regime.
The formal expression of any decision of a court which is not a decree, and includes a rule nisi.
Kneller J.A. mentioned that Section 3A should not be cited where there is an appropriate section or order and rule to cover the relief sought.
The amount or value of the subject matter as stated in the plaint determines the pecuniary jurisdiction of a court.
No, the High Court does not have the power to transfer cases from one Children’s Court to another under the Children Act.
Exercising 'inherent jurisdiction' means that the court's jurisdiction is derived from common law and not statute, giving it discretion over its own procedure and the ability to condone procedural mistakes.
The Act allows courts to try all suits of a civil nature except those expressly or impliedly barred.
The only jurisdiction the High Court has under the Children Act is that of an appeal under section 80.
Some terminologies borrowed from the Civil Procedure Act in the Election Petition Rules include 'particulars', 'objections in recriminatory cases', 'security for payment of costs', 'postponements', and 'adjournments'.
Inability of courts to deliver justice in a manner that is fair and seen to be fair, delays in processing and concluding cases, and inaccessibility of justice due to the expense involved in litigation of civil matters.
Fixing timetables for the parties to take particular steps in the case; and limiting disclosure and expert evidence.
Profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but does not include profits due to improvements made by the person in wrongful possession.
The Rules Committee is empowered to make rules for election petitions under section 23(3) of the National Assembly and Presidential Elections Act.
Sections 1A, 1B, 3A, 15, 18(1)(b), and 81(3) of the Civil Procedure Act, along with Practice Directions by the Hon. Chief Justice published in Gazette Notice No. 1756 of 2009, and Order L, rule 1 of the Civil Procedure Rules.
A decree-holder means any person in whose favour a decree has been passed or an order capable of execution has been made, and includes the assignee of such decree or order.
Prescribed by rules.
It establishes and provides the jurisdiction and procedure of Children’s Courts, and the appointment of magistrates to preside over cases involving children in respect of any area of the country.
Section 3A states that nothing in the Act shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
Courts will no longer dismiss suits or strike out pleadings based merely on technicalities, focusing more on substantive justice.
The High Court has jurisdiction to hear appeals under section 80 of the Children Act, but not to transfer cases from one Children’s Court to another.
Any person against whom a decree has been passed or an order capable of execution has been made.
The Civil Procedure Act is not exhaustive because the legislature cannot contemplate all possible future circumstances in litigation and provide procedures for them.
Courts should aim to achieve the overriding objectives without regard to any structures imposed by procedural technicalities.
The aim of the Act is to be authoritative and exhaustive on matters of civil procedure in the High Court and subordinate courts.
'Impliedly barred' refers to suits barred by general principles of law, such as suits relating to acts of state, public policy, or privilege.
To control the cost of litigation, both in time and money, by focusing on key issues rather than every possible issue and limiting the amount of work that has to be done on the case.
Growing crops.
The Act should not be treated as overriding other laws that prescribe procedure for certain matters, and those other laws retain their validity within their specialist spheres.
Sections 74 to 80 of the Civil Procedure Act Cap 21 are relevant to the sitting of the Children’s Court.
The Act allows courts to act and make orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
The plaintiff confers jurisdiction on a court at the time of filing the plaint, depending on the value claimed in the plaint.
The omission of primary documents from the record of appeal would be fatal.
The presiding officer of a court.
Stock, debenture stock, debentures, and bonds.
Because there were specific rules in the Children Act, 2001 (No. 8 of 2001) on meeting those objectives, making it a complete code of law relating to parental responsibility, fostering, adoption, custody, maintenance, guardianship, care, and protection of children.
The judgment of a foreign court.
A district registrar and a deputy registrar.
In the absence of any specific provision to the contrary, nothing in this Act shall limit or otherwise affect any special jurisdiction or power conferred, or any special form or procedure prescribed, by or under any other law for the time being in force.
To assist the court in meeting the overriding objectives of the Act.
A foreign court means a court situated outside Kenya which has no authority in Kenya.
Rules and forms made by the Rules Committee to regulate the procedure of courts.
The overriding objective is enabling the court to deal with cases justly.
A person who in law represents the estate of a deceased person, and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.
All civil proceedings commenced in any manner prescribed.
A petition or summons, and the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any defence or counterclaim of a defendant.
The Arbitration Act, 1995, the Law Reform Act, the Law of Succession Act, the National Assembly and Presidential Elections Act, and the Children Act.
