An analysis of the summary procedure laws of Kenya as a way of effective and speedy civil litigation.
| dc.contributor.author | Matundura, Dennis Mokua Mike | |
| dc.date.accessioned | 2020-08-03T08:31:01Z | |
| dc.date.available | 2020-08-03T08:31:01Z | |
| dc.date.issued | 2011-06 | |
| dc.description | A dissertation submitted to School of Law in partial fulfillment of the requirements for the award of Degree Bachelor of Laws (LLB) of Kampala International University | en_US |
| dc.description.abstract | Trial as a rule must precede judgment, under summary procedure instead of trial first and then judgment, there is judgment at once and never a trial. The dissertation is an analysis of order XXXV of the rules of Kenya which deals with summary procedure. The research is mainly going to focus on the efficacy of the order. The order is intended to enable a plaintiff with a liquidated claim to which there is clearly no good defense to obtain a quick and summary judgment without being necessarily kept from what is due to him by delaying tactics of the defendant. This order is intended to guard against wasting the courts time and that of the litigant on the claims that are clear. This study entails the summary procedure as a way of effective and speedy civil litigation by analyzing its nature and availability to parties to the suit, the conditions that the parties are to satisfy, the courts inherent powers, discretion and jurisdiction in the matter. The scope of this study is of the republic of Kenya; however reference will be made to code of civil procedure of India and practice of England to which Kenya's civil procedure rules are modeled from. The analysis of the said rules is to ascertain the efficacy of civil procedure and if the process offers a speedy mode of civil litigation. In the process of analysis I shall see if the process used offers justice in the matter because justice should not only be done but it should be seen as being done. | en_US |
| dc.identifier.uri | http://hdl.handle.net/20.500.12306/12784 | |
| dc.language.iso | en | en_US |
| dc.publisher | Kampala International University,School of Law | en_US |
| dc.subject | procedure laws | en_US |
| dc.subject | civil litigation | en_US |
| dc.subject | Kenya | en_US |
| dc.title | An analysis of the summary procedure laws of Kenya as a way of effective and speedy civil litigation. | en_US |
| dc.type | Other | en_US |