Get premium membership and access revision papers, questions with answers as well as video lessons.

Klaw 208 ; Civil Procudure I I Question Paper

Klaw 208 ; Civil Procudure I I

Course:Bachelors Of Law (Llb) ()

Institution: Kabarak University question papers

Exam Year:2011

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 208
COURSE TITLE: CIVIL PROCEDURE II
STREAM: Y2S2
DAY: THURSDAY
TIME: 9.00 – 11.00 A.M.
DATE: 17/03/2011

INSTRUCTIONS:
1. Answer Question 1 (ONE) AND any other 2(TWO) Questions
2. Read each question carefully before attempting
3. Each question is allocated marks alongside it in brackets

1. a) After hearing the Appellant in support of the appeal, if the court finds that the Appeal has no substance it can dismiss the appeal without calling the Respondent. However
the court upon hearing the appeal can exercise certain powers. Explain those powers
[15 marks]
b) A successful litigant in a case may execute if the degree is not satisfied. What are the
various modes of execution [15 marks]

2. a) Explain decree, order and judgment and distinguish between them
[12 marks]
b) What are the essential elements of a decree? [8 marks]

3. The general provisions of the civil procedure Act are based on the principle that both
parties must be given an opportunity to be heard. The proceedings must not be held to the
advantage of one party.
a) What are the rules regarding the appearance and consequence of non appearance of a
party in the hearing? [10 marks]
b) when a witness is called there are stages of examination explain the stages.
[10 marks]

4. Explain the following
i. on what grounds does a second appeal lie? [10 marks]
ii. The grounds that a party can rely on in an application for review [10 marks]

5. Write explanatory notes on the following
a) Essential elements of a judgement
b) Costs in relation to pauper appeal
c) Instances when execution can be stopped
d) Reference or case stated [5 marks ]each

Klaw 208 ; Civil Procudure I I Question Paper

More Question Papers

Popular Exams