An application for judicial review is made in a manner prescribed by Order 84 of the Superior Court Rules. The remedies sought may be certiorari, mandamus, prohibition or quo warranto. See the chapters on judicial review in this regard. The court may grant a declaration or injunction in an application for judicial review, if having regard to the nature of the matters in respect of […]
Action An action refers to legal proceedings which one party undertakes in a court of justice in order to enforce rights against or restrain the commission of a wrong by the other party. The action formally seeks the judgment or order of the court in the manner concerned. An action presumes a party having a right or claim which is alleged or threatened have been […]
General Pleadings are a feature of most civil claims. Pleadings are statements of facts. which set out a party’s case. In the High Court, the claimant’s case will be set out in detail in his Statement of Claim. The defendant’s defence will be set out in his Defence. Pleadings may also be embodied in the defendant’s counterclaim and the claimant’s response, as well as certain […]
Ancillary Discovery Ancillary discovery is a modern development of older equitable principles whereby a third party might be made a party to proceedings substantially for the purpose of discovery. It goes much further than bringing in the third-party as a witness or in summoning him as a witness to produce documents. It contemplates a thoroughgoing discovery of documents relevant to the matter. The remedy is […]
Mediation Mediation is defined as a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute. It is for the parties to determine the outcome of the mediation. The parties to a dispute may engage in mediation as a means of attempting to resolve the dispute. Participation in […]
General A settlement of proceeding is in agreement in respect of a dispute prior to the final determination by a court of the matters in issue. The settlement is an agreement and contract law applies. A court or court order may or may not be made embodying the settlement. If it is made, then it is enforceable as a court order. The laws strongly encourage […]
Application for Discovery Discovery is procedure by which one party to a dispute can compel disclosure and production of relevant documents held or other the control of the other party to the dispute. Discovery compels a party to produce documents, even though they help the opponent\’s case and harm the own case. In some circumstances, discovery may available against third parties. Discovery is not automatically […]
Nature of Discovery Discovery is a process by which parties to litigation and civil proceedings may obtain disclosure of documents within the power, possession or procurement of the other party, which are relevant to the matters in dispute. It may assist one party’s case or damage it. A party must disclose relevant documents, notwithstanding that it may damage his case. The purpose of discovery is […]
Various Means of Termination Proceedings may determine other than by reason of a final court order or a settlement. Most of these instances, involve a default by the claimant. The claimant may also discontinue the proceedings either in the context of a settlement or the apprehended failure of the claim. However, proceedings once started, cannot be discontinued by the plaintiff/claimant without consequences. By commencing legal […]
General The Master may with the consent of all parties concerned, try any issue of fact. In any cases in which the Master may make an order, he may also make any supplementary or ancillary order and give any necessary directions. In any case in which the Master may make an order, the costs of the application shall be in the discretion of the Master, […]
Special summons usually raise questions of law. Either party may require an affidavit to cross-examine. The Court on hearing of the special summons has a broad discretion to determine questions and issues. It may adjourn the proceedings for a preliminary hearing with directions as to pleadings discovery as it may be necessary. If the defendant can show that there is a substantial defence, then the […]
The Summary Procedure There is a summary procedure in the High Court, which may be used in cases where a full hearing or so called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact. In summary cases, the evidence can be heard on written affidavit. The summary summons procedure is substantially […]
There is a summary procedure in the High Court, which may be used in cases where a full hearing or so-called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact. In summary cases, the evidence can be heard on written affidavit. The summary summons procedure is substantially shorter and does not […]