CIV3701 Assignment 1
Semester 2 2023
QUESTIONS AND
ELABORATE ANSWERS
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, Question 1
(a) Briefly discuss an application to set aside irregular proceeding. (6)
(b) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons. (4) [10]
(a) An application to set aside irregular proceedings pertains to a legal
process where one party seeks to challenge or invalidate a court
proceeding or action on the grounds that it was conducted improperly,
unfairly, or in violation of established legal procedures. This application can
arise in various legal contexts, such as civil litigation or criminal cases,
where a party believes that their rights were compromised due to
irregularities in the proceedings. The applicant must provide evidence and
arguments to demonstrate that the irregularity had a material impact on
the outcome of the case or infringed upon their rights to a fair trial. If
successful, the court may nullify the irregular proceeding and may order a
new, fair proceeding to take place.
(b) The term "liquid document" in the context of provisional sentence
summons refers to a written instrument that easily and clearly establishes
the exact amount of the debt claimed by the plaintiff. It is a document that
provides specific details about the debt owed, such as the principal amount,
interest, and any other relevant financial terms. The purpose of requiring a
liquid document for a provisional sentence summons is to streamline the
legal process for obtaining a judgment for a clear and undisputed debt. The
court can issue a provisional sentence based on the liquid document
without the need for a full trial, allowing the plaintiff to secure a judgment
more quickly. This concept is often used in situations where the debt is
straightforward and the debtor does not contest the amount owed.
HIGH COURT JURISDICTION AND PROCEDURE
Question 2
For assignment help and inquiries
Email:
WhatsApp: +254704997747
Semester 2 2023
QUESTIONS AND
ELABORATE ANSWERS
For inquiries and elaborate answers
Email:
WhatsApp: +254704997747
, Question 1
(a) Briefly discuss an application to set aside irregular proceeding. (6)
(b) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons. (4) [10]
(a) An application to set aside irregular proceedings pertains to a legal
process where one party seeks to challenge or invalidate a court
proceeding or action on the grounds that it was conducted improperly,
unfairly, or in violation of established legal procedures. This application can
arise in various legal contexts, such as civil litigation or criminal cases,
where a party believes that their rights were compromised due to
irregularities in the proceedings. The applicant must provide evidence and
arguments to demonstrate that the irregularity had a material impact on
the outcome of the case or infringed upon their rights to a fair trial. If
successful, the court may nullify the irregular proceeding and may order a
new, fair proceeding to take place.
(b) The term "liquid document" in the context of provisional sentence
summons refers to a written instrument that easily and clearly establishes
the exact amount of the debt claimed by the plaintiff. It is a document that
provides specific details about the debt owed, such as the principal amount,
interest, and any other relevant financial terms. The purpose of requiring a
liquid document for a provisional sentence summons is to streamline the
legal process for obtaining a judgment for a clear and undisputed debt. The
court can issue a provisional sentence based on the liquid document
without the need for a full trial, allowing the plaintiff to secure a judgment
more quickly. This concept is often used in situations where the debt is
straightforward and the debtor does not contest the amount owed.
HIGH COURT JURISDICTION AND PROCEDURE
Question 2
For assignment help and inquiries
Email:
WhatsApp: +254704997747
