KSL ATP Civil Litigation cheat sheet

Territorial jurisdiction in Kenya is governed by section 15 of the Civil Procedure Act: a suit is instituted where the defendant resides, carries on business, or where the cause of action wholly or partly arose.

Section 16 CPA: suits for immovable property must be filed where the property is situate; section 17 allows suits for compensation for wrongs to immovable property at the defendant's residence or where the wrong occurred.

Section 18 CPA permits transfer of a suit to another court of competent jurisdiction; the High Court may transfer any suit, subordinate courts may transfer suits within their level.

Pecuniary jurisdiction of the Magistrates' Courts is set by section 7 of the Magistrates' Courts Act, as amended by periodic practice directions on pecuniary limits.

Section 6 CPA: no court shall proceed with a suit where the matter is directly and substantially in issue in a previously instituted suit between the same parties (sub judice).

Section 5 CPA bars a court from trying a suit where the matter is res judicata, i.e. previously adjudicated by a competent court between the same parties.

A court may raise the issue of jurisdiction suo motu at any stage, since lack of jurisdiction cannot be conferred by consent or waiver of the parties.

The doctrine of forum non conveniens allows a court to decline jurisdiction where another forum is more appropriate, applied sparingly in Kenya.

Order 1 rule 1 CPR: all persons may be joined as plaintiffs where they assert a right to relief in respect of or arising out of the same act or transaction.

Order 1 rule 3 CPR: all persons may be joined as defendants against whom any right to relief is alleged to exist in respect of the same act or transaction.

Order 1 rule 9 CPR: no suit shall be defeated by reason of misjoinder or non-joinder of parties; the court may determine the controversy as between the parties before it.

Order 1 rule 10 CPR: the court may, at any stage, order addition, striking out or substitution of parties, either on application or suo moto.

Order 1 rule 13 CPR: where there are more plaintiffs than one, any one or more may be authorised to appear or act for all; the same applies to defendants.

A party suing in a representative capacity under Order 1 rule 8 must obtain leave of court and give notice to all persons so represented.

A minor or person of unsound mind sues or is sued through a next friend or guardian ad litem (Order 32 CPR); leave of court is required.

A company sues or is sued in its registered name; an unincorporated association generally sues through its trustees or officials.

Order 2 rule 1 CPR: every pleading shall contain a statement in a summary form of the material facts on which the party relies, but not the evidence by which they are to be proved.

Order 2 rule 6 CPR: pleadings must be divided into paragraphs, numbered consecutively, and each allegation confined as far as possible to a distinct paragraph.

Order 2 rule 7 CPR: a party may plead the effect of a document or conversation as briefly as the nature of the case requires, without setting out the whole.

Order 4 rule 1 CPR: every suit is commenced by a plaint filed in court, accompanied by verifying affidavit, list of witnesses, list of documents and written statements of witnesses.

Order 2 rule 4 CPR: a party must specifically plead matters such as fraud, misrepresentation, breach of trust, wilful default, undue influence, and the fact of prior notice.

Order 6 rule 13 CPR: a party may apply to strike out a pleading that is scandalous, frivolous, vexatious, or otherwise an abuse of the process of the court.

Order 8 CPR governs amendment of pleadings; the court may allow amendment at any stage on such terms as to costs and adjournment as are just, and amendments should not cause injustice.

A cause of action is the set of facts that, if proved, would entitle the plaintiff to a remedy; it must be disclosed in the plaint for the suit to be sustainable.

Order 5 rule 1 CPR: when a suit has been filed, a summons shall be issued to the defendant, and service shall be effected within a prescribed period (twelve months of issuance, extendable by leave).

Order 5 rule 8 CPR: service on an individual is effected by delivering or tendering a copy of the summons to the person to be served, or leaving it with an adult family member at the residence.

Order 5 rule 9 CPR: service on a corporation is effected on a director, secretary or principal officer, or by leaving it at the registered office.

Order 5 rule 17 CPR: where the defendant cannot be found, the court may order substituted service by advertisement, affixing at court premises, or other mode.

Order 5 rule 15 and Order 5 rule 19 CPR: an affidavit of service must be filed, showing the time, manner and place of service and the person served.

Order 10 rule 1 CPR: where a defendant fails to enter appearance or file defence, the plaintiff may apply for judgment in default of appearance or defence, as appropriate.

Order 51 rule 1 CPR: every application shall be by summons, motion or chamber summons as prescribed, supported by affidavit, and served on the respondent.

Order 40 CPR governs interlocutory injunctions; the applicant must show a prima facie case with a probability of success, irreparable injury not compensable by damages, and balance of convenience (Giella v Cassman Brown).

Order 39 CPR allows interlocutory applications for arrest before judgment, attachment before judgment, and temporary injunctions.

Order 18 rule 1 CPR: the plaintiff has the right to begin the hearing unless the defendant admits the plaintiff's claim and relies on a set-off or counterclaim.

Order 18 rule 2 CPR: the party beginning shall state his case and produce evidence, then the other party states his case and produces evidence, and the party beginning may reply.

The Evidence Act (Cap 80) governs admissibility; section 107 places the burden of proof on the person who desires the court to give judgment as to any legal right depending on the existence of facts he asserts.

Section 108 Evidence Act: the burden of proof in a suit lies on the person who would fail if no evidence at all were given on either side.

Section 119 Evidence Act: the court may presume the existence of any fact likely to have happened in the ordinary course of nature, human conduct and business.

Order 17 CPR: where a party fails to attend court or produce evidence, the court may proceed ex parte or dismiss the suit, as appropriate.

Order 16 CPR: the court may summon any person to give evidence or produce documents; a witness summons must be served and the party may be required to pay conduct money.

Order 19 CPR: the court may, at any stage, order evidence to be given by affidavit on any application or matter; the deponent may be cross-examined on the affidavit.

Order 21 rule 4 CPR: judgment shall be pronounced in open court either immediately after the hearing or on a date fixed, and shall contain a concise statement of the case, points for determination, decision and reasons.

Section 2 CPA defines a decree as the formal expression of an adjudication which conclusively determines the rights of the parties; it may be preliminary or final.

Order 21 rule 1 CPR: the court, after pronouncement of judgment, shall draw up and sign a decree in accordance with the judgment.

Order 21 rule 7 CPR: a decree may be executed either by the court which passed it or by the court to which it is sent for execution, on application.

Order 22 rule 6 CPR: where the decree-holder dies, execution may be continued by his legal representatives; the court may substitute parties.

Order 22 rule 18 CPR: an application for execution must be made within twelve years from the date of the decree, or where the decree is against a person who has died, within twelve years from the date of death.

Order 22 rule 30 CPR: the modes of execution include delivery of possession, attachment and sale of movable or immovable property, arrest and detention, and appointment of a receiver.

Order 22 rule 51 CPR: where a decree is for payment of money, execution may be by attachment and sale of property, or by arrest and detention of the judgment-debtor.

Order 23 CPR: the court may, on application, order arrest and detention of a judgment-debtor who has, with intent to obstruct execution, dishonestly transferred or concealed property.

Order 24 rule 1 CPR: where a judgment-debtor is arrested, he may apply for release on the ground that he is unable to pay, and the court may order release on terms.

Section 94 CPA: the court may, in executing a decree, order the judgment-debtor to be detained in civil jail for a period not exceeding six months.

Section 65 CPA: an appeal lies to the High Court from any decree or order of a subordinate court, except where the amount or value of the subject matter is below the prescribed pecuniary limit.

Section 66 CPA: an appeal lies from the High Court to the Court of Appeal in cases where the matter involves a question of law, or with leave of the High Court or Court of Appeal.

Order 42 rule 1 CPR: every appeal shall be preferred by filing a memorandum of appeal in the court to which the appeal is preferred, accompanied by a copy of the decree and judgment.

Order 42 rule 6 CPR: an appellant may apply for stay of execution pending appeal; the court may grant stay on such terms as to security and costs as it deems fit.

Order 42 rule 7 CPR: the court may, on application, order stay of proceedings pending appeal, on terms that the appellant deposits security.

Order 42 rule 35 CPR: where an appellant fails to file the record of appeal within the prescribed time, the appeal may be dismissed for want of prosecution.

Section 80 CPA: any person aggrieved by a decree or order may apply for review to the court which made it, on the ground of discovery of new and important matter or evidence, mistake or error apparent on the face of the record, or other sufficient reason.

Order 45 rule 1 CPR: an application for review must be made without unreasonable delay, and where based on discovery of new evidence, within the time prescribed.

Section 79G CPA: an appeal from a subordinate court to the High Court must be filed within thirty days from the date of the decree or order appealed against, with provision for extension on sufficient cause.

Section 79G CPA: appeals from subordinate courts to the High Court must be filed within thirty days of the decree or order; the High Court may extend time on sufficient cause.

Section 80 CPA: review lies to the court that passed the decree; it is not a substitute for appeal and does not apply where an appeal has been preferred and decided.

Section 81 CPA: the High Court may, on application or suo motu, call for the record of any subordinate court and revise any finding, sentence or order where the court appears to have exercised jurisdiction illegally or with material irregularity.

Section 82 CPA: the Court of Appeal may, on application, review its own judgment where there is a manifest error apparent on the face of the record, or on discovery of new evidence.

Section 83 CPA: the Court of Appeal may, on application, revise its own decision where it is satisfied that the decision was given per incuriam or in ignorance of a statute or binding authority.

The doctrine of stare decisis requires subordinate courts to follow decisions of superior courts; the Court of Appeal is bound by its own decisions save in limited circumstances (Young v Bristol Aeroplane).

A decision of the High Court is binding on all subordinate courts in Kenya; a decision of the Court of Appeal binds the High Court and subordinate courts.

The Supreme Court's decisions are binding on all other courts under Article 163(7) of the Constitution.

Article 159(2)(c) of the Constitution requires courts to promote alternative forms of dispute resolution, including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.

Section 59 of the Civil Procedure Act empowers the court, where all parties agree, to refer a dispute to arbitration or to a mediator for settlement.

Section 60 CPA: where parties agree to refer a matter to arbitration, the court may stay proceedings and refer the dispute to arbitration under the Arbitration Act, 1995.

The Arbitration Act, 1995 (No. 4 of 1995) governs domestic and international commercial arbitration in Kenya; section 10 makes arbitration agreements binding and enforceable.

Under the Arbitration Act, an arbitral award is final and binding; it may be set aside only on the limited grounds in section 35 (e.g. incapacity, invalid agreement, failure to give notice, award beyond scope, misconduct).

Order 46 CPR: the court may, with the consent of the parties, refer a matter to a mediator or other person for settlement, and may record a settlement as a decree.

Order 11 CPR (case management) requires parties to file and serve a case management bundle, including a list of witnesses, list of documents, and a statement of issues, before the hearing.

Order 11 rule 3 CPR: the court shall, at a case management conference, consider the possibility of settlement, identify issues, and fix a timetable for the hearing.

Article 159(2)(d) of the Constitution: justice shall be administered without undue regard to procedural technicalities.

The Advocates Act (Cap 16) and the Advocates (Practice) Rules govern the professional conduct of advocates in Kenya.

An advocate owes a duty to the court to assist it in the administration of justice, and must not mislead the court by presenting false evidence or suppressing material facts.

An advocate must not act in a matter where there is a conflict of interest, or where he has previously acted for the opposing party in the same matter.

An advocate must maintain client confidentiality, save where disclosure is required by law or by the court, or with the client's consent.

An advocate must not charge fees that are excessive or unreasonable; fees are regulated by the Advocates (Remuneration) Order.

An advocate must not communicate with the opposing party directly where that party is represented by an advocate, without the consent of that advocate.

An advocate is bound to accept a brief where he is available and the fee is reasonable, unless he has a conflict or other good cause to decline.

An advocate who is a material witness in a matter should not act as advocate in that matter.

An advocate must not, without the client's instructions, compromise or settle a matter on behalf of the client.

A plaint must contain the name of the court, the parties, a concise statement of the material facts, the relief sought, and be verified by an affidavit (Order 4 rule 1 CPR).

A defence must respond to each material allegation in the plaint, and must specifically plead any set-off or counterclaim (Order 7 CPR).

An application must be supported by an affidavit setting out the facts relied on, and may be accompanied by a statement of grounds under Order 51 rule 1 CPR.

A chamber summons is used for interlocutory applications in the High Court; a notice of motion is used where the application is made in open court.

A written statement of defence must be filed within fourteen days of entering appearance (Order 7 rule 1 CPR), unless extended by leave.

A memorandum of appeal must set out the grounds of appeal concisely and under distinct heads, and must be accompanied by a certified copy of the decree and judgment (Order 42 rule 1 CPR).

Advocacy in court requires mastery of the facts, the law and the evidence; the advocate should present a clear theory of the case and avoid prolixity.

In submissions, an advocate should address the issues identified at case management, cite binding authorities accurately, and avoid misquoting precedent.

Cross-examination should be used to test the credibility of witnesses and to elicit facts favourable to the client's case, without being argumentative or abusive.

Section 15 CPA: territorial jurisdiction is determined by the defendant's residence, place of business, or where the cause of action arose.

Section 6 CPA: sub judice bars a court from proceeding where the same matter is pending in another court between the same parties.

Section 5 CPA: res judicata bars a suit where the matter has been finally decided by a competent court.

Lack of jurisdiction cannot be cured by consent of parties and may be raised at any stage, even suo motu.

Section 18 CPA permits transfer of suits between courts of competent jurisdiction.

Section 16 CPA: suits concerning immovable property must be filed where the property is situate.

Order 1 rule 9 CPR: misjoinder or non-joinder does not defeat a suit; the court determines the matter as between the parties before it.

Order 1 rule 10 CPR: the court may add, strike out or substitute parties at any stage.

Order 1 rule 8 CPR: representative suits require leave of court and notice to all persons represented.

Order 32 CPR: minors and persons of unsound mind sue or are sued through a next friend or guardian ad litem.

A company sues in its registered name; an unincorporated association sues through its trustees or officials.

Order 1 rule 1 CPR: plaintiffs may be joined where they assert a right to relief arising from the same act or transaction.

Order 2 rule 1 CPR: pleadings state material facts, not the evidence by which they are proved.

Order 2 rule 4 CPR: fraud, misrepresentation, breach of trust and undue influence must be specifically pleaded.

Order 6 rule 13 CPR: a pleading that is scandalous, frivolous or vexatious may be struck out.

Order 8 CPR: amendment of pleadings may be allowed at any stage on terms as to costs and adjournment.

A cause of action is the set of facts that, if proved, entitles the plaintiff to a remedy.

Order 4 rule 1 CPR: a suit is commenced by a plaint accompanied by a verifying affidavit and lists of witnesses and documents.

Order 5 rule 8 CPR: personal service is effected by delivering or tendering a copy of the summons to the defendant.

Order 5 rule 17 CPR: substituted service may be ordered where the defendant cannot be found.

Order 5 CPR: an affidavit of service must be filed showing the time, manner and place of service.

Order 10 CPR: judgment in default of appearance or defence may be entered where the defendant fails to respond.

Order 40 CPR: interlocutory injunctions require a prima facie case, irreparable injury, and balance of convenience (Giella v Cassman Brown).

Order 51 rule 1 CPR: applications are by summons, motion or chamber summons, supported by affidavit.

Order 18 rule 1 CPR: the plaintiff has the right to begin the hearing unless the defendant admits the claim and relies on a set-off.

Section 107 Evidence Act: the burden of proof lies on the person who asserts the existence of facts on which he relies.

Section 108 Evidence Act: the burden lies on the person who would fail if no evidence were given on either side.

Order 17 CPR: where a party fails to attend, the court may proceed ex parte or dismiss the suit.

Order 19 CPR: the court may order evidence by affidavit, and the deponent may be cross-examined.

Order 21 rule 4 CPR: judgment is pronounced in open court and must contain the points for determination, decision and reasons.

Section 2 CPA: a decree is the formal expression of an adjudication conclusively determining the rights of the parties.

Order 21 rule 1 CPR: the court draws up and signs a decree in accordance with the judgment.

Order 22 rule 18 CPR: execution must be applied for within twelve years from the date of the decree.

Order 22 rule 30 CPR: modes of execution include delivery of possession, attachment and sale, arrest and detention, and appointment of a receiver.

Order 23 CPR: the court may order arrest and detention of a judgment-debtor who dishonestly transfers or conceals property.

Section 94 CPA: a judgment-debtor may be detained in civil jail for a period not exceeding six months.

Section 65 CPA: an appeal lies to the High Court from a decree or order of a subordinate court, subject to pecuniary limits.

Section 79G CPA: an appeal from a subordinate court to the High Court must be filed within thirty days of the decree or order.

Order 42 rule 6 CPR: an appellant may apply for stay of execution pending appeal on terms as to security and costs.

Section 80 CPA: review lies to the court that passed the decree on grounds of new evidence, mistake or error apparent on the face of the record, or other sufficient reason.

Order 45 rule 1 CPR: an application for review must be made without unreasonable delay.

Order 42 rule 35 CPR: an appeal may be dismissed for want of prosecution where the record of appeal is not filed in time.

Section 81 CPA: the High Court may revise any finding, sentence or order of a subordinate court where jurisdiction was exercised illegally or with material irregularity.

Section 82 CPA: the Court of Appeal may review its own judgment on discovery of new and important evidence or on a manifest error apparent on the face of the record.

Section 83 CPA: the Court of Appeal may revise its own decision where given per incuriam or in ignorance of a binding authority.

Article 163(7) of the Constitution: decisions of the Supreme Court are binding on all other courts.

The doctrine of stare decisis requires subordinate courts to follow decisions of superior courts.

The Court of Appeal is bound by its own decisions save in limited circumstances (Young v Bristol Aeroplane).

Article 159(2)(c) of the Constitution requires courts to promote alternative forms of dispute resolution.

Section 59 CPA: the court may, with the consent of the parties, refer a dispute to arbitration or mediation.

Section 60 CPA: where parties agree to arbitration, the court may stay proceedings and refer the dispute to arbitration.

The Arbitration Act, 1995 governs arbitration; an award may be set aside only on the limited grounds in section 35.

Order 11 CPR: case management requires the parties to file a bundle with lists of witnesses and documents and a statement of issues.

Order 46 CPR: the court may refer a matter to a mediator with the consent of the parties and record a settlement as a decree.

The Advocates Act (Cap 16) and the Advocates (Practice) Rules govern professional conduct in Kenya.

An advocate must not mislead the court or present false evidence, and owes a duty to assist in the administration of justice.

An advocate must not act where there is a conflict of interest or where he previously acted for the opposing party in the same matter.

An advocate must maintain client confidentiality save where disclosure is required by law or with the client's consent.

An advocate must not communicate directly with a represented opposing party without the consent of that party's advocate.

An advocate must not, without instructions, compromise or settle a client's matter.

A plaint must state the court, parties, material facts and relief sought, and be verified by affidavit (Order 4 rule 1 CPR).

A defence must respond to each material allegation and specifically plead any set-off or counterclaim (Order 7 CPR).

A written statement of defence must be filed within fourteen days of entering appearance (Order 7 rule 1 CPR).

A memorandum of appeal must set out concise grounds under distinct heads and be accompanied by a certified copy of the decree and judgment (Order 42 rule 1 CPR).

A chamber summons is used for interlocutory applications in the High Court; a notice of motion is used where the application is made in open court.

Cross-examination should test credibility and elicit favourable facts without being argumentative or abusive.

Section 15 CPA: territorial jurisdiction is determined by the defendant's residence, place of business, or where the cause of action arose.

Section 6 CPA: sub judice bars a court from proceeding where the same matter is pending in another court between the same parties.

Section 5 CPA: res judicata bars a suit where the matter has been finally decided by a competent court.

Lack of jurisdiction cannot be cured by consent of parties and may be raised at any stage, even suo motu.

Section 18 CPA permits transfer of suits between courts of competent jurisdiction.

Section 16 CPA: suits concerning immovable property must be filed where the property is situate.

Order 1 rule 9 CPR: misjoinder or non-joinder does not defeat a suit; the court determines the matter as between the parties before it.

Order 1 rule 10 CPR: the court may add, strike out or substitute parties at any stage.

Order 1 rule 8 CPR: representative suits require leave of court and notice to all persons represented.

Order 32 CPR: minors and persons of unsound mind sue or are sued through a next friend or guardian ad litem.

A company sues in its registered name; an unincorporated association sues through its trustees or officials.

Order 1 rule 1 CPR: plaintiffs may be joined where they assert a right to relief arising from the same act or transaction.

Order 2 rule 1 CPR: pleadings state material facts, not the evidence by which they are proved.

Order 2 rule 4 CPR: fraud, misrepresentation, breach of trust and undue influence must be specifically pleaded.

Order 6 rule 13 CPR: a pleading that is scandalous, frivolous or vexatious may be struck out.

Order 8 CPR: amendment of pleadings may be allowed at any stage on terms as to costs and adjournment.

A cause of action is the set of facts that, if proved, entitles the plaintiff to a remedy.

Order 4 rule 1 CPR: a suit is commenced by a plaint accompanied by a verifying affidavit and lists of witnesses and documents.

Order 5 rule 8 CPR: personal service is effected by delivering or tendering a copy of the summons to the defendant.

Order 5 rule 17 CPR: substituted service may be ordered where the defendant cannot be found.

Order 5 CPR: an affidavit of service must be filed showing the time, manner and place of service.

Order 10 CPR: judgment in default of appearance or defence may be entered where the defendant fails to respond.

Order 40 CPR: interlocutory injunctions require a prima facie case, irreparable injury, and balance of convenience (Giella v Cassman Brown).

Order 51 rule 1 CPR: applications are by summons, motion or chamber summons, supported by affidavit.

Order 18 rule 1 CPR: the plaintiff has the right to begin the hearing unless the defendant admits the claim and relies on a set-off.

Section 107 Evidence Act: the burden of proof lies on the person who asserts the existence of facts on which he relies.

Section 108 Evidence Act: the burden lies on the person who would fail if no evidence were given on either side.

Order 17 CPR: where a party fails to attend, the court may proceed ex parte or dismiss the suit.

Order 19 CPR: the court may order evidence by affidavit, and the deponent may be cross-examined.

Order 21 rule 4 CPR: judgment is pronounced in open court and must contain the points for determination, decision and reasons.

Section 2 CPA: a decree is the formal expression of an adjudication conclusively determining the rights of the parties.

Order 21 rule 1 CPR: the court draws up and signs a decree in accordance with the judgment.

Order 22 rule 18 CPR: execution must be applied for within twelve years from the date of the decree.

Order 22 rule 30 CPR: modes of execution include delivery of possession, attachment and sale, arrest and detention, and appointment of a receiver.

Order 23 CPR: the court may order arrest and detention of a judgment-debtor who dishonestly transfers or conceals property.

Section 94 CPA: a judgment-debtor may be detained in civil jail for a period not exceeding six months.

Section 65 CPA: an appeal lies to the High Court from a decree or order of a subordinate court, subject to pecuniary limits.

Section 79G CPA: an appeal from a subordinate court to the High Court must be filed within thirty days of the decree or order.

Order 42 rule 6 CPR: an appellant may apply for stay of execution pending appeal on terms as to security and costs.

Section 80 CPA: review lies to the court that passed the decree on grounds of new evidence, mistake or error apparent on the face of the record, or other sufficient reason.

Order 45 rule 1 CPR: an application for review must be made without unreasonable delay.

Order 42 rule 35 CPR: an appeal may be dismissed for want of prosecution where the record of appeal is not filed in time.

Section 81 CPA: the High Court may revise any finding, sentence or order of a subordinate court where jurisdiction was exercised illegally or with material irregularity.

Section 82 CPA: the Court of Appeal may review its own judgment on discovery of new and important evidence or on a manifest error apparent on the face of the record.

Section 83 CPA: the Court of Appeal may revise its own decision where given per incuriam or in ignorance of a binding authority.

Article 163(7) of the Constitution: decisions of the Supreme Court are binding on all other courts.

The doctrine of stare decisis requires subordinate courts to follow decisions of superior courts.

The Court of Appeal is bound by its own decisions save in limited circumstances (Young v Bristol Aeroplane).

Article 159(2)(c) of the Constitution requires courts to promote alternative forms of dispute resolution.

Section 59 CPA: the court may, with the consent of the parties, refer a dispute to arbitration or mediation.

Section 60 CPA: where parties agree to arbitration, the court may stay proceedings and refer the dispute to arbitration.

The Arbitration Act, 1995 governs arbitration; an award may be set aside only on the limited grounds in section 35.

Order 11 CPR: case management requires the parties to file a bundle with lists of witnesses and documents and a statement of issues.

Order 46 CPR: the court may refer a matter to a mediator with the consent of the parties and record a settlement as a decree.

The Advocates Act (Cap 16) and the Advocates (Practice) Rules govern professional conduct in Kenya.

An advocate must not mislead the court or present false evidence, and owes a duty to assist in the administration of justice.

An advocate must not act where there is a conflict of interest or where he previously acted for the opposing party in the same matter.

An advocate must maintain client confidentiality save where disclosure is required by law or with the client's consent.

An advocate must not communicate directly with a represented opposing party without the consent of that party's advocate.

An advocate must not, without instructions, compromise or settle a client's matter.

A plaint must state the court, parties, material facts and relief sought, and be verified by affidavit (Order 4 rule 1 CPR).

A defence must respond to each material allegation and specifically plead any set-off or counterclaim (Order 7 CPR).

A written statement of defence must be filed within fourteen days of entering appearance (Order 7 rule 1 CPR).

A memorandum of appeal must set out concise grounds under distinct heads and be accompanied by a certified copy of the decree and judgment (Order 42 rule 1 CPR).

A chamber summons is used for interlocutory applications in the High Court; a notice of motion is used where the application is made in open court.

Cross-examination should test credibility and elicit favourable facts without being argumentative or abusive.