KSL ATP Civil Litigation study guide
KSL ATP Civil Litigation · Work through your exam, one topic at a time.
Civil Litigation is one of the core papers in the Advocates Training Programme at the Kenya School of Law, the vocational year that a law graduate must complete before petitioning the High Court for admission as an advocate of the High Court of Kenya. The paper is designed for ATP candidates who already hold an LL.B. The KSL ATP Civil Litigation study guide has 10 sections and about 3,537 words.
01Jurisdiction and Preliminary Considerations
Every civil suit begins with two threshold questions: does the court have jurisdiction (subject-matter and territorial), and is the action competent before it (proper parties, cause of action, limitation, notice requirements, and any statutory pre-conditions such as a demand or statutory notice). Subject-matter jurisdiction cannot be conferred by consent, waiver, or acquiescence; a defect here renders proceedings a nullity at any stage.
385 words, about 2 min02Parties
Correctly identifying who may sue and be sued determines whether a suit is maintainable. The core ideas are capacity , joinder , misjoinder and non-joinder , and the rules on representative and public-interest actions .
367 words, about 2 min03Pleadings and Cause of Action
Pleadings are the formal statements of claim and defence that define the issues for trial. The cause of action is the bundle of facts that, if proved, entitles the claimant to relief.
355 words, about 2 min04Service of Process and Interlocutory Applications
A suit is not properly instituted against a defendant until service of process is effected. Defective service can vitiate proceedings; valid service sets the clock running for appearance and defence.
325 words, about 2 min05Trial Procedure and Evidence in Civil Proceedings
Trial is the structured presentation of evidence on the issues framed from the pleadings. The candidate must understand framing of issues , burden of proof , examination-in-chief, cross-examination and re-examination , documentary evidence and proof , and admissibility .
315 words, about 2 min06Judgment, Decree, Execution and Enforcement
A judgment is the reasoned decision; a decree is the formal expression of the adjudication that conclusively determines the rights of the parties. Execution is the process of enforcing the decree.
311 words, about 2 min07Appeals and Review
Appeals challenge a decision before a higher forum; review asks the same court to reconsider its own decision. They are distinct remedies with distinct grounds and limits.
306 words, about 2 min08Civil Appeals, Revision and Case Law
This domain tests the interplay of first and second appeals , revision , and the use of precedent . The candidate must know which forum has which power and how case law binds.
292 words, about 1 min09Alternative Dispute Resolution and Case Management
ADR and case management aim to resolve disputes efficiently and proportionately . The candidate must understand arbitration , mediation , conciliation , negotiation , and the court's role in referring parties to ADR and managing the timetable of a suit.
282 words, about 1 min10Professional Ethics and Conduct in Civil Litigation
Ethical conduct is a duty owed to the court , the client , and the profession . The candidate must know the core duties: competence, confidentiality, candour, avoidance of conflict of interest, and integrity in advocacy.
599 words, about 3 min