Civil Procedure and Evidence
What this domain tests
Civil procedure and evidence tests how a civil claim moves from pleadings to trial and appeal, and the rules governing proof.
Core rules
- Jurisdiction depends on the court's statutory powers and the claim's value or subject matter. The High Court has original and supervisory jurisdiction; subordinate courts have limited jurisdiction.
- Pleadings must state material facts, not evidence. The plaintiff files a statement of claim; the defendant files a defence and any counterclaim. Failure to defend may lead to default judgment.
- Service must be valid and proved. Summary judgment is available for claims without a genuine defence.
- Pre-trial steps include discovery, interrogatories and case management. Trial evidence must be relevant and admissible.
- Burden of proof lies on the party asserting a fact; the standard is balance of probabilities in civil cases and beyond reasonable doubt in criminal cases.
- Hearsay, opinion, character and privileged material are generally inadmissible, subject to exceptions. Confessions must be voluntary.
Worked example
A plaintiff sues for an unpaid debt of K2 million. The defendant files no defence. The plaintiff may apply for default judgment. Because the claim is liquidated, the court can enter judgment for the sum claimed; if damages are unliquidated, the court will assess them. The plaintiff still must prove service and compliance with the rules.
Traps
Do not plead evidence instead of material facts. Do not assume default judgment is automatic without proof of service. Do not confuse burden and standard of proof. Do not rely on hearsay without identifying an exception.