Course description

Law is divided into substantive law and adjectival law also known as procedural law.  Substantive law deals with the definition of legal rights, duties, obligations and remedies available to persons while adjectival law related to the set of rules which regulate the way in which those rights, duties, liabilities and remedies are enforced and defended in court proceedings.

Civil Litigation belongs to the class of adjectival law which deals with the body of rules that regulate the conduct of civil proceedings in courts.  It focuses at providing orderly as well as expeditious means of enforcing claims in court by litigants. The general maxim guiding the enforcement of civil claim in law is ubi jus, ibi remedium, that is, where there is a legal right, there is law to remedy the wrong. In order to achieve this and to prevent many unserious and frivolous claims from coming to court, various rules were made to guide the manner in which claims are being enforced in the various courts with certain peculiarities to different jurisdictions.

It is important to mention that the course was formerly recognized as civil procedure but now re-designated as civil litigation due to its expansive scope. Principles of evidence has now been collapsed into it and other practical tasks required of lawyers in practice are now included. Most especially is the aspect of drafting of various court processes.

What will i learn?

• Conduct client interview to obtain facts for a civil case.
• Commence action at the appropriate court.
• Sue the appropriate parties involved in a civil case.
• File and argue interlocutory applications.
• Institute both liquidated and unliquidated action under undefended list and summary judgement procedures.
• Prepare and file pleadings in court.
• Conduct and participate fully during settlement of issues, pre-trial proceedings and case-management conference.
• Understand the principles of evidence necessary to conduct trial of civil case.
• Present closing address and obtain judgement of court.
• Understand and be able to file applications for the enforcement of judgment.
• Prepare and file a client’s appeal.
• Understand and be able to file application pending appeal
• understand and be able to file special civil claims including recovery of property by a landlord from tenant, matrimonial causes between husband and wife, election petition and the enforcement of fundamental rights.

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