Description

CIVIL PROCEDURE

QUESTION ONE

James Okang’a is a retailer trading in general merchandise in Kericho Town. Over the years, he has developed a pool of credit-worthy customers. One of his most trusted customers is Jonathan Lipule. On 01.062011, Jonathan took goods worth Kshs.300, 000 from James’ shop. Previous dealings had it that all goods taken on credit were payable within 30 days. By September 2011, Jonathan had not paid for the goods. James came to your firm of legal practitioners for advice. Yoü advised him that he had a claim in law against Jonathan. You even issued a letter of demand and notice of intention to sue. Today, James came back to your chamber to instruct you to prepare necessary documents to take Jonathan to court. As a former student of Civil Procedure, you know that you have to prepare a plaint. Draft a plaint for James’ perusal. (For purposes of this question, the other documents that accompany the plaint are NOT necessary.)

(25 marks)

QUESTION TWO

Identify and explain the various factors that influence the choice of the appropriate court or tribunal in which to commence civil proceed ings.

(15 marks)