Summary Judgment

Product details

Summary Judgment shows how courts interpret and apply Order 35 in Kenya and Tanzania and the corresponding Order 33 in Uganda. It is a work on the East African summary judgment procedure in civil litigation. This celebrated Order is one of the great innovations of the Rules of Court. This book sets out the illuminating touchstones which guide the crucial judgment involved in balancing the need for expeditious disposition of cases and the right to a plenary trial. Although the cases cited in the texts do not expressly use the same language, they clearly answer the charge that Order 35 might be an unconstitutional deprivation of the right to a trial, by making it plain that the right to a trial does not include the right to a useless trial of nonexistent genuine issues. The book is intended to state the law authoritatively, and serve as a work of reference.

Book details
Author: Hon. Justice (Rtd.) Richard Kuloba
Publisher: LawAfrica Publishing
Format: Print, Soft Back
ISBN: 9966712186