CIVIL PROCEDURE SAMPLE EXAM PAPER 4

Q1.
Ms. Akinyi a young Kenyan has been a model of international repute. She has been modeling for international companies in South Africa, Dubai and Miami since she was spotted by a modeling agency from her rural home in Nyakach at the age of !4 years. She has continued to expand her repute, and few people who have seen her agree that indeed God favored her with excess beauty. Her elegant walking style, long flowing hair sharp eyes, smooth face and naturally slender body, a combination of beauty and elegance that make this 23 year old damsel a hot siren!
Recently while on a holiday at the exclusive private resort in with her Italian Beau, she slipped while coming out of her room, and rolled down the stairs, fracturing her right leg. Her face was seriously injured and she lost a big part of her hair. Initial diagnosis indicates that her leg will not be amputated, but her face will have to undergo extensive surgery.
Attempts to restore her face have been successful at a heavy cost. For the period she was in hospital she was unable to model and the companies cancelled her contracts. It is estimated that she lost Ksh. 50,000,00 when the contracts were cancelled. The hospital bill is estimated at Ksh. 10 million.
It is alleged that the Hotel Paradiso, was negligent by not putting a sign to warn people that the floor was slippery since it had just been washed.
Ms. Akinyi has approached you with instructions to file a suit for damages against the Hotel Paradiso.

a) Briefly do analysis of the facts and the law
b) List the documents you are likely to file in court
c) Draft a plaint based on the above facts.
(30 marks

QUESTION TWO
Mr. Njuguna was travelling to Mombasa to have fun on then new year’s eve in the company of his old friends, kamau and Timo. Around makindu area, the three friends decided to have a drink, and shortly thereafter a quarrel started and Mr. Njuguna was attacked by Kamau and Timo. MR. Njuguna and Timo live in Nairobi, but Kamau stays and works in Mombasa. Mr. Njuguna wishes to file a suit against his friends.
a) Set out and explain the rules governing the place to file a suit. (15 marks)
b) Advice Mr. Njuguna where to file his suit and give reasons for your advice (5 marks)

QUESTION THREE
Write detailed notes on stay of suits and Res judicata, and highlight their differences. (20 marks)

QUESTION FOUR
a ) Set out the heirarchy of civil courts (5 marks)
b ) section II of the Civil Procedure Act provides that every suit shall be instituted in the court of the lowest grade competent to try it. What is the position if the suit which ought to be filed in a lower grade court is filed in a higher grade court and where the suit which ought to be filed in a higher grade court is filed in a lower grade court. (10 marks)
c) What is the jurisdiction of the supreme court. (5 marks)

QUESTION FIVE
Write short notes on
a) Substituted service
b) Third party notice
c) Locus standi
d) Interlocutory proceedings