The 2001 amendments to the Civil Procedure Act introduced, inter alia, the Verifying Affidavit and the mandatory averments as to whether there was existence of a suit based on the same subject matter between the a parties. A lot of judicial ink was spilt and judicial time spent on arguing and deciding whether the verifying affidavit was a mandatory requires and if so, the consequences, whether the averments as to existence of a similar suit were mandatory or could be inserted by way of an amendment, whether the averment on the existence of a similar suit could be contained in the verifying affidavit ....... The arguments raised went on and on took some time to settle.
The purpose of the new Rules is laudable. Their aim is to enable the Court enable the court take control of proceedings in order to deal with matters expeditiously. I suspect that the new Civil Procedure Rules will for the first year bring a lot of litigation and if not handled well, may lead to the back a backlog of cases. See this and this ...
I think substantial efforts should have been made and should be to train advocates, magistrates, judges and the public on the new provisions in order to achieve smooth implementation.
31 comments:
they should be left to statutory interpretation rules rooted to the preambles and ojectives of the CPA, and as read with sections 1A and 3.
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Thanks a lot for the post, as a law student any possible contribution to my understanding of the law is always welcome. My concerns though are on some of the changes that were made. There has not been vigorous critique of the rules which leaves us students with little appreciation of the new rules. Please facilitate the same if possible.
thanks a lot for your blog.,it is of great help especially to me as a law student currently studying my civil procedure law under the new rules as it provides a lot of intellectual exposition.,
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