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CIVIL MATTERS

WRIT OF SUMMONS

By CIVIL MATTERS, WNo Comments

Section 97 of the Sheriffs and Civil Process Act states that every writ of summons for service under Part VII of the Act out of the State or the Capital Territory in which it was issued shall, in addition to any other endorsement or notice required by law of such State or the Capital Territory, have endorsed thereon a notice thus: “This summon (or as the case may be) is to be served out of the ………… State (or as the case may be) ……. and in the …… State (or as the case may be).”

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VOTING

By VNo Comments

Where registered voters could not vote due to no fault of theirs, it is said that they have been disenfranchised and if their votes are such as would likely sway the outcome of the election one way or the other, a fresh election ought to be conducted. It is only then that they would have the capability of showing that if their votes had been counted their candidate would have won or influenced the outcome of the election.

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UNDEFENDED LIST

By CIVIL MATTERS, UNo Comments

Where a plaintiff brings a claim for a liquidated money demand, the rules of court allow it to be brought under a peculiar procedure called the undefended list procedure. The purpose of the procedure is to enable a plaintiff obtain summary judgment without going into a lengthy trial if he can prove his claim clearly and if the defendant is not able to set up a bona fide defence on the merit. Where the defendant files a defence, the suit is transferred from the undefended list to the general cause list. It is an abridged procedure meant to enable the plaintiff obtain summary judgment without trial.

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