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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Determining the subject for decision: a comparative story with special reference to Kenya law
Author:Thanawalla, S.
Year:1974
Periodical:East African Law Journal
Volume:10
Issue:1
Pages:41-61
Language:English
Geographic term:Kenya
Subject:civil procedure
Abstract:As regards the ascertainment of the subject for decision by the courts, there can be various degrees of participation by the litigants. On the one extreme, one can have a strictly adversary system, where, as in England, the court's function in general is limited to adjudicating issues submitted to it by the parties. On the other hand, one can have a system in which there is a high degree of involvement on the court's part in defining the issues requiring adjudication. This paper examines initially the procedures in Indian Law for evolving the subject for decision; the first civil procedure legislation introduced in Kenya being the Indian Code of Civil Procedure, 1882. Whilst the tendency in recent years of amending statute has been to bring the law more in line with English law, various topics of Indian origin continue to exist. Sections: Introduction Indian antecedents - Evolving the issue in Kenya law - Content of specific pleadings - Conclusion including a reference to some American concepts. Notes.
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