DCI 4223 CIVIL PROCEDURE (JUN-OCT 24)_CHAPTER 5-9

Which of the following legislation governs general application to the limitation period for an action founded on contract, tort and certain land matters?

• Contracts Act 1950

• National Land Code

• Rules of Court

• Limitation Act 1953

When does the limitation period start to run for actions of contract?

• 12 years from the date of breach of contract

• 6 years from the date of breach of contract

• 3 years from the date of breach of contract

• No limitation periods

In what situation a proceeding must be begun by writ?

• If there is a substantial dispute of facts

• May be used to commence action where the principal question is on construction of law

• If there is unlikely to be substantial dispute of fact

• Where the Plaintiff intends to make application under statutory provisions

The following is correct on enforcement of judgment EXCEPT

• Power of the court to amend, vary or set aside judgment and orders must be exercised judicially and not capriciously

• Every judgment after trial must be pronounced in open court at the conclusion of the trial

• The court has power to alter, vary or set aside a judgment that is regularly obtained.

• After a judgment has been perfected, amendments may only be made to in relation to clerical errors, accidental slips and omission

Which of the following is CORRECT on expert witness?

• Expert witness has specialized knowledge or skill in a particular field that qualifies him to present his opinion about the facts of a case during legal proceedings.

• Expert witness is those who personally saw or heard something about the crime.

• Expert witness is an official witness who works for a government department

• Expert witness is those who is called by the prosecution in a criminal trial to give evidence against the accused person

What is the rationale in admissibility of dying declaration as evidence

• To protect the Defendant against the possibility of fabricated testimony

• Some guilty defendants may go free if vital evidence is excluded from the trials

• A dying person does not have the capability to lie in the bed of death

• The statement is made in good faith

The following are CORRECT on competency of child to be a witness EXCEPT

• The child must be able to remember what happen

• The child can understand the question put to him or her

• The child can give rational answers to the question

• The child did not know that he or she must be truthful

What is the consequence if an action is brought outside the limitation period as specified by any statutory provisions?

• The Plaintiff may bring the claim for specific performance against the Defendant

• The Plaintiff may make an application to renew the proceedings before the expiry date

• The Plaintiff should file the Originating Motion

• The Defendant may plead that the action is statutory barred and the court if satisfied, may dismiss the Plaintiff’s action

When does the limitation period start to run for actions to recover rent?

• 12 years from the date which the arrears of rent become due.

• 6 years from the date which the arrears of rent become due.

• 3 years from the date which the arrears of rent become due.

• No limitation periods.

When does the limitation period start to run in respect of trust property?

• No limitation periods

• 6 years from the date when the cause of action arose

• 3 years from the date when the cause of action arose

• 12 years from the date when the cause of action arose