Stages under the Action Procedure

Stage 1

The first stage where one is intending to commence proceedings by way of Action. The plaintiff should
issue out summons with the clerk of court in which the court has jurisdiction of the actio pursuant to
Order 8 rule 1 of the Magistrate Court (civil) Rules 2019. It should be noted that the law provides for the
issuance of summons through electronic means and the defendant can also reply using the same
electronic platform.

Where summons has been issued to the clerk of court the later should allocate the case no of the file
and call upon the messenger of court or his deputy or any other person appointed to do the process of
service of documents according to Order 2 of the Magistrate Court (civil) rules 2019. Upon serving the
defend the messenger of court should provide proof that the summons has been dilivered to the
defendant known as the proof or return of service according to Order 3 Rule 3.

Stage 2

Upon receipt of the summons by the defendant should enter appearance to defend pursuant to Order
10. Where the defendant has failed to enter appearance to defend with the stipulated time lines. The
plaintiff may proceed to make an application for a default judgment according to Order 11 of the
Magistrate Court (Civil) Rules 2019. However this judgement can be reversed upon application made by
the defendant that he has reasonable grounds for failure to enter appearance to defend within the
stipulated tym lines according to Order 30 Rule 1 where the defendant will lodge an application to
rescind the judgement.

Stage 3

Where the defendant has made intention to defend the action by entering the notice of appearance to
defend. The law provides that the defendant should file a plea pursuant to 0rder 8 of the Magistrate
Court (civil) rules 2019 where the defence will provide his or her defense. At this stage if the plaintiff is
of the opinion that the defence has no defense to the claim he or she can make an application to the
court for a summary judgement according to Order 15 of the Magistrate Court (rules) 2019.

Stage 4

The defendant upon filing his plea he can also file a special plea to the effect that the action is fatal

The following are special pleas

Declitory

(I) lack of jusidiction

(ii) Resjudicata

(iii) Prescription
(iv) Clause

Dilatory

(I) loci standi

(ii) pen lis

These are types of pleas that the defendant can plead and decline prosecution of the action.

Stage 5

Reply is the stage where the plaintiff is asked by law to respond to the contents of the defendant s
pleadings. This is an answer to what the defendant would hve raised as his defense or some
conseccions. This is provided under Order 17 of the Magistrate Court (court) Rules 2019)

Stage 6

Where both parties have filed their pleadings and they are satisfied that the issue has to be determined
by the court. The law pursuant to Order 17 Rule 4 of the Magistrate Court (rules) 2019 provides for the
closure of filing pleadings.

Stage 7

Where the parties have closed the filing of pleadings any part to the action can ask the other party to
show to him or her the documents or information that he or she would want to use in support of the
application. At this stage a part can claim privilege and refuse to disclose certain documents on the basis
of privileged information

The following is the types of privileged information

(I) legal profession privilege

(ii) marital privilege

(iii) state security

Stage 8

Pre trial conference pursuant to 19 Rule 1 provides that after the discovery stage any party to the action
may invite the other party for a meeting the purpose of the meeting is to try and settle or narrow down
the issues if they can't reach out a court settlement. The following are the issues to discuss at PTC
conference

The duration of the trial

The number of witnesses

Who bears the burden of proof

The duty to begin

Admissions

The service of an interpreter

Stage 9

The set down stage this is the stage where parties have failed to reach an out of court settlement hve
decided that the issues hve to be decided by the court. The plaintiff will apply to the clerk of court to hve
the matter set for a hearing before the Magistrate at a date and time agreed by both parties. This is
provided under Order 19 rule 2.

Stage 10

Order 19 of the Magistrate Court (Civil) Rules 2019 provides for the trial process where the parties to
the action appear before the Magistrate and give evidence and cross examine witnesses to give
evidence

Stage 11

This is the last stage of the proceedings where after all the parties have adduced evidence and closed
their cases pursuant to Order 11 of the Magistrate Court Rules 2019 the court should give a final
judgment. This is the final verdict of the court.

The court can give the following judgements

(I) absolution from instances

(ii) Sumary judgements

(iii) default judgements

(iii) judgement by consent

(iv) final judgment