LAW-F26-CIVPRO-02 CIVIL PROCEDURE II COMPREHENSIVE
EXAM GUIDE 2026/2027 Q&A
Under USA's Civil Procedure Act, which of the following is the primary
purpose of Order 3 Rule 1 (case track system)?
A. To determine the monetary value of claims
B. To categorize cases based on complexity and time required for
resolution
C. To establish the hierarchy of courts in USA
D. To define the jurisdiction of small claims courts only
Correct Answer: B
Explanation: Order 3 Rule 1 introduces small claims, fast track, and
multi-track systems to categorize cases based on their nature and
complexity, determining the time required for resolution. Options A,
C, and D address only specific aspects rather than the
comprehensive purpose of case tracking.
A plaintiff seeks summary judgment under Order 36. Which
circumstance justifies this application?
A. The defendant has filed a counterclaim
B. The cause of action falls under specific cases where summary
judgment is available
C. The defendant has requested an extension of time to file defence
D. The plaintiff wishes to amend the plaint
Correct Answer: B
Explanation: Order 36 allows summary judgment as a shortcut
procedure when the cause of action falls under specific cases where
the court has the right to make orders. Option A, C, and D describe
situations not requiring summary judgment.
,What is the primary purpose of obtaining an injunction under Order 39
or 40?
A. To enforce a final judgment
B. To preserve the subject matter of litigation pending trial
C. To dismiss a frivolous suit
D. To compel discovery production
Correct Answer: B
Explanation: Injunctions under Order 39 or 40 preserve the subject
matter of litigation pending trial. Option A relates to execution, C
relates to dismissal, and D relates to discovery.
If a defendant is served but chooses not to defend, what procedure may
the plaintiff pursue?
A. Apply for summary judgment only
B. Apply for judgment in default of defence
C. File an amended plaint
D. Request a stay of execution
Correct Answer: B
Explanation: When a defendant opts not to defend after service, the
plaintiff may apply for judgment in default of defence, determining
entitlement to final or interlocutory judgment. Option A is incorrect
as summary judgment is a different procedure.
What distinguishes res judicata from estoppel in civil cases?
A. Res judicata applies to criminal cases; estoppel applies to civil
cases
B. Res judicata prevents re-litigation after final decision; estoppel
prevents denying previous statements
C. Estoppel prevents re-litigation; res judicata denies previous
statements
D. Both doctrines are identical in application
Correct Answer: B
Explanation: Res judicata prevents the same matter from being
litigated again after a final decision, while estoppel is an equitable
, doctrine preventing a party from denying what they previously
stated. Options A, C, and D misstate the doctrines.
What is the purpose of the inherent jurisdiction of the court in civil
cases?
A. To create new laws
B. To ensure justice is done and prevent abuse of court when no
specific procedure exists
C. To override statutory provisions
D. To determine appeal timelines
Correct Answer: B
Explanation: Inherent jurisdiction allows judges to create
convenient procedures when jurisdiction exists but no specific
procedure is provided, ensuring justice and preventing court abuse.
Options A, C, and D exceed the scope of inherent jurisdiction.
Which of the following is NOT an essential ingredient of a civil suit?
A. Filing in a court of competent jurisdiction
B. Establishing a cause of action
C. Obtaining a jury verdict before filing
D. Proper pleadings
Correct Answer: C
Explanation: Essential ingredients include competent jurisdiction,
right parties, cause of action, limitation compliance, proper
pleadings, and subject matter identification. Kenya does not require
jury verdicts before filing civil suits.
In garnishee proceedings, what is the primary objective?
A. To attach movable property of the judgment debtor
B. To recover debt from a third party holding funds belonging to the
judgment debtor
, C. To set aside an ex parte judgment
D. To appeal a High Court decision
Correct Answer: B
Explanation: Garnishee proceedings recover debt from a third party
(garnishee) holding funds belonging to the judgment debtor. Option
A describes attachment proceedings, C describes setting aside
judgments, and D describes appeals.
What is the primary distinction between a judgment and a decree under
Kenya's Civil Procedure Act?
A. A judgment is oral; a decree is always written
B. A judgment contains the court's reasoning; a decree is the formal
expression of adjudication
C. A decree can be appealed; a judgment cannot
D. There is no distinction
Correct Answer: B
Explanation: A judgment contains the court's reasoning and
findings, while a decree is the formal expression of adjudication
determining the rights of parties. Options A, C, and D misstate the
legal distinction.
Under what circumstances can a stay of execution of a decree be
granted?
A. Automatically upon filing an appeal
B. Only when the court exercises discretion based on specific
principles
C. When the judgment debtor requests it without showing cause
D. Only in criminal cases
Correct Answer: B
Explanation: Stay of execution requires court discretion based on
enumerated principles under statutes, not automatic upon appeal.
Options A, C, and D incorrectly describe the requirements.
EXAM GUIDE 2026/2027 Q&A
Under USA's Civil Procedure Act, which of the following is the primary
purpose of Order 3 Rule 1 (case track system)?
A. To determine the monetary value of claims
B. To categorize cases based on complexity and time required for
resolution
C. To establish the hierarchy of courts in USA
D. To define the jurisdiction of small claims courts only
Correct Answer: B
Explanation: Order 3 Rule 1 introduces small claims, fast track, and
multi-track systems to categorize cases based on their nature and
complexity, determining the time required for resolution. Options A,
C, and D address only specific aspects rather than the
comprehensive purpose of case tracking.
A plaintiff seeks summary judgment under Order 36. Which
circumstance justifies this application?
A. The defendant has filed a counterclaim
B. The cause of action falls under specific cases where summary
judgment is available
C. The defendant has requested an extension of time to file defence
D. The plaintiff wishes to amend the plaint
Correct Answer: B
Explanation: Order 36 allows summary judgment as a shortcut
procedure when the cause of action falls under specific cases where
the court has the right to make orders. Option A, C, and D describe
situations not requiring summary judgment.
,What is the primary purpose of obtaining an injunction under Order 39
or 40?
A. To enforce a final judgment
B. To preserve the subject matter of litigation pending trial
C. To dismiss a frivolous suit
D. To compel discovery production
Correct Answer: B
Explanation: Injunctions under Order 39 or 40 preserve the subject
matter of litigation pending trial. Option A relates to execution, C
relates to dismissal, and D relates to discovery.
If a defendant is served but chooses not to defend, what procedure may
the plaintiff pursue?
A. Apply for summary judgment only
B. Apply for judgment in default of defence
C. File an amended plaint
D. Request a stay of execution
Correct Answer: B
Explanation: When a defendant opts not to defend after service, the
plaintiff may apply for judgment in default of defence, determining
entitlement to final or interlocutory judgment. Option A is incorrect
as summary judgment is a different procedure.
What distinguishes res judicata from estoppel in civil cases?
A. Res judicata applies to criminal cases; estoppel applies to civil
cases
B. Res judicata prevents re-litigation after final decision; estoppel
prevents denying previous statements
C. Estoppel prevents re-litigation; res judicata denies previous
statements
D. Both doctrines are identical in application
Correct Answer: B
Explanation: Res judicata prevents the same matter from being
litigated again after a final decision, while estoppel is an equitable
, doctrine preventing a party from denying what they previously
stated. Options A, C, and D misstate the doctrines.
What is the purpose of the inherent jurisdiction of the court in civil
cases?
A. To create new laws
B. To ensure justice is done and prevent abuse of court when no
specific procedure exists
C. To override statutory provisions
D. To determine appeal timelines
Correct Answer: B
Explanation: Inherent jurisdiction allows judges to create
convenient procedures when jurisdiction exists but no specific
procedure is provided, ensuring justice and preventing court abuse.
Options A, C, and D exceed the scope of inherent jurisdiction.
Which of the following is NOT an essential ingredient of a civil suit?
A. Filing in a court of competent jurisdiction
B. Establishing a cause of action
C. Obtaining a jury verdict before filing
D. Proper pleadings
Correct Answer: C
Explanation: Essential ingredients include competent jurisdiction,
right parties, cause of action, limitation compliance, proper
pleadings, and subject matter identification. Kenya does not require
jury verdicts before filing civil suits.
In garnishee proceedings, what is the primary objective?
A. To attach movable property of the judgment debtor
B. To recover debt from a third party holding funds belonging to the
judgment debtor
, C. To set aside an ex parte judgment
D. To appeal a High Court decision
Correct Answer: B
Explanation: Garnishee proceedings recover debt from a third party
(garnishee) holding funds belonging to the judgment debtor. Option
A describes attachment proceedings, C describes setting aside
judgments, and D describes appeals.
What is the primary distinction between a judgment and a decree under
Kenya's Civil Procedure Act?
A. A judgment is oral; a decree is always written
B. A judgment contains the court's reasoning; a decree is the formal
expression of adjudication
C. A decree can be appealed; a judgment cannot
D. There is no distinction
Correct Answer: B
Explanation: A judgment contains the court's reasoning and
findings, while a decree is the formal expression of adjudication
determining the rights of parties. Options A, C, and D misstate the
legal distinction.
Under what circumstances can a stay of execution of a decree be
granted?
A. Automatically upon filing an appeal
B. Only when the court exercises discretion based on specific
principles
C. When the judgment debtor requests it without showing cause
D. Only in criminal cases
Correct Answer: B
Explanation: Stay of execution requires court discretion based on
enumerated principles under statutes, not automatic upon appeal.
Options A, C, and D incorrectly describe the requirements.
