What they mean-Part two

Going through a court case can be challenging.
It is even worse when you hardly understand what is going on.

Continued from Issue 21. The following are legal terms interpreted for you.

Affidavit – This is a sworn statement used mainly to support certain applications and in some instances as evidence in court.

Appeal – This is an application for examination by a higher court of a lower court’s decision.

Bill of Costs – This is an account of costs in respect of the legal services provided.

Call over – This is when the court calls out the matters before their dates for the parties to confirm whether the matter will proceed for hearing so that they are listed on the respective dates.

Cause list – A list of cases drawn up at the court registry that indicates the cases to be heard and who will be hearing them. It is normally pinned on a notice board within the court compound.

Decree – An order of the court tabulating the exact remedies awarded by the court.

Decree holder The party that wins a suit.

Documentary – Anything written that can prove a fact alleged in court.

Fixing hearing – Obtaining a date for when a case can be heard. The party who wishes to have the case go on usually does it.

Injunction – A judicial process whereby a party to a suit is required lo do. or refrain, from a particular act.

Judgment debtor – The party that loses a case.

Leave – Permission by court to undertake a certain cause of action.

Making/entering appearance -The procedure where a party or their advocate appears in court to answer a claim made against them.

Memorandum of appearance -The document filed when entering appearance by a party.

Originating summons – An application used to initiate proceedings.

Pauper – A legal term referring to a person who has proved to the court that they are unable to pay court fee.

Petition – An application to initiate court proceedings.

Persuasive judgment – A judgment from a court of similar jurisdiction, which can be used to persuade the court to make a similar decision.

Plaint – An application to initiate proceedings.

Pleadings – A term used to refer to the collection of documents used during court proceedings.

Registrar – A magistrate responsible for ensuring the High Court and Court of Appeal cases documentation are in order as far as content and process is concerned.

Relief – Any remedy given by a court to a person injured by the actions of another person.

Stay of execution – Temporary suspension of judgment pending determination of an application made by either party.

Substituted service – Any method used to serve court documents to a person other than personal service after one fails to locate them.

Suit – The proper name to be used when referring to a case.

Courtesy of FIDA’s Manual for Self Representation Litigants.

END: BL22/58