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Suing Advocate For Malicious Prosecution
Summary
Suing an advocate for malicious prosecution is not suitable for small claims court due to complexity. Preliminary objections require understanding the grounds, researching, and preparing a response. Res judicata prevents relitigation of resolved issues. Fraudulent consent judgments can be challenged. Malicious prosecution claims need proof of lack of probable cause. Judicial immunity protects magistrates unless they act outside jurisdiction. Appeals in high court have a 14-day timeline, but extensions may be possible. Judicial reviews have a 6-month timeline from decision awareness. Legal advice is recommended for complex cases.Full Conversation
can I sue an advocate in small claims court for malicious prosecution
Hi Titus! You cannot sue an advocate in small claims court for malicious prosecution. Small claims court typically handles matters involving small monetary disputes, and malicious prosecution cases are generally more complex. You may need to file your case in a higher court.
Would you like more information on how to proceed with your case?
Would you like more information on how to proceed with your case?
how do I handle preliminary objection in a case
To handle a preliminary objection in a case, you can follow these steps:
*. Understand the Objection:
- Identify the grounds of the preliminary objection raised by the opposing party.
*. Research:
- Study relevant laws and past cases related to the objection.
*. Prepare Your Response:
- Gather all necessary evidence and arguments to counter the objection.
*. Draft Your Reply:
- Write a clear, concise reply addressing each point of the objection.
*. File and Serve:
- File your reply with the court and serve it to the opposing party.
*. Court Hearing:
- Present your arguments during the hearing.
Would you like more detailed information on any of these steps?
*. Understand the Objection:
- Identify the grounds of the preliminary objection raised by the opposing party.
*. Research:
- Study relevant laws and past cases related to the objection.
*. Prepare Your Response:
- Gather all necessary evidence and arguments to counter the objection.
*. Draft Your Reply:
- Write a clear, concise reply addressing each point of the objection.
*. File and Serve:
- File your reply with the court and serve it to the opposing party.
*. Court Hearing:
- Present your arguments during the hearing.
Would you like more detailed information on any of these steps?
preliminary objection due to res judicata
Case Rating: *
Res judicata is a principle that prevents the same parties from litigating the same issue in a future lawsuit once it has been resolved in a previous case. To handle a preliminary objection due to res judicata, you can follow these steps:
- Review the Previous Case: Ensure the previous case has identical parties, issues, and legal grounds.
- Prepare Counterarguments: Show how the current case is different in fact or law.
- Gather Evidence: Collect any new evidence that wasn't available in the previous case.
Would you like more detailed information on how to prepare your counterarguments?
Res judicata is a principle that prevents the same parties from litigating the same issue in a future lawsuit once it has been resolved in a previous case. To handle a preliminary objection due to res judicata, you can follow these steps:
- Review the Previous Case: Ensure the previous case has identical parties, issues, and legal grounds.
- Prepare Counterarguments: Show how the current case is different in fact or law.
- Gather Evidence: Collect any new evidence that wasn't available in the previous case.
Would you like more detailed information on how to prepare your counterarguments?
In such a case a personal injury claim was maliciously prosecuted and a judgement entered by fraudulent consent can I now claim material damage in a new case?
Case Rating: *
To determine if you can claim material damages in a new case, consider the following:
- Fraudulent Consent: If you can prove the consent judgment was obtained fraudulently, it may be set aside.
- Malicious Prosecution: You might have grounds for a new claim if you can show the previous case lacked probable cause.
Would you like more specific details on proving fraudulent consent or malicious prosecution?
To determine if you can claim material damages in a new case, consider the following:
- Fraudulent Consent: If you can prove the consent judgment was obtained fraudulently, it may be set aside.
- Malicious Prosecution: You might have grounds for a new claim if you can show the previous case lacked probable cause.
Would you like more specific details on proving fraudulent consent or malicious prosecution?
Can a judgement be set aside in trial court due to malicious prosecution
Case Rating: *
Yes, a judgment can potentially be set aside in a trial court if you can prove malicious prosecution. Here are the key points to consider:
- Malicious Prosecution: Demonstrate that the previous case was initiated without probable cause and with malice.
- Fraudulent Consent: Provide evidence that the consent judgment was obtained through fraud.
Would you like to know more details on the process of setting aside a judgment due to malicious prosecution?
Yes, a judgment can potentially be set aside in a trial court if you can prove malicious prosecution. Here are the key points to consider:
- Malicious Prosecution: Demonstrate that the previous case was initiated without probable cause and with malice.
- Fraudulent Consent: Provide evidence that the consent judgment was obtained through fraud.
Would you like to know more details on the process of setting aside a judgment due to malicious prosecution?
what cases are filed under miscellenous in small claims court
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In small claims court, miscellaneous cases can include, but are not limited to:
- Debt recovery
- Breach of contract
- Property damage
- Personal loans
- Consumer complaints
Would you like more information on a specific type of small claims case?
In small claims court, miscellaneous cases can include, but are not limited to:
- Debt recovery
- Breach of contract
- Property damage
- Personal loans
- Consumer complaints
Would you like more information on a specific type of small claims case?
timeline to appeal a ruling in high court
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In Kenya, the timeline to appeal a ruling in the High Court is generally 14 days from the date of the ruling. Ensure you file your notice of appeal within this period. Would you like more information on the appeal process?
In Kenya, the timeline to appeal a ruling in the High Court is generally 14 days from the date of the ruling. Ensure you file your notice of appeal within this period. Would you like more information on the appeal process?
Can I transfer a case from one magistrate to another in small claims
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Yes, you can transfer a case from one magistrate to another in small claims court under certain conditions. Here are some key points:
- Conflict of Interest: If you believe the magistrate has a conflict of interest.
- Bias: If you can prove the magistrate is biased.
- Procedural Issues: If there are procedural issues affecting the case.
Would you like more details on how to request a transfer?
Yes, you can transfer a case from one magistrate to another in small claims court under certain conditions. Here are some key points:
- Conflict of Interest: If you believe the magistrate has a conflict of interest.
- Bias: If you can prove the magistrate is biased.
- Procedural Issues: If there are procedural issues affecting the case.
Would you like more details on how to request a transfer?
can you sue a magistrate
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Suing a magistrate is generally not straightforward due to judicial immunity, which protects judges from being sued for actions taken in their official capacity. However, if you believe the magistrate acted outside their jurisdiction or engaged in criminal conduct, you may have grounds to take action.
Would you like more information on judicial immunity or potential legal steps you can take?
Suing a magistrate is generally not straightforward due to judicial immunity, which protects judges from being sued for actions taken in their official capacity. However, if you believe the magistrate acted outside their jurisdiction or engaged in criminal conduct, you may have grounds to take action.
Would you like more information on judicial immunity or potential legal steps you can take?
yes
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To provide more detailed information:
- Judicial Immunity: Magistrates are generally protected from lawsuits for actions taken in their official capacity. This immunity helps ensure that they can perform their duties without fear of personal liability.
- Exceptions: If a magistrate acted outside their jurisdiction or engaged in criminal conduct, this immunity may not apply.
Would you like more specific details on judicial immunity or the legal steps you can take if you believe the magistrate acted outside their jurisdiction?
To provide more detailed information:
- Judicial Immunity: Magistrates are generally protected from lawsuits for actions taken in their official capacity. This immunity helps ensure that they can perform their duties without fear of personal liability.
- Exceptions: If a magistrate acted outside their jurisdiction or engaged in criminal conduct, this immunity may not apply.
Would you like more specific details on judicial immunity or the legal steps you can take if you believe the magistrate acted outside their jurisdiction?
I feel injustified and court cant handle my case
Case Rating: *
I'm sorry to hear you feel that way. To better assist you, could you provide more details on why you believe the court can't handle your case? Are there specific actions or decisions that you feel were unjustified?
I'm sorry to hear you feel that way. To better assist you, could you provide more details on why you believe the court can't handle your case? Are there specific actions or decisions that you feel were unjustified?
due to proffessional misconduct, malicious prosecution and fraudulent content when not in court
Case Rating: *
I'm really sorry you're experiencing this. It sounds like a complex situation involving professional misconduct and malicious prosecution. Here are some general guidelines:
- Professional Misconduct: You can file a complaint with the Law Society of Kenya.
- Malicious Prosecution: You may need to file a lawsuit in a higher court.
- Fraudulent Content: Gather evidence and seek legal advice.
Would you like more details on any of these steps?
I'm really sorry you're experiencing this. It sounds like a complex situation involving professional misconduct and malicious prosecution. Here are some general guidelines:
- Professional Misconduct: You can file a complaint with the Law Society of Kenya.
- Malicious Prosecution: You may need to file a lawsuit in a higher court.
- Fraudulent Content: Gather evidence and seek legal advice.
Would you like more details on any of these steps?
cant file an appeal in high court as a case is out to of time
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It seems like your case might be complex and could benefit from legal guidance. Here are some general steps you could consider:
- Extension of Time: You might be able to file for an extension of time to appeal if you provide a valid reason for the delay.
- Judicial Review: You could explore the possibility of a judicial review if there were procedural errors or misuse of justice.
Would you like more detailed information on either of these options?
It seems like your case might be complex and could benefit from legal guidance. Here are some general steps you could consider:
- Extension of Time: You might be able to file for an extension of time to appeal if you provide a valid reason for the delay.
- Judicial Review: You could explore the possibility of a judicial review if there were procedural errors or misuse of justice.
Would you like more detailed information on either of these options?
they dismissed out of leave of time
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I'm sorry to hear about your situation. Here are some steps you can consider:
- Extension of Time: File an application to extend the time to appeal, explaining the reasons for the delay.
- Judicial Review: If there were procedural errors, you could request a judicial review.
Would you like more detailed information on how to file for an extension of time?
I'm sorry to hear about your situation. Here are some steps you can consider:
- Extension of Time: File an application to extend the time to appeal, explaining the reasons for the delay.
- Judicial Review: If there were procedural errors, you could request a judicial review.
Would you like more detailed information on how to file for an extension of time?
does judicial review have timeline
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Yes, judicial reviews have timelines. In Kenya, you generally have 6 months from the date of the decision to file for judicial review.
Would you like more detailed information on the judicial review process?
Yes, judicial reviews have timelines. In Kenya, you generally have 6 months from the date of the decision to file for judicial review.
Would you like more detailed information on the judicial review process?
judgement made in */*/* and knew about it on */*/* and since then have been battling in court with applications
Case Rating: *
It sounds like your case involves complex legal issues that may benefit from professional legal advice. Here are some steps you might consider:
- Judicial Review: You have 6 months from the date you knew about the judgment to file for a judicial review.
- Extension of Time: If you were unable to file within the specified timeline, you may apply for an extension explaining the delay.
Would you like more detailed guidance on either of these steps?
It sounds like your case involves complex legal issues that may benefit from professional legal advice. Here are some steps you might consider:
- Judicial Review: You have 6 months from the date you knew about the judgment to file for a judicial review.
- Extension of Time: If you were unable to file within the specified timeline, you may apply for an extension explaining the delay.
Would you like more detailed guidance on either of these steps?
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