the civil procedure act - Kenya Law Reports

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10 CAP. 21 Civil Procedure[Rev. 2010been passed or an order capable of execution has been made; the estate of a deceased person, and where a party sues or is sued in arepresentative character the person on whom the estate devolves on thedeath of the party so suing or sued;the person in wrongful possession of such property actually received ormight with ordinary diligence have received therefrom, together withmade by the person in wrongful possession;which is not a decree, and includes a rule nisi;“writing of the claim or demand of any plaintiff, and of the defence ofany defendant thereto, and of the reply of the plaintiff to any defenceor counterclaim of a defendant;regulate the procedure of courts; debentures and bonds;prescribed.Saving of specialjurisdiction andpowers.Saving of inherent3. in this Act shall limit or otherwise affect any special jurisdiction orpower conferred, or any special form or procedure prescribed, by orunder any other law for the time being in force.3A. Nothing in this Act shall limit or otherwise affect the inherent
Rev. 2010] Civil Procedure CAP. 21 11power of the court to make such orders as may be necessary for the endsof justice or to prevent abuse of the process of the court.4. Save in so far as is otherwise expressly provided, nothing hereincontained shall operate to give any court jurisdiction over suits theamount or value of the subject-matter of which exceeds the pecuniarylimits, if any, of its ordinary jurisdiction.powers of court.Pecuniaryjurisdiction.PART II—SUITS IN GENERALJurisdiction of Courts5. Any court shall, subject to the provisions herein contained, havejurisdiction to try all suits of a civil nature excepting suits of which itscognizance is either expressly or impliedly barred.6. No court shall proceed with the trial of any suit or proceedingin which the matter in issue is also directly and substantially in issue ina previously instituted suit or proceeding between the same parties, orbetween parties under whom they or any of them claim, litigating underthe same title, where such suit or proceeding is pending in the same orCourts to try all civilsuits unless barred.Stay of suit.10 of 1969, Sch.Explanation.—The pendency of a suit in a foreign court shall notpreclude a court from trying a suit in which the same matters or any ofthem are in issue in such suit in such foreign court.7. No court shall try any suit or issue in which the matter directlyand substantially in issue has been directly and substantially in issue ina former suit between the same parties, or between parties under whomthey or any of them claim, litigating under the same title, in a courtcompetent to try such subsequent suit or the suit in which such issueby such court.Explanation which has been decided before the suit in question whether or not itwas instituted before it.Explanation.(2)—For the purposes of this section, the competenceof a court shall be determined irrespective of any provision as to rightof appeal from the decision of that court.Explanation. (3)—The matter above referred to must in the formersuit have been alleged by one party and either denied or admitted,expressly or impliedly, by the other.Res judicata.L.N. 22/1984.
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