the civil procedure act - Kenya Law Reports

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102[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010ORDER 12HEARING AND CONSEQUENCE OF NON-ATTENDANCE[Order 12, rule 1.]When neither partyattends.[Order 12, rule 2.]When only plaintiffattends.hearing outside the court, neither party attends, the court may dismiss the suit.(a) that notice of hearing was duly served, it may proceed ex parte;(b) that notice of hearing was not duly served, it shall direct a secondnotice to be served; or(cto attend, it shall postpone the hearing.[Order 12, rule 3.]When only defendantattends.for hearing outside the court, only the defendant attends and he admits no partof the claim, the suit shall be dismissed except for good cause to be recordedby the court.(2) If the defendant admits any part of the claim, the court shall givejudgment against the defendant upon such admission and shall dismiss thesuit so far as it relates to the remainder except for good cause to be recordedby the court.(3) If the defendant has counterclaimed, he may prove his counterclaimso far as the burden of proof lies on him.[Order 12, rule 4.]When some only ofplaintiffs attend.[Order 12, rule 5]When some only ofdefendants attend.[Order 12, rule 6]Effect of dismissal.4. If only some of the plaintiffs attend, the court may either proceed withthe suit or make such other order as may be just.5. If only some of the defendants attend, the court may proceed with thesuit and may give such judgment as is just in respect of the defendants whohave not attended.6. (1) Subject to subrule (2) and to any law of limitation of actions,where a suit is dismissed under this Order the plaintiff may bring a fresh suit.(2) When a suit has been dismissed under rule 3 no fresh suit may bebrought in respect of the same cause of action.[Order 12, rule 7.]Setting asidejudgment ordismissal.7. Where under this Order judgment has been entered or the suit hasbeen dismissed, the court, on application, may set aside or vary the judgmentor order upon such terms as may be just.
Rev. 2010] Civil Procedure CAP. 21 103ORDER 13[Subsidiary]ADMISSIONS1. Any party to a suit may give notice by his pleading, or otherwise inwriting, that he admits the truth of the whole or part of the case of any other party.2. Any party may at any stage of a suit, where admission of facts hasbeen made, either on the pleadings or otherwise, apply to the court for suchjudgment or order as upon such admissions he may be entitled to, withoutwaiting for the determination of any other question between the parties; andthe court may upon such application make such order, or give such judgment,as the court may think just.[Order 13, rule 1.]Notice of admissionof case.(Order 13, rule 2.]Judgment onadmissions.ORDER 14PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS1. (1) Subject to subrule (2), there shall be endorsed on every documentwhich has been admitted in evidence in the suit the following particulars—(a) the number and title of the suit;[Order 14, rule 1.]Endorsements ondocuments admittedin evidence.(b) the party producing the document; the date on which it wasproduced; and(ccourt.(2) Where a document so admitted is an entry in a book, account orrecord, and a copy thereof has been substituted for the original under rule 2,the particulars aforesaid shall be endorsed on the copy, and the endorsementunder his direction.2. (1) Save in so far as is otherwise provided by any law relating tothe production in evidence of bankers’ books, where a document admitted inevidence in the suit is an entry in a letter-book or a shop- book or other accountin current use, the party on whose behalf the book or account is produced mayfurnish a copy of the entry.(2) Where such a document is an entry in a public record produced fromto a person other than a party on whose behalf the book or account is produced,the court may require a copy of the entry to be furnished—(a) where the record, book, or account is produced on behalf of a party,then by that party; or(b) where the record, book, or account is produced in obedience to[Order 14, rule 2.]Endorsements oncopies of admittedentries in books,accounts, andrecords.
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