the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 105the application of any of the parties to a suit, send for, either from its ownrecords, or from any other court, the record of any other suit or proceedingand inspect the same.[Subsidiary]Court may send forrecords of its own orof other Court.(2) Every application made under this rule shall (unless the court material to the suit in which the application is made, and that the applicantcannot without unreasonable delay or expense obtain a duly authenticated copyof the record or of such portion thereof as the applicant requires, or that theproduction of the original is necessary for the purposes of justice.(3) Nothing contained in this rule shall be deemed to enable the courtto use in evidence any document which under the law of evidence would beinadmissible in the suit.7. The provisions herein contained as to documents shall, so far as maybe, apply to all other material objects producible as evidence.ORDER 15[Order 14, rule 7.]Provisions as todocuments applied tomaterial objects.ISSUESby the one party and denied by the other.[Order 15, rule 1.]Framing of issues.(2) Issues are of two kinds—(a) issues of fact; and(b) issues of law.(3) Material propositions are those propositions of law or fact which aplaintiff must allege in order to show a right to sue or a defendant must allegein order to constitute a defence.other shall form the subject of a distinct issue.2. The court may frame the issues from all or any of the followingmaterials—(a) allegations made on oath by the parties, or by any persons presenton their behalf, or made by the advocates of such parties;[Order 15, rule 2]Materials fromwhich issues may beframed.(b) allegations made in the pleading or in answers to interrogatoriesdelivered in the suit;(c) the contents of documents produced by either party.