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the civil procedure act - Kenya Law Reports

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Rev. 2010] Civil Procedure CAP. 21 113some preliminary question to be tried, an order for <strong>the</strong> proper accounts with allnecessary inquiries and directions usual in similar cases shall forthwith be made.counterclaim which includes a claim for an account or a claim which necessarilyinvolves taking an account, on—[Subsidiary][Order 20, rule 2.]Order for accounts oncounterclaim.(a) <strong>the</strong> plaintiff;(b) any o<strong>the</strong>r party; or(c) any person who becomes a party by virtue of such service,may apply for an order under this rule.3. An application for such order as is mentioned in rule 1 and 2 shall bean account; and such application may be made at any time after <strong>the</strong> time forentering an appearance has expired.is some preliminary question to be tried, order that an account be taken and may[Order 20, rule 3.]Procedure.[Order 20, rule 4.]Orders by court.ORDER 21JUDGMENT AND DECREE1. In suits where a hearing is necessary, <strong>the</strong> court, after <strong>the</strong> case hasbeen heard, shall pronounce judgment in open court, ei<strong>the</strong>r at once or withinsixty days from <strong>the</strong> conclusion of <strong>the</strong> trial notice of which shall be given to <strong>the</strong>parties or <strong>the</strong>ir advocates.[Order 21, rule 1.]Judgment, whenpronounced.Provided that where judgment is not given within sixty days <strong>the</strong> judgeshall record reasons <strong>the</strong>reof copy of which shall be forwarded to <strong>the</strong> Chief2. (1) A judge may pronounce a judgment written and signed but notpronounced by his predecessor.(2) A judge of <strong>the</strong> High Court may pronounce a judgment written andsigned but not pronounced by ano<strong>the</strong>r judge of <strong>the</strong> High Court.3. (1) A judgment pronounced by <strong>the</strong> judge who wrote it shall be datedand signed by him in open court at <strong>the</strong> time of pronouncing it.(2) A judgment pronounced by a judge o<strong>the</strong>r than <strong>the</strong> judge by whom it[Order 21, rule 2.]Power to pronouncejudgment written byano<strong>the</strong>r judge.[Order 21, rule 3.]Judgment to besigned.

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