the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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114[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010was written shall be dated and countersigned by him in open court at <strong>the</strong> timeof pronouncing it.(3) A judgment once signed shall not afterwards be altered or added tosave as provided by section 99 of <strong>the</strong> Act or on review.[Order 21, rule 4.]Contents ofjudgment.[Order 21, rule 5.]Court to state itsdecision on eachissue.[Order 21, rule 6.]Judgment affectingregistered title toland.[Order 21, rule 7.]Contents of decree.4. Judgments in defended suits shall contain a concise statement of <strong>the</strong>case, <strong>the</strong> points for determination, <strong>the</strong> decision <strong>the</strong>reon, and <strong>the</strong> reasons forsuch decision.5. In suits in which issues have been framed, <strong>the</strong> court shall state its6. Where <strong>the</strong>re is a prayer for a judgment <strong>the</strong> grant of which would resultin some alteration to <strong>the</strong> title of land registered under any written law concerning<strong>the</strong> court before any such judgment is delivered.7. (1) The decree shall agree with <strong>the</strong> judgment; it shall contain <strong>the</strong>number of <strong>the</strong> suit, <strong>the</strong> names and descriptions of <strong>the</strong> parties, and particularsof <strong>the</strong> claim, and shall specify clearly <strong>the</strong> relief granted or o<strong>the</strong>r determinationof <strong>the</strong> suit.(2) The decree shall also state by whom or out of what property or inwhat proportion <strong>the</strong> costs incurred in <strong>the</strong> suit are to be paid.(3) The court may direct that <strong>the</strong> costs payable to one party by <strong>the</strong> o<strong>the</strong>rshall be set-off against any sum which is admitted or found to be due from <strong>the</strong>former to <strong>the</strong> latter.[Order 21, rule 8.]Preparation anddating of decrees andorders.8. (1) A decree shall bear <strong>the</strong> date of <strong>the</strong> day on which <strong>the</strong> judgmentwas delivered.(2) Any party in a suit in <strong>the</strong> High Court may prepare a draft decree andsubmit it for <strong>the</strong> approval of <strong>the</strong> o<strong>the</strong>r parties to <strong>the</strong> suit, who shall approve itwith or without amendment, or reject it, without undue delay; and if <strong>the</strong> draftthat it is drawn up in accordance with <strong>the</strong> judgment, shall sign and seal <strong>the</strong>decree accordingly.(3) If no approval of or disagreement with <strong>the</strong> draft decree is receivedwithin seven days after delivery <strong>the</strong>reof to <strong>the</strong> o<strong>the</strong>r parties, <strong>the</strong> registrar, onup in accordance with <strong>the</strong> judgment, shall sign and seal <strong>the</strong> decree accordingly.same in chambers before <strong>the</strong> judge who heard <strong>the</strong> case or, if he is not available,before any o<strong>the</strong>r judge, and shall give notice <strong>the</strong>reof to <strong>the</strong> parties.