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 the timeof pronouncing it.(3) A judgment once signed shall not afterwards be altered or added tosave as provided by section 99 of the 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 thecase, the points for determination, the decision thereon, and the reasons forsuch decision.5. In suits in which issues have been framed, the court shall state its6. Where there is a prayer for a judgment the grant of which would resultin some alteration to the title of land registered under any written law concerningthe court before any such judgment is delivered.7. (1) The decree shall agree with the judgment; it shall contain thenumber of the suit, the names and descriptions of the parties, and particularsof the claim, and shall specify clearly the relief granted or other determinationof the suit.(2) The decree shall also state by whom or out of what property or inwhat proportion the costs incurred in the suit are to be paid.(3) The court may direct that the costs payable to one party by the othershall be set-off against any sum which is admitted or found to be due from theformer to the latter.[Order 21, rule 8.]Preparation anddating of decrees andorders.8. (1) A decree shall bear the date of the day on which the judgmentwas delivered.(2) Any party in a suit in the High Court may prepare a draft decree andsubmit it for the approval of the other parties to the suit, who shall approve itwith or without amendment, or reject it, without undue delay; and if the draftthat it is drawn up in accordance with the judgment, shall sign and seal thedecree accordingly.(3) If no approval of or disagreement with the draft decree is receivedwithin seven days after delivery thereof to the other parties, the registrar, onup in accordance with the judgment, shall sign and seal the decree accordingly.same in chambers before the judge who heard the case or, if he is not available,before any other judge, and shall give notice thereof to the parties.
Rev. 2010] Civil Procedure CAP. 21 115(5) The provisions of sub-rules 2, 3 and 4 shall apply to a subordinatecourt and reference to the registrar and judge in the subrules shall refer tomagistrate.(6) Any order, whether in the High Court or in a subordinate court,which is required to be drawn up, shall be prepared and signed in like manneras a decree.(7) Nothing in this rule shall limit the power of the court to approve adraft decree at the time of pronouncing judgment in the suit, or the power ofthe court to approve a draft order at the time of making the order.[Subsidiary]9. (1) Where the amount of costs has been—(a) agreed between the parties;(b[Order 21, rule 9.]Costs.Sub-Leg Cap. 16.(c (Remuneration) Order; or(d) taxed by the court,the amount of costs may be stated in the decree or order.(2) In all other cases, and where the costs have not in fact been stated inthe decree or order in accordance with subrule (1), after the amount of the costsSub-Leg Cap. 16.paragraph 10 of the Advocates (Remuneration) Order.10. Where the subject-matter of the suit is immovable property, thein a government record or survey, the decree shall specify such boundaries ornumbers.[Order 21, rule 10.]Decree for recoveryof immovableproperty.11. Where the suit is in respect of movable property, and the decree is forthe delivery of such property, the decree shall also state the amount of moneyto be paid as an alternative if delivery cannot be had.[Order 21, rule 11.]Decree for deliveryof movable property.12. (1) Where and in so far as a decree is for the payment of money,that payment of the amount decreed shall be postponed or shall be made byinstalments, with or without interest, notwithstanding anything contained inthe contract under which the money is payable.(2) After passing of any such decree, the court may on the application of[Order 21, rule 12.]Decree maydirect payment byinstalments.
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