the civil procedure act - Kenya Law Reports

12 CAP. 21 Civil Procedure[Rev. 2010Explanation.(4)—Any matter which might and ought to have beenmade ground of defence or attack in such former suit shall be deemedto have been a matter directly and substantially in issue in such suit.Explanation. (5)—Any relief claimed in a suit, which is notexpressly granted by the decree shall, for the purposes of this section,be deemed to have been refused.Explanationpublic right or of a private right claimed in common for themselves andothers, all persons interested in such right shall, for the purposes of thissection, be deemed to claim under the persons so litigating.Bar to further suit.When foreignjudgment notconclusive.10 of 1969, Sch.8. Where a plaintiff is precluded by rules from instituting a furthersuit in respect of any particular cause of action, he shall not be entitledto institute a suit in respect of that cause of action.9. A foreign judgment shall be conclusive as to any matter therebydirectly adjudicated upon between the same parties or between partiesunder whom they or any of them claim, litigating under the same title,except—(a) where it has not been pronounced by a court of competentjurisdiction;(b) where it has not been given on the merits of the case;(c) where it appears on the face of the proceedings to be foundedon an incorrect view of international law or a refusal toapplicable;(d) where the proceedings in which the judgment was obtainedare opposed to natural justice;(e) where it has been obtained by fraud;(f) where it sustains a claim founded on a breach of any law in10. (Repealed by 46 of 1963, 2nd Sch.).Place of SuingCourt in which suit tobe instituted.19 of 1964, Sch.11. Every suit shall be instituted in the court of the lowest gradecompetent to try it, except that where there are more subordinate courtsthan one with jurisdiction in the same district competent to try it, a