the civil procedure act - Kenya Law Reports

142CAP. 21 Civil Procedure [Rev. 2010[Subsidiary]ORDER 24DEATH AND BANKRUPTCY OF PARTIES[Order 24, rule 1.]No abatement byparty’s death if rightsurvives.[Order 24, rule 2.]Procedure where oneof several plaintiffsor defendants diesand right to suesurvives.[Order 24, rule 3].]Procedure in caseof death of one ofseveral plaintiffs orof sole plaintiff.1. The death of a plaintiff or defendant shall not cause the suit to abateif the cause of action survives or continues.2. Where there are more plaintiffs or defendants than one, and any one ofthem dies, and where the cause of action survives or continues to the survivingplaintiff or plaintiffs alone or against the surviving defendant or defendantsalone, the court shall cause an entry to that effect to be made on the record,and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs,or against the surviving defendant or defendants.3. (1) Where one of two or more plaintiffs dies and the cause of actiondoes not survive or continue to the surviving plaintiff or plaintiffs alone, or asole plaintiff or sole surviving plaintiff dies and the cause of action survives orcontinues, the court, on an application made in that behalf, shall cause the legalrepresentative of the deceased plaintiff to be made a party and shall proceedwith the suit.(2) Where within one year no application is made under subrule (1),the suit shall abate so far as the deceased plaintiff is concerned, and, on theapplication of the defendant, the court may award to him the costs which hemay have incurred in defending the suit to be recovered from the estate of thedeceased plaintiff:Provided the court may, for good reason on application, extend the time.[Order 24, rule 4.]Procedure in caseof death of one ofseveral defendants orof sole defendant.4. (1) Where one of two or more defendants dies and the cause of actiondoes not survive or continue against the surviving defendant or defendantsalone, or a sole defendant or sole surviving defendant dies and the cause ofaction survives or continues, the court, on an application made in that behalf,shall cause the legal representative of the deceased defendant to be made a partyand shall proceed with the suit.(2) Any person so made a party may make any defence appropriate tohis character as legal representative of the deceased defendant.(3) Where within one year no application is made under subrule (1), thesuit shall abate as against the deceased defendant.[Order 24, rule 5.]Determination ofquestion as to legalrepresentative.[Order 24, rule 6.]5. Where a question arises as to whether any person is or is not the legalrepresentative of a deceased plaintiff, or a deceased defendant, such questionshall be determined by the court.