the civil procedure act - Kenya Law Reports

144[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010by all the parties.(2) Where a suit has been set down for hearing the court may grant theplaintiff leave to discontinue his suit or to withdraw any part of his claim upon(3) The provisions of this rule and rule 1 shall apply to counterclaims.[Order 25, rule 3.]Costs.[Order 25, rule 4.]Stay of subsequentsuit.[Order 25, rule 5.]Compromise of asuit.3. Upon request in writing by any defendant the registrar shall signjudgment for the costs of a suit which has been wholly discontinued, and anydefendant may apply at the hearing for the costs of any part of the claim againsthim which has been withdrawn.4. If any subsequent suit shall be brought before payment of the costs ofa discontinued suit, upon the same, or substantially the same cause of action,the court may order a stay of such subsequent suit until such costs shall havebeen paid.5. (1) Where it is proved to the satisfaction of the court, and the court afterhearing the parties directs, that a suit has been adjusted wholly or in part by anyin respect of the whole or any part of the subject-matter of the suit, the courtshall, on the application of any party, order that such agreement, compromiseor satisfaction be recorded and enter judgment in accordance therewith.(2) The Court, on the application of any party, may make any furtherorder necessary for the implementation and execution of the terms of the decree.ORDER 26SECURITY FOR COSTS[Order 26, rule 1.]Security for costs.[Order 26, rule 2.]Application beforedefence.[Order 26, rule 3.]Where two or moredefendants.[Order 26, rule 4.]Claims by nonresidentplaintiff.1. In any suit the court may order that security for the whole or anypart of the costs of any defendant or third or subsequent party be given by anyother party.the defence together with a statement of the deponent’s belief in the truth ofthe facts alleged.3. Where it appears to the court that the substantial issue is which oftwo or more defendants is liable or what proportion of liability two or moredefendants should bear no order for security for costs may be made.founded on a bill of exchange or other negotiable instrument or on a judgmentor order of a foreign court, any order for security for costs shall be in thediscretion of the court.