the civil procedure act - Kenya Law Reports

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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and anydefendant may apply at the hearing for the costs of any part of the claim againsthim which has been withdrawn.4.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.
Rev. 2010] Civil Procedure CAP. 21 1455. (1) If security for costs is not given within the time ordered and if theplaintiff is not permitted to withdraw the suit, the court shall, upon application,dismiss the suit.[Subsidiary][Order 26, rule 5.]Effect of failure togive security.(2) If a suit is dismissed under subrule (1) and the plaintiff proves thatthe court may set aside the order dismissing the suit and extend the time forgiving the required security.6. (1) Where security by payment has been ordered, the party orderedjoint names of himself and the defendant or in the names of their respectiveadvocates when advocates are acting.[Order 26, rule 6.]Investment ofsecurity.ORDER 27PAYMENT INTO COURT AND TENDER1. (1) In any suit for a debt or damages any defendant may at any timeafter appearance upon notice to the plaintiff pay into court a sum of money insatisfaction of the claim or (where several causes of action are joined in onesuit) in satisfaction of one or more of the causes of action.[Order 27, rule 1.]Payment into court.(2) Where money is paid into court in satisfaction of one or more ofseveral causes of action the notice shall specify the causes of action in respectof which payment is made and the sum paid in respect of each such cause ofaction unless the registrar or, in a subordinate court, presiding magistrate,otherwise orders.or withdrawn or delivered in an amended form by leave of the registrar or, in asubordinate court, the presiding magistrate, upon such terms as are just exceptthat the defendant may, without leave deliver a notice increasing the amountof any sum paid into court, which shall be in Form No. 20 of Appendix A.2. (1) Where money is paid into court under rule 1 the plaintiff may,within fourteen days of the receipt of notice thereof, or where more than onepayment has been made, within fourteen days of the receipt of notice of the lastin satisfaction of different causes of action by giving notice to the defendantin Form No. 21 of Appendix A and thereupon he shall be entitled to receivepayment accordingly.(2) Payment shall be made to the plaintiff or to his advocate, andthereupon proceedings in the suit or in respect of the cause or causes of actionto which the payment relates shall be stayed.(3) The registrar shall, if so requested in writing not less than fourteendays after delivery to the defendant of the notice in Form No. 21 of AppendixA, give judgment for the plaintiff’s costs incurred up to the time of payment[Order 27, rule 2.]Acceptance ofpayment.
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