the civil procedure act - Kenya Law Reports

146[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010into court unless the defendant has applied by summons for an order disallowingthe plaintiff’s costs or any part thereof.(4) A plaintiff in an action for libel or slander who has accepted a paymentinto court may apply by summons for leave to make in open court a statementthe terms of which shall have been approved by the court.[Order 27, rule 3.]Money remaining incourt.[Order 27, rule 4.]Payment into whereseveral defendants.3. If money paid into court is not accepted in accordance with rule 2(1) the money remaining in court shall not be paid out except by consent or inpursuance of an order of the court, which may be made at any time before, at orafter the hearing of the suit; and where such an order is made the money shallnot be paid out except in satisfaction of the claim or cause or causes of actionin respect of which it was paid in.4. (1) Money may be paid into court under rule 1 by any of severaldefendants sued jointly or in the alternative upon notice to the other defendants.(2) If within fourteen days after receipt of notice of payment into courtthe plaintiff elects to accept the sum or sums paid into court, he shall give noticein Form No. 21 of Appendix A to each defendant.(3) Upon acceptance under subrule (2) all further proceedings in thesuit or in respect of the cause of action to which the payment relates, as thecase may be, shall be stayed, and the money shall not be paid out except inpursuance of an order of the court dealing with the whole costs of the suit orcause of action, as the case may be.(4) If in an action for libel or slander against several defendants suedjointly any defendant pays money into court, the plaintiff may within fourteendays elect to accept the payment in satisfaction of his claim against the defendantmaking the payment and shall give notice to all defendants in Form No. 21 ofAppendix A; and the plaintiff may proceed to judgment under rule 2 (3) againstthe defendant who has made such payment, and the action shall thereupon bestayed against that defendant.(5) The plaintiff may continue with the suit against any other defendant,but the sum paid into court shall be set off against any damages ordered to bepaid to the plaintiff by such defendant.[Order 27, rule 5.]Payment into on acounterclaim.[Order 27, rule 6.]payments into court.Cap. 36.5. A plaintiff or other person made a defendant to a counterclaim maypay money into court in accordance with the provisions of this Order subject6. (1) Unless a defence of tender before action or a plea under section 12of the Defamation Act is pleaded, the fact that a payment into court has beenmade under this Order shall not be mentioned in any pleading.(2) Subject to rule 3, no communication of such fact may be made tothe judge until all questions of liability and the amount of the debt or damagesshall have been decided, whereupon the fact shall be mentioned to the judgewho shall take into account the amount of such payment in exercising his