the civil procedure act - Kenya Law Reports

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154[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010Provided that, in the case of a partnership which has been dissolved to theknowledge of the plaintiff before the institution of the suit, the summons shall[Order 30, rule 4.]Notice in whatcapacity served.[Order 30, rule 5.]Appearance ofpartners.[Order 30, rule 6.]No appearanceexcept by partners.[Order 30, rule 7.]Appearance in actionprovided by rule 3, every person upon whom it is served shall be informedby notice in writing given at the time of such service, whether he is served asa partner or as a person having the control or management of the partnershipbusiness, or in both characters, and, in default of such notice, the person servedshall be deemed to be served as a partner.shall appear individually in their own names, but all subsequent proceedings6. Where a summons is served in the manner provided by rule 3, upona person having the control or management of the partnership business, no7.(1) Any person served as a partner under rule 3 but who denies that hewas a partner or liable as such at any material time may enter an appearance(2) If an appearance is so entered—(a) the plaintiff may apply to set it aside on the ground that the personentering it was a partner or liable as such, or may leave that questionto be determined at a later stage of the proceedings; or(b) the person entering the appearance may apply to set aside the serviceon him on the ground that he was not a partner or liable as such;or he may at the proper time deliver a defence denying either orboth—(i) his liability as a partner;(3) An order may on the application of either party at any time be madethat the questions as to the liability of the person served and the liability of the[Order 30, rule 8.]and partners.common; but no execution shall be issued in such suits except by leave of the
Rev. 2010] Civil Procedure CAP. 21 155court, and, on an application for leave to issue such execution, all such accountsand inquiries may be directed to be taken and made and such directions givenas may be just.[Subsidiary]9. Any person carrying on business in a name or style other than hisfar as the nature of the case will permit, all rules under this Order shall apply.ORDER 31[Order 30, rule 9.]Suit against personscarrying on businessin name other thanhis own.SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS1. In all suits concerning property vested in a trustee, executor orin such property and a third person, the trustee, executor or administrator shallrepresent the persons so interested, and it shall not ordinarily be necessary toany of them to be made parties.2. Where there are several trustees, executors or administrators, theyshall all be made parties to a suit against one or more of them:Provided that the executors who have not proved their testator’s will, and[Order 31, rule 1.]Representation ofconcerning propertyvested in trustees.[Order 31, rule 2.]Joinder of trustees,executors andadministrators.ORDER 32SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND1. (1) Every suit by a minor shall be instituted in his name by a personwho in such suit shall be called the next friend of the minor.(2) Before the name of any person shall be used in any action as nextfriend of any infant where the suit is instituted by an advocate, such personshall sign a written authority to the advocate for that purpose, and the authority2. (1) Where a suit is instituted by or on behalf of a minor without a nextfriend the defendant may apply to have the suit dismissed with costs to be paidby the advocate or other person by whom it was presented.(2) Notice of such application shall be given to such person, and thecourt, after hearing his objections (if any), may make such order in the matterthe fact of his minority, shall appoint a proper person to be guardian ad litemof such minor.[Order 32, rule 1.]Minor to sue by nextfriend.[Order 32, rule 2.]Where suit isinstituted withoutnext friend.[Order 32, rule 3.]Guardian ad litem.
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