the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 163Provided that no order shall be made against the Government under thisrule except upon an application by summons served not less than seven daysbefore the return day.[Subsidiary]8. Where the question in issue is a question of law and no facts aredisputed the court may decide the question without the trial of an issue.9. The applicant may be granted relief notwithstanding the fact thatthe titles of the claimants have not a common origin but are adverse to andindependent of one another.[Order 34, rule 8.]Questions of law.(Order 34, rule 9.]Adverse title ofclaimants.ORDER 35PROCEEDINGS BY AGREEMENT OF PARTIES1. (1) Parties claiming to be interested in the decision of any question offact or law may enter into an agreement in writing stating such question in theof the court with respect to such question—(acourt shall be paid by one of the parties to the other of them; or(bshall be delivered by one of the parties to the other of them; or(c) one or more of the parties shall do, or refrain from doing, some(2) Every case stated under this rule shall be divided into consecutivelynumbered paragraphs, and shall concisely state such facts and specify suchdocuments as may be necessary to enable the court to decide the questionraised thereby.2. Where the agreement is for the delivery of any property, or for thedoing or the refraining from doing, any particular act, the estimated value ofbe stated in the agreement.[Order 35, rule 1.]Power to state casefor court’s opinion.[Order 35, rule 2.]Where value ofsubject-matter mustbe stated.3. (1) The agreement, if framed in accordance with the rules hereinbeforea suit, the amount or value of the subject-matter of which is the same as theamount or value of the subject-matter of the agreement.suit between one or more of the parties claiming to be interested as plaintiff orplaintiffs, and the other or the others of them as defendant or defendants; andnotice shall be given to all the parties to the agreement, other than the party or[Order 35, rule 3.]and registered as suit.