the civil procedure act - Kenya Law Reports

164[Subsidiary][Order 35, rule 4.]Parties to besubject to court’sjurisdiction.[Order 35, rule 5.]Hearing and disposalof case.CAP. 21 Civil Procedure [Rev. 2010parties by whom it is presented.to the jurisdiction of the court and shall be bound by the statements containedtherein.5. (1) The case shall be set down for hearing as a suit instituted in theordinary manner, and the provisions of Order 10B shall apply to such suit sofar as the same are applicable(a) that the agreement was duly executed by them;(b(cit shall proceed to pronounce judgment thereon, in the same way as in an ordinarysuit, and upon the judgment so pronounced a decree shall follow.ORDER 36SUMMARY PROCEDURE[Order 36, rule 1.]Summary judgment.1. (1) In all suits where a plaintiff seeks judgment for—(a) a liquidated demand with or without interest; or(b) the recovery of land, with or without a claim for rent or mesnedetermined by notice to quit or been forfeited for non-payment ofrent or for breach of covenant, or against persons claiming undersuch tenant or against a trespasser,apply for judgment for the amount claimed, or part thereof, and interest, or forrecovery of the land and rent or mesneor of some other person who can swear positively to the facts verifying thecause of action and any amount claimed.which notice shall in no case be less than seven days.[Order 36, rule 2.]Defendant may showcause.otherwise that he should have leave to defend the suit.