the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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Rev. 2010] Civil Procedure CAP. 21 167<strong>the</strong> contr<strong>act</strong> of sale (not being a question affecting <strong>the</strong> existence or validity of<strong>the</strong> contr<strong>act</strong>).[Subsidiary]4. Any mortgagee or mortgagor, whe<strong>the</strong>r legal or equitable, or any personentitled to or having property subject to a legal or equitable charge, or any personhaving <strong>the</strong> right to foreclose or redeem any mortgage, whe<strong>the</strong>r legal or equitable,may take out as of course an originating summons, returnable before <strong>the</strong> judgein chambers, for such relief of <strong>the</strong> nature or kind following as may be by <strong>the</strong>to say, sale, foreclosure, delivery of possession by <strong>the</strong> mortgagor, redemption,reconveyance, delivery of possession by <strong>the</strong> mortgagee.[Order 37, rule 4.]Summons bya mortgagee,mortgagor ando<strong>the</strong>rs.5. An application under section 116 of <strong>the</strong> Government Lands Act orsection 57 of <strong>the</strong> Registration of Titles Act shall be made by originating summonsunless <strong>the</strong>re is pending a suit involving <strong>the</strong> same lands when <strong>the</strong> applicationmay be made by summons in that suit.6. (1) An application under section 27 of <strong>the</strong> Limitation of Actionsex parte by originating summons[Order 37, rule 5.]Caveats.Cap. 280 and Cap.281.[Order 37, rule 6.]Extension oflimitation period.exparte in that suit.7. (1) An application under section 38 of <strong>the</strong> Limitation of Actions Actshall be made by originating summons.[Order 37, rule 7.]Adverse possession.extr<strong>act</strong> of <strong>the</strong> title to <strong>the</strong> land in question has been annexed.(3) The court shall direct on whom and in what manner <strong>the</strong> summonsshall be served.8. An application under <strong>the</strong> Registered Land Act o<strong>the</strong>r than under sections120, 128, 133, 138, 143 and 150 <strong>the</strong>reof shall be made by originating summonsunless <strong>the</strong>re is pending a suit involving <strong>the</strong> same lands when <strong>the</strong> applicationmay be made in that suit.[Order 37, rule 8.]Application under <strong>the</strong>Registered Land Act.Cap. 300.9. An application under section 9 of <strong>the</strong> Chattels Transfer Act shall bemade by originating summons ex parte<strong>the</strong> grounds relied upon.10. When <strong>the</strong> existence of a partnership, or <strong>the</strong> right to a partnership,or his representatives may take out an originating summons returnable before<strong>the</strong> judge sitting in chambers against his partners or former partners or <strong>the</strong>irrepresentatives (if any) for <strong>the</strong> purpose of having <strong>the</strong> partnership dissolved (ifit be still subsisting) and for <strong>the</strong> purpose of taking <strong>the</strong> accounts of and windingup such partnership.[Order 38, rule 9.]Application underChattels Transfer Act.Cap. 28.[Order 37, rule 10.]Summons bya member of apartnership.