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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176[Subsidiary][Order 42, rule 2.]Filing of decree ororder.[Order 42, rule 3.]Amendment ofmemorandum ofappeal.[Order 42, rule 4.]Grounds which maybe taken in appeal.CAP. 21 Civil Procedure [Rev. 2010heads <strong>the</strong> grounds of objection to <strong>the</strong> decree or order appealed against, withoutany argument or narrative, and such grounds shall be numbered consecutively.as soon as possible and in any event within such time as <strong>the</strong> court may order,and <strong>the</strong> court need not consider whe<strong>the</strong>r to reject <strong>the</strong> appeal summarily under3. (1) The appellant may amend his memorandum of appeal without leaveat any time before <strong>the</strong> court gives directions under rule 13.(2) After <strong>the</strong> time limited by subrule (1) <strong>the</strong> court may, on application,permit <strong>the</strong> appellant to amend his memorandum of appeal.4. The appellant shall not, except with leave of <strong>the</strong> court, urge or beheard in support of any ground of objection not set forth in <strong>the</strong> memorandum<strong>the</strong> grounds of objection set forth in <strong>the</strong> memorandum of appeal or taken byleave of <strong>the</strong> court under this rule:Provided that <strong>the</strong> High Court shall not rest its decision on any o<strong>the</strong>r opportunity of contesting <strong>the</strong> case on that ground.[Order 42, rule 5.]One of severalplaintiffs ordefendants mayobtain reversal ofwhole decree whereit proceeds on groundcommon to all.[Order 42, rule 6.]Stay in case ofappeal.5. Where <strong>the</strong>re is more than one plaintiffs or defendants than one in asuit, and <strong>the</strong> decree appealed from proceeds on any ground common to all <strong>the</strong>plaintiffs or to all <strong>the</strong> defendants, any one of <strong>the</strong> plaintiffs or of <strong>the</strong> defendantsmay appeal from <strong>the</strong> whole decree, and <strong>the</strong>reupon <strong>the</strong> High Court may reverse orvary <strong>the</strong> decree in favour of all <strong>the</strong> plaintiffs or defendants, as <strong>the</strong> case may be.6.(1) No appeal or second appeal shall operate as a stay of execution orproceedings under a decree or order appealed from except in so far as <strong>the</strong> courtorder stay of execution of such decree or order, and whe<strong>the</strong>r <strong>the</strong> application forsuch stay shall have been granted or refused by <strong>the</strong> court appealed from, <strong>the</strong>court to which such appeal is preferred shall be at liberty, on application beingmade, to consider such application and to make such order <strong>the</strong>reon as may toit seem just, and any person aggrieved by an order of stay made by <strong>the</strong> courtfrom whose decision <strong>the</strong> appeal is preferred may apply to <strong>the</strong> appellate courtto have such order set aside.(2) No order for stay of execution shall be made under subrule (1)unless—(aunless <strong>the</strong> order is made and that <strong>the</strong> application has been madewithout unreasonable delay; and