the civil procedure act - Kenya Law Reports

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178CAP. 21 Civil Procedure [Rev. 2010[Subsidiary]each such memorandum shall be date-stamped with the date on which it wasdispute as to the amount of the fee payable.[Order 42, rule 11.]Directions undersection 79B.[Order 42, rule 12.]Service ofmemorandum.[Order 42, rule 13.]Directions beforehearing.the matter to be listed before a judge for directions under section 79B of the Act.12. After the refusal of a judge to reject the appeal under section 79B ofthe Act, the registrar shall notify the appellant who shall serve the memorandumof appeal on every respondent within seven days of receipt of the notice fromthe registrar.13. (1) On notice to the parties delivered not less than twenty-one daysafter the date of service of the memorandum of appeal the appellant shall causethe appeal to be listed for the giving of directions by a judge in chambers.(2) Any objection to the jurisdiction of the appellate court shall be raisedbefore the judge before he gives directions under this rule.(3) The judge in chambers may give directions concerning the appealgenerally and in particular directions as to the manner in which the evidenceand exhibits presented to the court below shall be put before the appellate courtand as to the typing of any record or part thereof and any exhibits or othernecessary documents and the payment of the costs of such typing whether inadvance or otherwise.(4) Before allowing the appeal to go for hearing the judge shall beof them as are not in the possession of either party have been served on thatparty, that is to say:(a) the memorandum of appeal;(b) the pleadings;(c) the notes of the trial magistrate made at the hearing;(d recording or palantypist notes made at the hearing;(ebefore the magistrate;(f) the judgment, order or decree appealed from, and, where appropriate,the order (if any) giving leave to appeal:Provided that—
Rev. 2010] Civil Procedure CAP. 21 179(i) a translation into English shall be provided of any documentnot in that language;(ii) the judge may dispense with the production of any documentor part of a document which is not relevant, other than thosea), (b) and (f).[Subsidiary]14. (1) At any time after the memorandum of appeal has been served thecourt, in its discretion, may order the appellant to give security for the wholeor any part of the costs of such appeal.[Order 42, rule 14.]Security for costs.shall order the giving of security for the whole or part of the costs of the appealwithin a time to be limited in the order.(3) If security for costs is not given within the time ordered the courtmay dismiss the appeal.15. (1) When a memorandum of appeal is lodged the court to whichsuch appeal is preferred shall send notice of the appeal to the court from whosedecree the appeal is preferred.(2) The court receiving such notice shall send with all practicable despatchall material papers in the suit, or such papers as may be specially called for bythe court to which such appeal is preferred.[Order 42, rule 15.]Notice to be givenwhere decreeappealed from.(3) Either party may on application and upon payment of the requisitecharges obtain copies of any such papers as aforesaid16. (1) Any party to an appeal who does not intend to appear in personthat effect and lodge written submissions of the arguments in support of or inopposition to the appeal, as the case may be and shall, within seven days afterlodging the submission serve a copy thereof on the other party or on each otherparty appearing in person or separately represented.(2) A party who has lodged written submissions under this rule may, withleave of the court, address the court at the hearing of the appeal.[Order 42 rule 16.]Filing declaration andwritten submissions.the respondent or on his advocate in the manner provided for under Order 5.[Order 42, rule 17.]Service of hearingnotice.18. The notice to the respondent shall declare that, if he does not appearmay be heard ex parte.[Order 42, rule 18.]Contents of notice.be adjourned, the appellant shall be heard in support of the appeal.[Order 42, rule 19.]Right to begin.
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