the civil procedure act - Kenya Law Reports

180CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](2) The court shall then, if it does not dismiss the appeal at once, hear therespondent against the appeal, and in such case the appellant shall be entitledto reply.[Order 42, rule 20.]Dismissal of appealfor appellant’sdefault.may be adjourned, the appellant does not appear when the appeal is called onan order that the appeal be dismissed.(2) Where the appellant appears, and the respondent does not appear andex parte.[Order 42, rule 21.]Re-admission ofappeal dismissed fordefault.[Order 42, rule 22.]Power to adjournhearing and directinterestedpersonstobe made respondents.[Order 42, rule 23.]Re-hearing onapplication ofrespondent againstwhom ex partedecree made.[Order 42, rule 24.]Remand of cases.[Order 42, rule 25.]Where evidence onappellate court maydetermine case[Order 42, rule 26.]Power to order new21. Where an appeal is dismissed under rule 20, the appellant may applyto the court to which such appeal is preferred for the re- admission of the appeal;appearing when the appeal was called on for hearing, the court shall re-admit22. Where it appears to the court at the hearing that any person whowas a party to the suit in the court from whose decree the appeal is preferred,but who has not been made a party to the appeal, is interested in the result ofcourt and direct that such person be made a respondent.23. Where an appeal is heard ex parte and judgment is pronounced againstthe respondent, he may apply to the court to which the appeal is preferred to re-was called on for hearing, the court shall re-hear the appeal on such terms as24. Where the court from whose decree an appeal is preferred hasdisposed of the suit upon a preliminary point, and the decree is reversed onremand the case, and may further direct what issue or issues shall be tried inthe case so remanded, and shall send a copy of its judgment and order to thecourt from whose decree the appeal is preferred, with directions to re-admitthe suit under its original number in the register of civil suits, and proceed todetermine the suit; and the evidence, if any, recorded during the original trialshall, subject to all just exceptions, be evidence during the trial after remand.to which the appeal is preferred to pronounce judgment, the court to which thethe suit, notwithstanding that the judgment of the court from whose decree theappeal is preferred has proceeded wholly upon some ground other than that onwhich the court to which the appeal is preferred proceeds.26. If upon the hearing of an appeal it shall appear to the court to whichthe appeal is preferred that a new trial ought to be had, it shall be lawful for