the civil procedure act - Kenya Law Reports

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182[Subsidiary]Preparation andcontents of decree.[Order 42, rule 34.]decree to be sent tocourt whose decreeappealed from.[Order 42, rule 35.]Dismissal for want ofprosecution.CAP. 21 Civil Procedure [Rev. 2010dated, drawn up, sealed and signed as directed by rules 7, 8 and 9 of Order 21suit, and an entry of the judgment of the court to which the appeal is preferredshall be made in the register of civil suits.35. (1) Unless within three months after the giving of directions under rule13 the appeal shall have been set down for hearing by the appellant, therespondent shall be at liberty either to set down the appeal for hearingor to apply by summons for its dismissal for want of prosecution.(2) If, within one year after the service of the memorandum of appeal,the appeal shall not have been set down for hearing, the registrar shall on noticeto the parties list the appeal before a judge in chambers for dismissal.ORDER 43APPEALS FROM ORDERS[Order 43, rule 1.]Appeals from Orders.1. (1) An appeal shall lie as of right from the following Orders and rulesunder the provisions of section 75 (1) (h) of the Act—(a) Order 1 (parties to suits);(b) Order 2 (pleadings generally);(c) Order 3 (frame and institution of suit);(d) Order 4, rule 9 (return of plaint);(e) Order 7, rule 12 (exclusion of counterclaim);(f) Order 8 (amendment of pleadings);(g) Order 10, rule 11 (setting aside judgment in default of appearance).(h) Order 12, rule 7 (setting aside judgment or dismissal for nonattendance);(i) Order 15, rules 10, 12 and 18 (sanctions against witnesses andparties in certain cases);(j(k) Order 22, rules 25, 57, 61 (3) and 73 (orders in execution);(l) Order 23, rule 7 (trial of claim of third person in attachment of
Rev. 2010] Civil Procedure CAP. 21 183debts );[Subsidiary](m) Order 24, rules 5, 6 and 7 (legal representatives);(n) Order 25, rule 5 (compromise of a suit);(o) Order 26, rules 1 and 5(2) (security for costs);(p) Order 27, rules 3 and 10 (payment into court and tender);(q) Order 28, rule 4 (orders in proceedings against the Government);(r) Order 34 (interpleader);(s) Order 36, rules 5, 7 and 10 (summary procedure);(t) Order 39, rules 2, 4 and 6 (furnishing security);(u) Order 40, rules 1, 2, 3,7 and 11 (temporary injunctions);(v) Order 41, rules 1 and 4 (receivers);(w) Order 42, rules 3, 14, 21, 23 and 35 (appeals);(x) Order 45, rule 3 (application for review);(y) Order 50, rule 6 (enlargement of time);(z) Order 52, rules 4, 5, 6 and 7 (advocates);(aa) Order 53 (judicial review orders).(2) An appeal shall lie with the leave of the court from any other ordermade under these Rules.(3) An applications for leave to appeal under section 75 of the Act shallfrom, either orally at the time when the order is made, or within fourteen daysfrom the date of such order.both an order granting the relief applied for and an order refusing such relief.2. The rules of Order 42 shall apply, so far as may be, to appeals fromorders.3. Nothing in this Order shall apply to any adjudication which, as regardsthe court expressing it, conclusively determines the rights of the parties withregard to all or any of the matters in controversy in the suit.[Order 43, rule 2.]Procedure.[Order 43, rule 3.]Saving.
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