the civil procedure act - Kenya Law Reports

184[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010ORDER 44PAUPER APPEALS[Order 44, rule 1.]Who may appeal as apauper.1. Any person entitled to prefer an appeal, who is unable to pay thefee required for the memorandum of appeal, may present an applicationaccompanied by a memorandum of appeal, and may be allowed to appeal as apauper, subject in all matters, including the presentation of such application,to the provisions relating to suits by paupers in so far as those provisions areapplicable:Provided that the court shall dismiss the application unless upon a perusalof the memorandum of appeal and of the record of the lower court, it sees reasonto think that the decree is contrary to law, or against the weight of the evidence.[Order 44, rule 2.]Inquiry intopauperism.2. The inquiry into the pauperism of the applicant may be made either bythe High Court or under the orders of the High Court by the court from whosedecision the appeal is preferred:Provided that, if the applicant was allowed to sue or appeal as a pauperin the court from whose decree the appeal is preferred, no further inquiry inrespect of his pauperism shall be necessary, unless the High Court sees causeto direct such inquiry.ORDER 45REVIEW[Order 45, rule 1.]Application forreview of decree ororder.1. (1) Any person considering himself aggrieved—(a) by a decree or order from which an appeal is allowed, but fromwhich no appeal has been preferred; or(b) by a decree or order from which no appeal is hereby allowed,and who from the discovery of new and important matter or evidence which,after the exercise of due diligence, was not within his knowledge or could notbe produced by him at the time when the decree was passed or the order made,or on account of some mistake or error apparent on the face of the record, ormay apply for a review of judgment to the court which passed the decree ormade the order without unreasonable delay.(2) A party who is not appealing from a decree or order may apply for areview of judgment notwithstanding the pendency of an appeal by some otherparty except where the ground of such appeal is common to the applicant andthe appellant, or when, being respondent, he can present to the appellate courtthe case on which he applies for the review.[Order 45, rule 2.]2. (1) An application for review of a decree or order of a court, upon some