the civil procedure act - Kenya Law Reports

More documents

Recommendations

Info

188CAP. 21 Civil Procedure [Rev. 2010[Subsidiary][Order 46, rule 12.]Statement of specialcase by arbitrators orumpire.[Order 46, rule 13.]Costs of arbitration.[Order 46, rule 14.]Power to modify orcorrect award.12. Upon any reference by an order of the court, the arbitrator or umpiremay, and shall if so directed by the court, state the award as to the whole orany part thereof in the form of a special case for the opinion of the court, andthe court shall deliver its opinion thereon, and shall order such opinion to beadded to and form part of the award.of an arbitration save to the extent to which an award of costs has been properlymade by the arbitrator.14. The court may modify or correct an award—(a) where it appears that a part of the award is upon a matter not referredto arbitration and such part can be separated from the other part anddoes not affect the decision on the matter referred;(b) where the award is imperfect in form, or contains an obvious errorwhich can be amended without affecting such decision; or(c) where the award contains a clerical mistake or an error arising froman accidental slip or omission.[Order 46, rule 15.]Power to remit forreconsideration.15. (1) The court may remit an award, or any other matter referred toarbitration, for reconsideration by the same arbitrator or umpire upon such(a) where the award has left undetermined any of the matters referredto arbitration, or where it determines any matter not referred toarbitration, unless such matter can be separated without affectingthe determination of the matters referred;(b effect; or(c) where an objection to the legality of the award is apparent on theface of it.[Order 46, rule 16.]Grounds for settingaside award.(2) The order remitting the award shall state the time within which itshall be reconsidered, and rule 8 shall apply to such reconsideration as it appliesto an award.16. (1) The court may set aside an award on the following grounds only—(a) corruption or misconduct of the arbitrator or umpire; or(b) that either party has fraudulently concealed any matter which heought to have disclosed, or has wilfully misled or deceived thearbitrator or umpire.(2) An Application under this rule shall be served on the arbitrator or
Rev. 2010] Civil Procedure CAP. 21 189umpire.[Subsidiary](3) Where an award is set aside under this rule the court shall supersedethe arbitration and shall proceed with the suit.17. An application may be made under rules 13, 14, 15 and 16 withinrule 11 within thirty days of that date.[Order 46, rule 17.]Time for application.18. (1) The court shall on request by any party with due notice to otherparties enter judgment according to the award—[Order 46, rule 18.]Judgment on award.(a) when no application has been made within the time allowed byrule 17; or(b) when an application under rules 13, 14 or 16 has been heard anddetermined and no other application has been made within the timeallowed by rule 17; or(c) when an application under rules 14, 15 and 16 has been heard andrefused and no leave to appeal against such refusal has been grantedwithin fourteen days of that refusal.(2) Upon the judgment so entered a decree shall follow and no appealshall lie from such decree except in so far as the decree is in excess of, or notin accordance with the award.(3) Order 49, rule 2 shall apply to the entry of judgment under subrule (1).19. Form Nos. 28 to 32 of Appendix A shall be used for the respectivepurposes therein mentioned.20. (1) Nothing under this order may be construed as precluding the courtfrom adopting and implementing, of its own motion or at the request of theparties, any other appropriate means of dispute resolution (including mediation)for the attainment of the overriding objective envisaged under sections 1A and1B of the Act.[Order 46, rule 19.]Forms.[Order 46, rule 20.]Alternative disputeresolution.(2) The court may adopt an alternative dispute resolution and shall makesuch orders or issue such directions as may be necessary to facilitate such meansof dispute resolution.(3) Where a court mandated mediation adopted pursuant to this rule fails,the court shall forthwith set the matter down for hearing and determination inaccordance with the Rules.
Page 1:
DECARESIS®Décade de résistances
Page 8 and 9:
8 CAP. 21 Civil Procedure[Rev. 2010
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Rev. 2010] Civil Procedure CAP. 21
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138: Rev. 2010] Civil Procedure CAP. 21
Page 161: Rev. 2010] Civil Procedure CAP. 21
Page 164: 164[Subsidiary][Order 35, rule 4.]P
show all

the civil procedure act - Kenya Law Reports

Create successful ePaper yourself

Delete template?

Save as template?