the civil procedure act - Kenya Law Reports

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190[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010ORDER 47DISTRICT REGISTRIES[Order 47, rule 1.]Institution of suits inHigh Court.[Order 47, rule 2.]Schedule of DistrictRegistries and areas.[Order 47, rule 3.]a District Registry.that court situate in Nairobi or in a District Registry.2. (1) There shall be District Registries and Deputy Registrars of the HighCourt at the places and for the areas set out in the Schedule in Appendix G.(2) The Chief Justice may by notice in the Gazette amend the Schedule tosubrule (1) by the addition or deletion of any area, place of Registry or DistrictRegistrar or by the variation of any area.in that Registry.[Order 47, rule 4.]registry remain therewhen all defendantsreside within thatarea.[Order 47, rule 5.]Proceedings againstthe Government.4. Where the defendant resides or carries on business, or all the defendants(if more than one) reside or carry on business within the area in the DistrictRegistry whereof a suit has been instituted, all proceedings shall be taken inunder rule 8.5. Notwithstanding anything in rule 4, in any civil proceedings against theGovernment the defendant shall for the purposes of this Order be deemed neitherto reside nor to carry on business within the district of any District Registry.[Order 47, rule 6.]Place of trial.Registry of the High Court shall be tried in such place as the court may direct;suit instituted in a District Registry shall be tried by the High Court sitting inthe area of such District Registry.(2) The court may of its own motion or on the application of any partyto a suit and for cause shown order that a case be tried in a particular place tobe appointed by the court:Provided always that in appointing such particular place for trial the courtshall have regard to the convenience of the parties and of their witnesses andto the date on which such trial is to take place, and all the other circumstancesof the case.[Order 47, rule 7.]All preliminary stepstaken before the7. In a suit proceeding in a District Registry all formal steps preliminaryto the trial and all interlocutory applications shall, in the absence of a judge, bemade and taken before the District Registrar; and when such suit is ready for trial
Rev. 2010] Civil Procedure CAP. 21 191it may be set down for hearing before a judge sitting at the place of the Registry.8. (1) Any person affected by any order or decision of a District Registrarmade in any preliminary step or upon an interlocutory application may appeal toa judge; and such appeal may be made notwithstanding that the order or decisionwas in respect of a proceeding or matter as to which the District Registrar hadjurisdiction only by consent.[Subsidiary]District Registrar.[Order 47, rule 8.]Appeal from decisionof District Registrar.(2) Such appeal shall be by way of endorsement upon the record by theDistrict Registrar at the request of any party within fourteen days from themaking of such order or decision, and the record bearing such endorsementshall forthwith be sent to the registrar of the High Court who shall give suchdirections for the hearing of the appeal as he may consider reasonable.(3) The hearing of an appeal under this rule shall be before a judge inchambers.9. A District Registrar with regard to suits tried in his area shall haveany Rules of Court, and all such rules shall apply to the taxation of costs by aDistrict Registrar.10. An appeal from a decree or order of a subordinate court to the High subordinate court is situate; and the District Registrar shall, upon the paymentand forward the papers to the High Court Registry in that area for hearing anddisposal.[Order 47, rule 9.]Taxations in DistrictRegistries.[Order 47, rule 10.]Appeals fromsubordinate courts.ORDER 48MISCELLANEOUS1. (1) Every process issued under these Rules shall be served at theexpense of the party on whose behalf it is issued unless the court otherwisedirects.(2) The court fee chargeable for such service shall be paid within a time2. All orders, notices and documents required by these Rules to be givento or served on any person shall, save where other provision is made, be servedin the manner provided for the service of summons.3. Forms used for the purposes of this Act shall, with such variationas the circumstances of each case may require, be those to be found in theAppendices to these Rules, and such other forms as may from time to timeapproved by the High Court.[Order 48, rule 1.]Process to be servedat expense of partyissuing.[Order 48, rule 2.]Service of Orders,notices anddocuments.[Order 48, rule 3.]Use of forms.
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