the civil procedure act - Kenya Law Reports

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192[Subsidiary][Order 48, rule 4.]Special rules ofprocedure.CAP. 21 Civil Procedure [Rev. 20104. Any special rules of procedure not contained in these Rules whichwith these Rules, prevail and be deemed to govern the procedure in the mattertherein mentioned.ORDER 49SPECIAL POWERS OF REGISTRARS[Order 49, rule 1.]Registrar to be[Order 49, rule 2.]When Judgmentmay be entered byRegistrar.1. Wherever in these Rules it is provided that any ministerial act or thingmay be done by the court, that act or thing may be done by the registrar or byJustice by writing under his hand.2. Judgment may, on application in writing, be entered by the registrar or,empowered by the Chief Justice by writing under his hand, in the followingcases:(a) under Order 10: (consequence of non-appearance, default ofdefence and failure to serve);(b) in all other cases in which the parties consent to judgment beingentered in agreed terms; or(c) under Order 25, rule 3 (costs, where suit withdrawn or discontinued).[Order 49, rule 3.]Consent orders.[Order 49, rule 4.]No judgment againstGovernment indefault of pleadingwithout leave ofcourt.[Order 49, rule 5.]Execution may beordered by Registrar.[Order 49, rule 6.]Registrar a CivilCourt.3. Any order may, by consent of the parties evidenced in writing, beauthorised in writing by the Chief Justice.4. Notwithstanding anything contained in rule 2, in any proceedingsagainst the Government no judgment for the plaintiff shall be entered in defaultof appearance or pleading without the leave of the court, and any applicationfor such leave shall be served by notice of motion served not less than sevendays before the return day.5. Formal orders for attachment and sale of property and for the issue ofnotices to show cause on applications for arrest and imprisonment in executionof a decree of the High Court may be made by the registrar or, in a subordinatethe Chief Justice by writing under his hand, but in the event of any objectionbeing taken to the proceedings thereunder, all further proceedings shall bebefore a judge.6. For the purposes of rules 2, 3 and 4 a registrar or, in a subordinate court,
Rev. 2010] Civil Procedure CAP. 21 1937. (1) The Registrar may—(a) give directions under Order 42 rule 12 and Order 51 rule 8;[Subsidiary][Order 49, rule 7.]Hearing ofapplications.(b) hear and determine an application made under the following Ordersand rules—(i) Order 1, rules 2, 8, 10, 17 and 22;(ii) Order 2, rules 1 and 10;(iii) Order 3,5 and 9;(iv) Order 6;(v) Order 7, rules 16 and 17 (2);(vi) Order 8;(vii) Order 10, rules 1 and 8;(viii) Order 20;(ix) Order 21, rule 12;(x) Order 22 other than under rules 28, and 75;(xi) Order 23, 24, 25, 26, 27, 28, 30, 31 and 33; and(xii) Order 42, rule 14.(2) An appeal from a decision of the registrar under the Orders referredto in subrule (1) shall be to a judge in chambers.(3) The memorandum of the appeal, setting out the grounds of the appealORDER 50TIME1. Where by these Rules or by any judgment or order given or made,time for doing any act or taking any proceedings is limited by months, andprocedure under these Rules, such time shall be computed by calendar monthsunless otherwise expressed.[Order 50, rule 1.]Month meanscalendar month.2. Where any limited time less than six days from or after any date orevent is appointed or allowed for doing any act or taking any proceedings,Sunday, Christmas Day and Good Friday, and any other day appointed as a[Order 50, rule 2.]Exclusion of Sundaysand public holidays.
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