the civil procedure act - Kenya Law Reports

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194[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010public holiday shall not be reckoned in the computation of such limited time.[Order 50, rule 3.]Time expiring onclosed.3. Where the time for doing any act or taking any proceeding expires on aact or proceeding cannot be done, or taken on that day, such act or proceedingshall so far as regards the time of doing or taking the same, be held to be duly[Order 50, rule 4.]When time does notrun.4. Except where otherwise directed by a judge for reasons to be recordedthe thirteenth day of January in the year next following, both days included,shall be omitted from any computation of time (whether under these Rules oror the doing of any other act:Provided that this rule shall not apply to any application in respect of atemporary injunction.[Order 50, rule 5.]Time for givingsecurity for costs,when not to bereckoned.[Order 50, rule 6.]Power to enlargetime.5. The day on which an order for security for costs is served, and thetime thenceforward until and including the day on which such security is givenshall not be reckoned in the computation of time allowed to plead, or take anyother proceeding in the cause or matter.proceedings under these Rules, or by summary notice or by order of the court,the court shall have power to enlarge such time upon such terms (if any) as thejustice of the case may require, and such enlargement may be ordered althoughthe application for the same is not made until after the expiration of the timeappointed or allowed:Provided that the costs of any application to extend such time and ofany order made thereon shall be borne by the parties making such application,unless the court orders otherwise.[Order 50, rule 7.]Enlargement of timeby consent.[Order 50, rule 8.]Computation of days.[Order 50, rule 9.]Time of day ofservice.other document of any kind whatsoever may be enlarged by consent in writingof the parties or their advocates without application to the court.8. In any case in which any particular number of days not expressed tobe clear days is prescribed under these Rules or by an order or direction of theof the last day.9. (1) This rule applies to pleadings, notices, summonses (other thansummonses on plaints), orders, rules and other proceedings.(2) Service shall normally be effected on a weekday other than Saturday(3) For the purpose of computing any period of time subsequent to service
Rev. 2010] Civil Procedure CAP. 21 195[Subsidiary](athan Friday or Saturday is deemed to have been effected on thefollowing day;(bhave been effected on the following Monday.ORDER 51APPLICATIONS1. All applications to the court shall be by motion and shall be heard inopen court unless the court directs the hearing to be conducted in chambers orunless the rules expressly provide.2. Any application such as is referred to in section 25 (2) of theGovernment Proceedings Act, shall be made in the manner prescribed in rule 1.3. No motion shall be made without notice to the parties affected thereby:proceeding in the ordinary way would or might entail irreparable or seriousmischief, may make any order ex parte upon such terms as to costs or otherwise,and subject to such undertaking, if any, as to the court seems just, and any partyaffected by such order may move to set it aside.[Order 51, rule 1.]Procedure.[Order 51, rule 2.]Applications undersection 25 (2) ofthe Governmentproceedings Act.Cap. 40[Order 51, rule 3.]Notice to parties.4. Every notice of motion shall state in general terms the grounds of the5. If upon the hearing of any application, the court is of opinion thatbeen given ought to have had such notice, the court may adjourn the hearingthereof in order that such notice may be given upon such terms, if any, as the[Order 51, rule 4.]Contents of notice.[Order 51, rule 5.]Dismissal oradjournments forwant of notice.6. The hearing of any application may from time to time be adjourned7. A plaintiff may, without special leave, cause to be served anyapplication or notice of any petition or summons upon any defendant who,having been duly served with a summons to enter an appearance, has failed toappear within the time limited for that purpose.[Order 51, rule 6.]Adjournment ofhearing.[Order 51, rule 7.]Service of notice ondefendant servedwith summons to
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