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the civil procedure act - Kenya Law Reports

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196CAP. 21 Civil Procedure [Rev. 2010[Subsidiary]enter appearance butnot appearing.[Order 51, rule 8.]Transfer from courtto chambers.[Order 51, rule 9.]Transfer fromchambers to court.[Order 51, rule 10.]Provision underwhich application ismade to be stated.8. Notwithstanding anything contained in <strong>the</strong>se Rules, <strong>the</strong> court may inany case direct that any business be disposed of in chambers which it thinksmay be more conveniently disposed of in chambers than in court.9. Any judge may adjourn into court any application made to him atchambers which he deems more convenient to be considered in court.10. (1) Every order, rule or o<strong>the</strong>r statutory provision under or by virtueof which any application is made must ordinarily be stated, but no objectionshall be made and no application shall be refused merely by reason of a failureto comply with this rule.(2) No application shall be defeated on a technicality or for want of formthat does not affect <strong>the</strong> substance of <strong>the</strong> application.[Order 51, rule 11.]Costs and o<strong>the</strong>rrelief.11. (1) It shall not be necessary in an originating summons, applicationor o<strong>the</strong>r process to ask for costs, or for general or o<strong>the</strong>r relief, which may begranted by <strong>the</strong> court as it thinks just.(2) Unless <strong>the</strong> court o<strong>the</strong>rwise orders for special reasons to be recorded,costs awarded upon an originating summons, applications or o<strong>the</strong>r process shallbe taxed only at <strong>the</strong> conclusion of <strong>the</strong> suit.[Order 51, rule 12.]When application aredeemed to be made.[Order 51, rule 13.]Signature onapplication andservice.12. All applications or o<strong>the</strong>r process shall be deemed to have been made13. (1) An application taken out in any proceedings need only be signedby <strong>the</strong> advocate representing <strong>the</strong> applicant, or <strong>the</strong> applicant himself if <strong>act</strong>ing inperson, and need not be signed by or on behalf of <strong>the</strong> court.(2) Every application shall bear at <strong>the</strong> foot <strong>the</strong> words— mentioned such order will be made and proceedings taken as <strong>the</strong> court may(3) The application shall be served on respondent toge<strong>the</strong>r with <strong>the</strong> listof authorities, if any not less than seven clear days before <strong>the</strong> date of hearing.[Order 51, rule 14.]Grounds ofopposition toapplication in HighCourt.t any one or a combination of <strong>the</strong> following documents -(a) a notice preliminary objection: and/or;(b

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