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 these Rules, the 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 other 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 the substance of the application.[Order 51, rule 11.]Costs and otherrelief.11. (1) It shall not be necessary in an originating summons, applicationor other process to ask for costs, or for general or other relief, which may begranted by the court as it thinks just.(2) Unless the court otherwise orders for special reasons to be recorded,costs awarded upon an originating summons, applications or other process shallbe taxed only at the conclusion of the suit.[Order 51, rule 12.]When application aredeemed to be made.[Order 51, rule 13.]Signature onapplication andservice.12. All applications or other process shall be deemed to have been made13. (1) An application taken out in any proceedings need only be signedby the advocate representing the applicant, or the applicant himself if acting inperson, and need not be signed by or on behalf of the court.(2) Every application shall bear at the foot the words— mentioned such order will be made and proceedings taken as the court may(3) The application shall be served on respondent together with the listof authorities, if any not less than seven clear days before the date of hearing.[Order 51, rule 14.]Grounds ofopposition toapplication in HighCourt.t any one or a combination of the following documents -(a) a notice preliminary objection: and/or;(b
Rev. 2010] Civil Procedure CAP. 21 197(c) a statement of grounds of opposition;[Subsidiary](2) the said documents in subrule (1) and a list of authorities, if anythe date of hearing.of opposition has been served under subrule (1) may, with the leave of the court,application may be heard ex parte.15.The court may set aside an order made ex parte.16. The court may, in its discretion, limit the time for oralsubmissionsby the parties or their advocates or allow written submissions.[Order 51, rule 15.]Setting aside ex parteorder.[Order 51, rule 16.]Court may limit timefor submission.ORDER 52THE ADVOCATES ACT1. In this Order—[Order 52, rule 1.]Interpretation.Cap.16. established under section 57 of the Advocates Act;2. (1) A petition of appeal to the Chief Justice under section 26 (2) of theAct shall have annexed to it a copy of the decision of the registrar appealed from.(2) Every petition of appeal shall be served on the Society which shallhave the right to be heard.Cap. 18.[Order 52, rule 2.]Appeals to the ChiefJustice.(3) A petition of appeal to the Chief Justice under section 28 (6) or 41(2) of the Act shall be presented within one month after the applicant has been3. (1) Any application under section 45 of the Act shall be intituled in(2) An application under section 45 (2) of the Act shall be served onthe advocate.[Order 52, rule 3.]Applicationswith respect toremuneration.
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