the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 199(b) in any other case, by originating summons in the High Court.(2) Save for special reasons to be recorded by the judge, the order shall in8. (1) A memorandum of appeal under section 62 (1) or section 73 (1)(2) Unless the court otherwise orders, the persons to be served with thememorandum of appeal shall be the society and every party to the proceedingsbefore the Disciplinary Committee.(3) A person who has not been served with the memorandum of appealbut who desires to be heard in opposition to the appeal may be heard if the courtconsiders him a proper person to be heard.9. (1) An appellant under section 62 (1) or section 73 (1) of the Act mayserving it on every party to the appeal and on the society.(2) Where an appeal has been discontinued under sub-rule (1) it shall betreated as having been dismissed with an order for the payment by the appellantof the costs of and incidental to the appeal.10. (1) An originating summons under this Order shall be made returnablebe served on all parties at least seven clear days before the return date.ORDER 53[Subsidiary][Order 52, rule 8.]Title and service ofappeal.[Order 52, rule 9.]Discontinuance ofappeal.[Order 52, rule 10.]Procedure.APPLICATIONS FOR JUDICIAL REVIEW1. (1) No application for an order of mandamus, prohibition or certiorarishall be made unless leave therefor has been granted in accordance with this rule.(2) An application for such leave as aforesaid shall be made ex parte toa judge in chambers, and shall be accompanied by a statement setting out thename and description of the applicant, the relief sought, and the grounds on[Order 53, rule 1.]Applicationsfor mandamus,prohibition andcertiorari to be madeonly with leave.(3) The judge may, in granting leave, impose such terms as to costs andinsurance bond from a reputable institution.(4) The grant of leave under this rule to apply for an order of prohibition