the civil procedure act - Kenya Law Reports

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208[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010No. 12Memorandum of Appearance(O. 6, r. 2 (1))(Title)Please enter an appearance for1 .......................................................................................................sued as 2.............................................................................................................................................Dated this ................................................ day of ............................................................, 20............Signed 3.............................................................................................................................................Whose address for service is 4 .........................................................................................................and whose postal address is 5................................................................................................Notes:1 Give the full name of the defendant appearing.2 Give the name by which the defendant is described in the summons if this differs from thedefendant’s full name.3 To be signed by the advocate, or by the defendant or his recognised agent if he appears inperson.4 Give the physical address which is either the place of business of the advocate withincommunications for him may be left.if he appears in person.N.B.—Additional notes for the guidance of defendants appearing are given on the back of thisform. Please read them carefully. The form may have to be returned if any of the informationrequired is omitted or given incorrectly. The delay may result in judgment being entered againstthe defendant. If judgment is entered, the defendant or his advocate may have to pay the costs ofapplying to set it aside.ADDITIONAL NOTES(Back of form)2 Where the defendant is an individual trading in a name other than his own, he must appear
Rev. 2010] Civil Procedure CAP. 21 209[Subsidiary]3 Where the defendant is a corporation the appearance must be either by an advocate or by4 If the defendant has no defence or admits the plaintiff’s claim, appearance will delay judgmentand may increase the costs payable by the defendant. Any proposal for the payment of adebt by installments or otherwise must be made direct to the plaintiff or his advocate andnot to the court.5 Where appearance is to be entered for a third party substitute, for references to the defendant,references to the third party.______________No. 13Request for Judgment(O. 10, r. 4)(Title)The plaintiff requests judgment against the defendant(s)1...............................................................who has (have) failed to appear (or as the case may be).This request is for interlocutory judgment for Sh........................... (with or without interest as thecase may be) and costs. 2Dated, etc.,(Signed)Advocate for the PlaintiffNotes______________No. 14Application for Execution of Decree(O. 22, r. 6)In the Court ...............................................................
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