the civil procedure act - Kenya Law Reports

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220CAP. 21 Civil Procedure [Rev. 2010[Subsidiary]No. 27General Form of Originating Summons not Inter Parties(O. 37, r. 14)....................................................................................20............... (Here put the year and number)In the matter of the Trusts of the Will of A.B. and in the matter of ............................ (or as the casemay be).Let .............................................. of ....................................................... within ................. days afterservice of this summons on him, inclusive of the day of such service, cause an appearance to beentered for him to this summons, which is issued upon the application of ................................... of.................................. for an order that (state the object of the application).Dated the .....................................This summons was taken out by ............................................. of ........................., advocate for theabove-named .........................The respondent may appear thereto by entering appearance either personally or by advocate at theNOTE. - If the respondent does not enter appearance within the time and at the place abovementioned, such order will be made and the proceedings taken as the judge may think just andexpedient._______________No. 28Application for an Order of Reference(O. 46, r. 19)(Title)1. This suit is instituted for (state nature of claim).2. The matter in difference between the parties is (state matter of difference).3. The applicants being all the parties interested have agreed that the matter in differencebetween them shall be referred to arbitration.4. The applicants therefore apply for an order of reference.
Rev. 2010] Civil Procedure CAP. 21 221A.B.[Subsidiary]C.D.Dated the ................................. day of ..................................., 20............(Note.-If the parties are agreed as to the arbitrator or arbitrators it should be so stated and awritten statement signed by the arbitrator or arbitrators to the effect that he or they are willing to_______________No. 29Order of Reference (O. 46, r. 19)(Title)Upon reading the application presented on the ............................. day of ..............,19......, it isordered that the following matter in difference arising in this suit, namely................ be referredis hereby appointed to be umpire; and such arbitrators are to make their award in writing on orbefore the .......................day of ....................., 20......, and in case the said arbitrators not agreeingin an award, the said umpire is to make his award in writing within .........................month’s afterthe time during which it is within the powers of the arbitrators to make an award shall have ceased.Liberty to apply.Given under my hand and the seal of the court this .................. day of .................., 20 ......._______________..........................., Judge.No. 30Order for appointment of arbitrator(O. 46, r. 19)(Title)Whereas by an order dated the .................................... day of ............................., 20......., (state orderof reference and death, refusal, etc., of arbitratorthe place of X (deceased, or as the case may beunder the said order, and it is ordered that the award of the said arbitrators be made on or beforethe .................day of ................, 20.......Given under my hand and the seal of the court this .................... day of..................., 20...... ._______________..............................., Judge.
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