the civil procedure act - Kenya Law Reports

More documents

Recommendations

Info

226CAP. 21 Civil Procedure [Rev. 2010[Subsidiary]SETTLEMENT OUT OF COURT2. The Plaintiff/each party shall give to the other parties standard disclosure of documents byserving copies together with disclosure statement by 5.00 p.m on................... day of ......................20...........INSPECTION3. Inspection of documents be done by 5.00 p.m on ............day of.........................20INTERROGATORIESWITNESS STATEMENTSEXPERT EVIDENCE1. The expert evidence on the issue of .................................. Shall be limited to the writtenreport of a single expert jointly instructed by the parties.2. If the parties cannot agree by 5.00pm on .......................... who the expert is to be or aboutpayment of his/her fees, either party may apply to the court for further directions.3. Unless the parties agree in writing or the court otherwise orders, the fees and expenses ofthe single expert shall be paid by the parties equally.4. The plaintiff has permission to use in evidence the written reports(s) of an expert in thediscipline of/each of the following disciplines.............................. and any such reports(s)to be served by 5.00pm on................................5. The Defendant has permission to use in evidence the written report of an expert in thediscipline of/each of the following disciplines......................... And any such report to beserved by 5.00 pm on..................................6. The written reports of the experts shall be agreed if possible and if not agreed, the expertsdo hold without prejudice discussions and do prepare and serve a statement of issues agreedand issues not agreed with a summary of the reasons for any disagreement by 5.00pmon................. DAMAGES by 5.00pm on.....................................GENERAL DIRECTIONDISCHARGE AND VARIATION OF THIS ORDER4. Any part affected by this order may apply within 10 days of service of it upon him/her/it to have it varied, set aside or stayed. Dated this.................................day of..........................20...............
Rev. 2010] Civil Procedure CAP. 21 227NOTE: Failure to comply with the directions may result in the case being adjourned and inthe party of fault having to pay the costs. The parties are always encouraged to try andsettle the case by negotiation with each other. The court must be informed if the case issettled before the hearing.[Subsidiary]Appendix DTRIAL CONFERENCE QUESTIONNAIRE(Order 11 rule 6)QUESTION(a planned.ANSWER(b) Have you considered the most expeditious wayof introducing evidence at the trial and have you(c) Do you intend to amend your pleadings and if sowhich pleadings?(d) Do you seek the admission of witness statement orstatements without calling the maker and why doyou seek this order?(e) Do you seek an order for the production of a copyof the statement where the original is unavailable?(f evidence?(g) Do you intend to apply for the examinations of anywitness by issue of commission outside court and for theadmission of any such examination as evidence in court?(h) Have you exchanged expert reports and have youdiscussed with other party or parties the admissibility ofthe reports at the trial?(i) Do you intend to produce any exhibit and if so, have youconsidered its admissibility?(j) Have you considered using alternative dispute resolutionmethods in this case?
Page 1:
DECARESIS®Décade de résistances
Page 8 and 9:
8 CAP. 21 Civil Procedure[Rev. 2010
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Rev. 2010] Civil Procedure CAP. 21
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161:
Page 164:
164[Subsidiary][Order 35, rule 4.]P
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176: Rev. 2010] Civil Procedure CAP. 21
Page 225: Rev. 2010] Civil Procedure CAP. 21
Page 237: Rev. 2010] Civil Procedure CAP. 21
show all

the civil procedure act - Kenya Law Reports

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?