the civil procedure act - Kenya Law Reports

More documents

Recommendations

Info

28 CAP. 21 Civil Procedure[Rev. 201010 of 1969, Sch.issued by the High Court to any subordinate court or to any advocate,subordinate court situate in a district other than the district in which thecourt of issue is situate and having jurisdiction in the place in which theperson to be examined resides.(2) Every court receiving a commission for the examination ofany person under subsection (1) shall examine him or cause him to beexamined pursuant thereto, and the commission, when it has been dulyexecuted, shall be returned, together with the evidence taken under it,to the court from which it was issued, unless the order for issuing thecommission has otherwise directed, in which case the commission shallbe returned in terms of the order.Letter of request.10 of 1969, Sch.Commission issuedby foreign court.10 of 1969, Sch.54. In lieu of issuing a commission, the High Court or asubordinate court with the sanction of the High Court may issue a letter55. Commissions issued by foreign courts for the examinationmay be from time to time authorized by the High Court.PART V—SUITS IN PARTICULAR CASESSuits by Aliens and by or against Foreign RulersWhen alien may sue.10 of 1969, Sch.56. or residing in a foreign country, shall sue in any of such courts.Explanation.—Every person residing in a foreign country thein that country without a licence in that behalf under the hand of thePresident, shall, for the purpose of subsection (2), be deemed to be analien enemy residing in foreign country.When foreign statemay sue.10 of 1969, Sch.57. the suit is to enforce a private right vested in the head of that state or(2) Every court shall take judicial notice of the fact that a foreign
Rev. 2010] Civil Procedure CAP. 21 29Interpleader58. Where two or more persons claim adversely to one another thesame debt, sum of money or other property, movable or immovable, fromanother person, who claims no interest therein other than for charges orcosts and who is ready to pay or deliver it to the rightful claimant, suchother person may institute a suit of interpleader against all the claimants,or where a suit dealing with the same subject-matter is pending mayintervene by motion on notice in such suit, for the purpose of obtaininga decision as to the person to whom the payment or delivery shall bemade, and of obtaining indemnity for himself:When interpleadersuit may beinstituted.Provided that where any suit is pending in which the rights ofall parties can be properly decided no such suit of interpleader shallbe instituted.PART VI—SPECIAL PROCEEDINGSArbitration59. All references to arbitration by an order in a suit, and allproceedings thereunder, shall be governed in such manner as may beprescribed by rules.Arbitration.Special Case60. Where any persons agree in writing to state a case for theopinion of the court, then the court shall try and determine the same inthe manner prescribed.Power to state casefor opinion of court.Suits Relating to Public Matters61. (1) In the case of a public nuisance, the Attorney-General,or two or more persons having the consent in writing of the Attorney-General, may institute a suit though no special damage has been caused,for a declaration and injunction or for such other relief as may beappropriate to the circumstances of the case.Public nuisance.(2) Nothing in this section shall limit or otherwise affect any rightof suit which may exist independently of its provisions.62. In the case of an alleged breach of any express or constructivetrust created for public purposes of a charitable or religious nature,or where the direction of the court is deemed necessary for theadministration of the trust, the Attorney-General, or two or more personshaving an interest in the trust and having obtained the consent in writingof the Attorney-General, may institute a suit, whether contentious orPublic charity.
Page 1: DECARESIS®Décade de résistances
Page 8 and 9: 8 CAP. 21 Civil Procedure[Rev. 2010
Page 20: 20 CAP. 21 Civil Procedure[Rev. 201
Page 23 and 24: Rev. 2010] Civil Procedure CAP. 21
Page 27: Rev. 2010] Civil Procedure CAP. 21
Page 79 and 80:
Rev. 2010] Civil Procedure CAP. 21
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:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237:
show all

the civil procedure act - Kenya Law Reports

Create successful ePaper yourself

Delete template?

Save as template?