the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 3164. (1) Where, in any suit in which an arrest or attachment hasbeen effected or a temporary injunction granted under section 63—(a) it appears to the court that the arrest, attachment or injunctionCompensation forarrest, attachmentor injunction on(b) the suit of the plaintiff fails and it appears to the court thatthere was no reasonable or probable ground for institutingthe same,the defendant may apply to the court, and the court may, upon suchapplication, award against the plaintiff by its order such amount, notexceeding two thousand shillings, as it deems a reasonable compensationto the defendant for the expense or injury caused to him:Provided that, a court shall not award under this section an amountexceeding the limits of its pecuniary jurisdiction.(2) An order determining an application under subsection (1)shall bar any suit for compensation in respect of the arrest, attachmentor injunction.PART VIII—APPEALS TO THE HIGH COURT AND COURT OF APPEALAppeals from Original Decrees65. (1) Except where otherwise expressly provided by this Act,and subject to such provision as to the furnishing of security as may beprescribed, an appeal shall lie to the High Court -(a) (Deleted by 10 of 1969, Sch.);Appeal from othercourts.17 of 1967, s. 39,10 of 1969, Sch.,4 of 1974, Sch.(b) from any original decree or part of a decree of a subordinatecourt, other than a magistrate’s court of the third class, on aquestion of law or fact;(cas assessor or assessors.(2) (Deleted by 10 of 1969, Sch.).66. Except where otherwise expressly provided in this Act, andsubject to such provision as to the furnishing of security as may beprescribed, an appeal shall lie from the decrees or any part of decreesand from the orders of the High Court to the Court of Appeal.Appeal from decreeof High Court.14 of 1977, Sch.