the civil procedure act - Kenya Law Reports

32 CAP. 21 Civil Procedure[Rev. 2010Appeal from originaldecree.decree whereno appeal frompreliminary decree.Decision whereappeal heard by twoor more judges.13 of 1980, Sch.67. (1) An appeal may lie from an original decree passed ex parte.(2) No appeal shall lie from a decree passed by the court with theconsent of parties.68. Where any party aggrieved by a preliminary decree doesnot appeal from that decree, he shall be precluded from disputing its69. Where an appeal is heard by a court consisting of two or morejudges the appeal shall be decided in accordance with the opinion of thejudges or a majority of them:Provided that where a court consisting of two judges is dividedin its opinion the appeal shall be reheard by a court consisting of anuneven number of judges being not less than three.70. (Renumbered as section 79A.).71. (Renumbered as section 79C.).Appeals from Appellate Decrees of a Subordinate CourtSecond appeal fromsubordinate court.10 of 1969, Sch.,13 of 1978, Sch.71A. (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 from a decree passedcourt of the third class, on a question of law only.Appeals from Appellate Decrees of the High CourtSecond appeal fromthe High Court.10 of 1969, Sch.72. (1) Except where otherwise expressly provided in this Act orby any other law for the time being in force, an appeal shall lie to theCourt of Appeal from every decree passed in appeal by the High Court,on any of the following grounds, namely—(a) the decision being contrary to law or to some usage havingthe force of law;(b) the decision having failed to determine some material issueof law or usage having the force of law;(c) a substantial error or defect in the procedure provided by thisAct or by any other law for the time being in force, which