the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 33may possibly have produced error or defect in the decisionof the case upon the merits.(2) An appeal may lie under this section from an appellate decreepassed ex parte.73. (Repealed by 10 of 1969, Sch.).74. (Repealed by 10 of 1969, Sch.).Appeals from Orders75. (1) An appeal shall lie as of right from the following orders,and shall also lie from any other order with the leave of the court makingsuch order or of the court to which an appeal would lie if leave weregranted—Orders from whichappeal lies.(a) an order superseding an arbitration where the award hasnot been completed within the period allowed by the court;(b) an order on an award stated in the form of a special case;(c) an order modifying or correcting an award;(d) an order staying or refusing to stay a suit where there is anagreement to refer to arbitration;(ewithout the intervention of the court;(f) an order under section 64;(g) an order under any of the provisions of this Act imposingperson except where the arrest or detention is in executionof a decree;(h) any order made under rules from which an appeal isexpressly allowed by rules.(2) No appeal shall lie from any order passed in appeal underthis section.76. (1) Save as otherwise expressly provided, no appeal shall liefrom any order made by a court in the exercise of its original or appellatejurisdiction; but, where a decree is appealed from, any error, defect orirregularity in any order affecting the decision of the case may be setOther Orders.