the civil procedure act - Kenya Law Reports

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34 CAP. 21 Civil Procedure[Rev. 2010forth as a ground of objection in the memorandum of appeal.(2) Notwithstanding anything contained in subsection (1), whereany party aggrieved by an order of remand from which an appeallies does not appeal therefrom, he shall thereafter be precluded fromdisputing its correctness.What court to hearappeal.77. Where an appeal from any order is allowed, it shall lie to thecourt to which an appeal would lie from the decree in the suit in whichthe order was made.General Provisions Relating to AppealsPowers of appellatecourt.78. (1) Subject to such conditions and limitations as may beprescribed, an appellate court shall have power—(a(b) to remand a case;(c) to frame issues and refer them for trial;(d) to take additional evidence or to require the evidence tobe taken;(e) to order a new trial.(2) Subject as aforesaid, the appellate court shall have the samepowers and shall perform as nearly as may be the same duties as areconferred and imposed by this Act on courts of original jurisdiction inrespect of suits instituted therein.Procedure in appealsfrom appellatedecrees and orders.79. The provisions of this Part relating to appeals from originaldecrees shall, as far as may be, apply to appeals -(a) from appellate decrees; and(b) from orders made under this Act or under any special orlocal law in which a different procedure is not provided.No decree to bealtered for error notaffecting merits orjurisdiction.10 of 1969, Sch.Summary rejection of79A. No decree shall be reversed or substantially varied, norshall any case be remanded, in appeal on account of any misjoinderof parties or causes of action or any error, defect or irregularity inany proceedings in the suit, not affecting the merits of the case or thejurisdiction of the court.79B. Before an appeal from a subordinate court to the High Court
Rev. 2010] Civil Procedure CAP. 21 35is heard, a judge of the High Court shall peruse it, and if he considersof a decree or order appealed against he may, notwithstanding section79C, reject the appeal summarily.appeal.17 of 1967, s.40,38 of 1968, Sch.,10 of 1969, Sch.79C. Appeals from subordinate courts shall be heard by one judgeof the High Court except when in any particular case the Chief Justiceshall direct that the appeal be heard by two or more judges of the HighCourt; and such direction may be given before the hearing of the appealor at any time before judgment is delivered.79D. No second appeal from a decree passed in appeal by theHigh Court shall lie except on the grounds mentioned in section 72.Mode of hearingappeal.10 of 1969, Sch.Grounds for secondappeal from HighCourt.10 of 1969, Sch.79E. No second appeal from a decree passed in appeal by theHigh Court shall lie in any suit when the amount or value of the subjectmatterof the original suit does not exceed ten thousand shillings unlessappeal is to be heard.79F. A person who has been allowed to take, defend or be aparty to any legal proceedings in a subordinate court as a pauper maynot appeal to the High Court, or from the High Court to the Court ofAppeal, except with the leave of the Court before whom the proceedingsappealed against were heard or (if such leave is refused) unless specialis to be heard.79G. Every appeal from a subordinate court to the High Courtor order appealed against, excluding from such period any time whichthe lower court may certify as having been requisite for the preparationand delivery to the appellant of a copy of the decree or order:Provided that an appeal may be admitted out of time if theNo second appealfrom High Court incertain cases.10 of 1969, Sch.,21 of 1990.Appeals by paupers.10 of 1969, Sch.appeals fromsubordinate courts.10 of 1969, Sch.PART IX—REVIEW80. Any person who considers himself aggrieved—Review.(a) by a decree or order from which an appeal is allowed bythis Act, but from which no appeal has been preferred; or
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