the civil procedure act - Kenya Law Reports

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40 CAP. 21 Civil Procedure[Rev. 2010or collision, the court, whether it be exercising its original or its appellatejurisdiction, may summon to its assistance, in such manner as it maydirect or as may be prescribed, two competent assessors; and suchassessors shall attend and assist accordingly.(3) Every such assessor shall be summoned in such manner asthe court may direct, and shall receive such fees for his attendance asmay be prescribed to be paid in such manner as the court may direct.Administration of88.(a) any court, magistrate, registrar of a court, notary public orcommissioner of oaths; or(b appoint in this behalf,may administer the oath to the deponent.Miscellaneousproceedings.Orders and notices tobe in writing.Application forrestitution.89. The procedure provided in this Act in regard to suits shall befollowed as far as it may be applicable in all proceedings in any courtof civil jurisdiction.90. All orders or notices served on or given to any person underthis Act shall be in writing.91. (1) Where and in so far as a decree is varied or reversed, thebe made as will, so far as may be, place the parties in the position theywould have occupied but for such decree or such part thereof as hasbeen varied or reversed; and for this purpose the court may make anyorders, including orders for the refund of costs and for the payment ofconsequential on such variation or reversal.(2) No suit shall be instituted for the purpose of obtaining anyrestitution or other relief which could be obtained by application undersubsection (1).Enforcement ofliability of surety.92. Where any person has become liable as surety—(a) for the performance of any decree or any part thereof; or(b) for the restitution of any property taken in execution of adecree; or
Rev. 2010] Civil Procedure CAP. 21 41(ccondition imposed on any person, under an order of the courtin any suit or in any proceeding consequent thereon,the decree or order may be executed against him, to the extent to whichhe has rendered himself personally liable, in the manner herein providedfor the execution of decrees, and such person shall for the purposes ofappeal be deemed a party within the meaning of section 34:Provided that such notice in writing as the court in each case93. In all suits to which any person under disability is a party,any consent or agreement as to any proceeding shall, if given or madewith the express leave of the court by the next friend or guardian forthe suit, have the same force and effect as if such person were under nodisability and had given such consent or made such agreement.94. Where the High Court considers it necessary that a decreepassed in the exercise of its original civil jurisdiction should be executedbefore the amount of the costs incurred in the suit can be ascertained bytaxation, the court may order that the decree shall be executed forthwith,except as to so much thereof as relates to the costs; and as to so muchthereof as relates to the costs that the decree may be executed as soonas the amount of the costs shall be ascertained by taxation.95.doing of any act prescribed or allowed by this Act, the court may, inits discretion, from time to time, enlarge such period, even though the96. Where the whole or any part of any fee prescribed for anydocument by the law for the time being in force relating to court feeshas not been paid, the court may, in its discretion, at any stage, allowthe person by whom such fee is payable to pay the whole or part, as thecase may be, of the fee; and upon such payment the document in respectof which such fee is payable shall have the same force and effect as ifConsent oragreement bypersons underdisability.Execution of decreeof High Court beforecosts ascertained.Enlargement of time.Power to make upfees.97. (Renumbered as section 3A.).98. Where any person neglects or refuses to comply with a decreeor order directing him to execute any conveyance, contract or otherdocument, or to endorse any negotiable instrument, the court may, onsuch terms and conditions, if any, as it may determine, order that theconveyance, contract or other document shall be executed or that thenegotiable instrument shall be endorsed by such person as the court mayExecution ofinstruments by orderof court.
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