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the civil procedure act - Kenya Law Reports

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54[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010ORDER 25WITHDRAWAL, DISCONTINUANCE AND ADJUSTMENT OF SUITSRule1—Withdrawal by plaintiff.2—Discontinuance.3—Costs.4—Stay of subsequent suit.5—Compromise of a suit.ORDER 26SECURITY FOR COSTSRule1—Security for costs.2—Application before defence.3—Where two or more defendants.4—Claims by non-resident plaintiff.5—Effect of failure to give security.6—Investment of security.ORDER 27PAYMENT INTO COURT AND TENDERRule1—Payment into court.2—Acceptance of payment.3—Money remaining in court.4—Payment into court where several defendants.5—Payment into court on a counterclaim.7—Register of payments to be kept.8 —Investment of payment.9—Money paid in under order.10—Moneys recovered by infants or persons of unsound mind.ORDER 28COMMISSION AND REFERENCESRule1—Cases in which court may issue commission to examine witnesses.2—Where witness resides within court’s jurisdiction.3—Persons for whose examination commission may issue.4—Request to examine witness abroad.5—Court to examine witness pursuant to commission.6 —Return of commission with deposition of witness.7 —Commission to make investigations.

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