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the civil procedure act - Kenya Law Reports

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58CAP. 21 Civil Procedure [Rev. 2010[Subsidiary]4—Summons by a mortgagee, mortgagor and o<strong>the</strong>rs.5—Caveats.6—Extension of limitation period.7—Adverse possession.8—Application under <strong>the</strong> Registered Land Act.9—Application under Chattels Transfer Act.10—Summons by a member of a partnership.11—Summons by persons interested in deeds or wills.12—Variation of trusts.13—Discretion upon summons for construction of document.14—Forms.16—Directions.17—Procedure.18—Evidence and directions upon hearing of summons.19—Powers of court upon hearing of summons.20—Court may make orders as to costs incurred by any party.ORDER 38SELECTION OF TEST SUITRule1—Staying several suits against <strong>the</strong> same defendant.2—Staying similar suits upon application by defendant.ORDER 39ARREST AND ATTACHMENT BEFORE JUDGMENTRule1—Where defendant may be called upon to furnish security forappearance.2—Security.3—Procedure on application by surety to be discharged.security.5—Where defendant may be called upon to furnish security forproduction of property.6—Attachment where cause not shown or security not furnished.7—Mode of making attachment.8—Investigation or claim to property attached before judgment.9—Removal of attachment when security furnished or suit dismissed.10—Attachment before judgment not to affect rights of strangers norbar decree-holder from applying for sale.11—Property attached before judgment not to be re-attached in executionof decree.

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