the civil procedure act - Kenya Law Reports

64[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010ORDER 1PARTIES TO SUITS[Order 1, rule 1.]Who may be joinedas plaintiffs.[Order 1, rule 2.]Power of court toorder separate trial.[Order 1, rule 3.]Who may be joinedas defendants.[Order 1, rule 4.]Court may givejudgment for oragainst one or moreof joint parties.[Order 1, rule 5.]Defendant need notbe interested in allrelief claimed.[Order 1, rule 6.]Joinder of partiesliable on samecontract.[Order 1, rule 7.]When plaintiff indoubt from whomredress to be sought.[Order 1, rule 8.] Oneperson may sue ordefend on behalf ofall in same interest.1. All persons may be joined in one suit as plaintiffs in whom any rightto relief in respect of or arising out of the same act or transaction or seriesof acts or transactions is alleged to exist, whether jointly, severally or in thealternative, where, if such persons brought separate suits, any common questionof law or fact would arise.2. Where it appears to the court that any joinder of plaintiffs mayembarrass or delay the trial of the suit, the court may either on the applicationof any party or of its own motion put the plaintiffs to their election or orderseparate trials or make such other order as may be expedient.3. All persons may be joined as defendants against whom any right torelief in respect of or arising out of the same act or transaction or series of actsor transactions is alleged to exist, whether jointly, severally or in the alternative,where, if separate suits were brought against such persons any common questionof law or fact would arise.4. Judgment may be given without amendment—(a) for such one or more of the plaintiffs as may be found to be entitledto relief for such relief as he or they may be entitled to;(b) against such one or more of the defendants as may be found to beliable according to their respective liabilities.5. It shall not be necessary that every defendant shall be interested as toall the relief claimed in any suit against him.6. The plaintiff may at his option join as parties to the same suit all orany of the persons severally, or jointly and severally liable, on any one contract,including parties to bills of exchange and promissory notes.7. Where the plaintiff is in doubt as to the persons from whom he isentitled to obtain redress, he may join two or more defendants in order that thequestion as to which of the defendants is liable, and to what extent, may bedetermined as between all parties.8. (1) Where numerous persons have the same interest in any proceedings,the proceedings may be commenced, and unless the Court otherwise orders,continued, by or against any one or more of them as representing all or asrepresenting all except one or more of them.(2) The parties shall in such case give notice of the suit to all such personseither by personal service or, where from the number of persons or any other