the civil procedure act - Kenya Law Reports

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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
Rev. 2010] Civil Procedure CAP. 21 65cause such service is not reasonably practicable, by public advertisement, asthe court in each case may direct.[Subsidiary]defended under subrule (1) may apply to the court to be made a party to such suit.9. No suit shall be defeated by reason of the misjoinder or non- joinderof parties, and the court may in every suit deal with the matter in controversyso far as regards the rights and interests of the parties actually before it.[Order 1, rule 9.]Misjoinder andnon- joinder.10. (1) Where a suit has been instituted in the name of the wrong personsas plaintiff, or where it is doubtful whether it has been instituted in the namethe determination of the real matter in dispute to do so, order any other person(2) The court may at any stage of the proceedings, either upon or withoutthe application of either party, and on such terms as may appear to the court tobe just, order that the name of any party improperly joined, whether as plaintiffor defendant, be struck out, and that the name of any person who ought to havebeen joined, whether as plaintiff or defendant, or whose presence before thecourt may be necessary in order to enable the court effectually and completelyto adjudicate upon and settle all questions involved in the suit, be added.(3) No person shall be added as a plaintiff suing without a next friendor as the next friend of a plaintiff under any disability without his consent inwriting thereto.(4) Where a defendant is added or substituted, the plaint shall, unless thecourt otherwise directs, be amended in such manner as may be necessary, andamended copies of the summons and of the plaint shall be served on the new[Order 1, rule 10.]Substitution andaddition of parties.11. In respect of civil proceedings by or against the Government, thisOrder shall have effect subject to section 12 of the Government ProceedingsAct (which relates to parties to such proceedings).12. The court may give the conduct of the suit to such person as it deemsproper.13. (1) Where there are more plaintiffs than one, any one or more ofthem may be authorized by any other of them to appear, plead or act for suchother in any proceeding, and in like manner, where there are more defendantsthan one, any one or more of them may be authorized by any other of them toappear, plead or act for such other in any proceeding.[Order 1, rule 11]Governmentproceedings.[Order 1, rule12.]Conduct of suit.[Order 1, rule 13.]Appearance of one ofseveral plaintiffsor defendants forothers.(2) The authority shall be in writing signed by the party giving it and14. Any application to add or strike out or substitute a plaintiff or[Order 1, rule 14.]
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