the civil procedure act - Kenya Law Reports

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68[Subsidiary][Order 1, rule 22.]Appearance of thirdparty and directions.[Order 1, rule 23.]Costs.[Order 1, rule 24.]Defendant claimingagainst a codefendant.CAP. 21 Civil Procedure [Rev. 2010trial, the court may, upon application ex partejudgment as the nature of the case may require to be entered for the defendantgiving the notice against the third party at any time after satisfaction by thedefendant of the decree obtained by the plaintiff against him.22. If a third party enters an appearance pursuant to the third- partynotice, the defendant giving the notice may apply to the court by summonsin chambers for directions, and the court upon the hearing of such applicationthe third party, order the question of such liability as between the third partyand the defendant giving the notice, to be tried in such manner, at or after thejudgment as the nature of the case may require to be entered in favour of thedefendant giving the notice against the third party.23. The court may decide all questions of costs between a third partyand the other parties to the suit, and may make such orders as to costs as thejustice of the case may require.24. (1) Where a defendant desires to claim against another person whois already a party to the suit—(a) that he is entitled to contribution or indemnity; or(b) that he is entitled to any relief or remedy relating to or connectedwith the original subject-matter of the action which is substantiallythe same as some relief or remedy claimed by the plaintiff; or(c) that any question or issue relating to or connected with the saidsubject-matter is substantially the same as some question or issuearising between the plaintiff and the defendant and should properlybe determined not only as between the plaintiff and the defendantbut as between the plaintiff and the defendant and such other personor between any or either of them,the defendant may without leave issue and serve on such other person a noticemaking such claim or specifying such question or issue.(2) No appearance to such notice shall be necessary but there shallbe adopted for the determination of such claim, question or issue the sameprocedure as if such other person were a third party under this Order.[Order 1, rule 25.]Procedure.(3) Nothing contained in this rule shall operate or be construed so as toprejudice the rights of the plaintiff against any defendant to the action.25. Applications under rules 10 and 19 may be made orally in Court orby summons in chamber.
Rev. 2010] Civil Procedure CAP. 21 69ORDER 2[Subsidiary]PLEADINGS GENERALLY1. (1) Every pleading in civil proceedings including proceedings againstthe Government shall contain information as to the circumstances in which itis alleged that the liability has arisen and, in the case of the Government, the[Order 2, rule 1.]Pleadings generally.(2) In such proceedings if the defendant considers that the pleading doesbefore the time limited by the summons for appearance has expired, by notice(3) Where such a notice has been given, the time for appearance shallplaintiff by chamber summons served on the defendant not less than seven daysbefore the return day, decided that no further information is reasonably required.2. (1) Every pleading shall be divided into paragraphs numberedconsecutively, each allegation being so far as appropriate contained in a separateparagraph.[Order 2, rule 2.]Formal requirements.not words.3. (1) Subject to the provisions of this rule and rules 6, 7 and 8, everypleading shall contain, and contain only, a statement in a summary form of thematerial facts on which the party pleading relies for his claim or defence, butnot the evidence by which those facts are to be proved, and the statement shallbe as brief as the nature of the case admits.[Order 2, rule 3.]Facts not evidence, tobe pleaded.(2) Without prejudice to subrule (1), the effect of any document or thepurport of any conversation referred to in the pleading shall, if material, bebe stated, except in so far as those words are themselves material.(3) A party need not plead any fact if it is presumed by law to be true orthe burden of disproving it lies on the other party, unless the other party has(4) A statement that a thing has been done or that an event has occurred,being a thing or an event the doing or occurrence of which constitutes a conditionprecedent necessary for the case of a party shall be implied in his pleading.4. (1) A party shall in any pleading subsequent to a plaint plead inevitable accident, act of God, any relevant Statute of limitation or any factshowing illegality—[Order 2, rule 4.]Matters whichpleaded.
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