the civil procedure act - Kenya Law Reports

72[Subsidiary][Order 2, rule 11.]Admissions anddenials.CAP. 21 Civil Procedure [Rev. 2010shall form part of the pleadings.11.(1) Subject to subrule (4), any allegation of fact made by a party inhis pleading shall be deemed to be admitted by the opposing party unless itis traversed by that party in his pleading or a joinder of issue under rule 10operates as a denial of it.(2) A traverse may be made either by denial or by a statement of nonadmissionand either expressly or by necessary implication.(3) Subject to subrule (4), every allegation of fact made in a plaint orcounterclaim which the party on whom it is served does not intend to admit shalla general denial of such allegations, or a general statement of non-admission(4) Any allegation that a party has suffered damage and any allegationas to the amount of damages shall be deemed to have been traversed unless[Order 2, rule 12.]Denial by joinder ofissue.12. (1) If there is no reply to a defence, there is a joinder of issue onthat defence.(2) Subject to subrule (3)—(a) there is at the close of pleadings a joinder of issue on the pleading(b) a party may in his pleading expressly join issue on the immediatelypreceding pleading.(3) There can be no joinder of issue on a plaint or counterclaim.(4) A joinder of issue operates as a denial of every material allegationof fact made in the pleading on which there is a joinder of issue unless, in thecase of an express joinder of issue, any such allegation is excepted from thejoinder and is stated to be admitted, in which case the express joinder of issueoperates as a denial of every other such allegation.[Order 2, rule 13.]Close of pleadings.[Order 2, rule 14.]Technical objection.[Order 2, rule 15.]Striking outpleadings.13. The pleadings in a suit shall be closed fourteen days after service ofthe reply or defence to counterclaim, or, if neither is served, fourteen days afterservice of the defence, notwithstanding that any order or request for particularshas been made but not complied with.14. No technical objection may be raised to any pleading on the groundof any want of form.15. (1) At any stage of the proceedings the court may order to be struckout or amended any pleading on the ground that—