the civil procedure act - Kenya Law Reports

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74CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](a) the complexity of the issues of fact, law or evidence;(b(c) the likely expense to the parties;(d) the importance of issues of law or fact to the public;(e) the nature of the remedy sought;(f) the number of parties or prospective parties; and(g) the time required for pre-trial disclosures and for preparation fortrial or hearing;[Order 3, rule 2.]Documents toaccompany suit.except small claims, shall be accompanied by—(a(b) a list of witnesses to be called at the trial;(c) written statements signed by the witnesses excluding expertwitnesses; and(d) copies of documents to be relied on at the trial including a demandletter before action:Provided that statement under sub rule (c) may with leave of court be[Order 3, rule 3.]Register of civil3. (1) A register of suits, to be called the register of civil suits, shall bebe entered in the register and all such suits shall be numbered in each yearaccording to the order in which they are instituted in that registry.date-stamped with the date on which it was so presented which shall be the date[Order 3, rule 4.]Suit to include thewhole claim.4. (1) Every suit shall include the whole of the claim which the plaintiff isentitled to make in respect of the cause of action; but a plaintiff may relinquishany portion of his claim.(2) Where a plaintiff omits to sue in respect of or relinquishes any portionof his claim, he shall not afterwards sue in respect of the portion omitted orrelinquished.(3) A person entitled to more than one relief in respect of the same cause
Rev. 2010] Civil Procedure CAP. 21 75of action may sue for all or any of such reliefs; but if he omits, except withthe leave of the court, to sue for all such reliefs he shall not afterwards sue forany relief so omitted.5. (1) Save as otherwise provided, a plaintiff may unite in the same suitseveral causes of action against the same defendant or the same defendantsjointly; and any plaintiffs having causes of action in which they are jointlyinterested against the same defendant or the same defendants jointly may unitesuch causes of action in the same suit.[Subsidiary][Order 3, rule 5.]Joinder of causes ofaction.(2) Where causes of action are united, the jurisdiction of the court asregards the suit shall depend on the amount or value of the aggregate of thesubject-matters at the date of instituting the suit.6. No cause of action shall, except with the leave of the court, be joinedwith a suit for the recovery of immovable property, except—(aclaimed or any part thereof;[Order 3, rule 6.]Only certain claimsto be joined with asuit for recovery ofimmovable property.(b) claims for damages for breach of any contract under which theproperty or any part thereof is held;(c) claims for damages for any wrong or injury to the premisesclaimed; and(d) claims in which the relief sought is based on the same cause ofaction:Provided that nothing in this rule shall prevent any party in a suit forforeclosure or redemption from asking to be put into possession of the mortgagedproperty, and such suit for foreclosure or redemption and for such delivery ofpossession shall not be deemed a suit for the recovery of immovable propertywithin the meaning of this rules.7. No claim by or against an executor or administrator, as such, shall bejoined with claims by or against him personally, unless the last-mentioned claimsare alleged to arise with reference to the estate in respect of which the plaintiffor defendant sues or is sued as executor or administrator, or are such as he wasentitled to, or liable for, jointly with the deceased person whom he represents.8. Where it appears to the court that any causes of action joined in onesuit cannot be conveniently tried or disposed of together, the court may eitheron the application of any party or of its own motion order separate trials or maymake such order as may be expedient.9. No suit shall be open to objection on the ground that a merelydeclaratory judgment or order is sought thereby, and the court may make abinding declaration of right whether any consequential relief is or could beclaimed or not.[Order 3, rule 7.]Claims by oragainst executor,administrator or heir.[Order 3, rule 8.]Power of court toorder separate trials.[Order 3, rule 9.]Declaratoryjudgment.
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