the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 774. Where the plaintiff sues in a representative capacity the plaint shall statethe capacity in which he sues and where the defendant is sued in a representativecapacity the plaint shall state the capacity in which he is sued, and in both casesit shall be stated how that capacity arises.5. The plaint shall show that the defendant is or claims to be interestedin the subject-matter, and that he is liable to be called upon to answer theplaintiff’s demand.[Subsidiary]Where the subjectmatterof the suit isimmovable property.[Order 4, rule 4.]Capacity of parties.[Order 4, rule 5.]Defendant’s interestand liability to beshown.costs, interest or general or other relief which may always be given as the courtdeems just, whether or not it could have been asked for or granted when the suit[Order 4, rule 6.]Statement of reliefclaimed.7. Where the plaintiff seeks relief in respect of several distinct claimsor causes of action founded upon separate and distinct grounds, they shall bestated as far as may be, separately and distinctly.8. The plaintiff shall present as many copies of the plaint as there aredefendants.9. (1) The plaint may at any stage of the suit be returned to be presentedto the court in which the suit should have been instituted.[Order 4, rule 7.]Relief founded onseparate grounds.[Order 4, rule 8.]Copies of plaint.[Order 4, rule 9.]Return of plaint.(2) On returning a plaint the judge shall endorse thereon the date of itspresentation and return, the name of the party presenting it and a brief statementof the reasons for returning it.ORDER 5ISSUE AND SERVICE OF SUMMONS[Order 5, rule 1.]Issue of summons.by the judge and shall be sealed with the seal of the court without delay, and in(3) Every summons shall be accompanied by a copy of the plaint.