the civil procedure act - Kenya Law Reports

84CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](3) Nothing in this rule shall affect any practice or power of the courtunder which, when lands, funds, choses in action, rights or property withinthe jurisdiction are sought to be dealt with or affected, the court may (withoutaffecting to exercise jurisdiction over any person out of the jurisdiction) causesuch person to be informed of the nature or existence of the proceedings with aview to such person having an opportunity of claiming, opposing, or otherwiseintervening.[Order 5, rule 23.]Service undercontract.23. Without prejudice to the other rules in this Order, where—(a) leave to serve a summons or notice of a summons or other processhas been allowed under rule 21 or 22; and(b) the contract provides that in the event of any suit in respect ofthe contract being begun, the process by which it is begun may beserved on a defendant, or on such other person on his behalf as isin that suit may be served as provided in the contract.[Order 5, rule 24.]Probate and marriagesuits.[Order 5, rule 25.]Application tobe supported byevidence.[Order 5, rule 26.]entering appearance.[Order 5, rule 27.]Service wheredefendant resides out[Order 5, rule 28.]Notice in lieu ofsummons.24. In probate, Mohammedan or Hindu marriage, divorce and successionsuits, service of a summons or notice of a summons may by leave of the court25. Every application for leave to serve such summons or notice on athat in the belief of the deponent the plaintiff has a good cause of action, andshowing in what place or country such defendant is or probably may be found,and whether such defendant is a Commonwealth citizen or a British protectedperson or not, and the grounds on which the application is made; and no such26. Any order giving leave to effect such service or give such noticeshall limit a time after such service or notice within which such defendant isto enter an appearance; such time to depend on the place or country where orwithin which the summons is to be served or the notice given.has been granted under rule 21, and the defendant is a Commonwealth citizenin any of the countries for the time being mentioned in subsection (3) of thatsection, the summons shall be served in such manner as the Court may direct.28. (1) Where the defendant is neither a Commonwealth citizen asaforesaid nor resides in any of the countries referred to in rule 27, notice of thesummons and not the summons itself shall be served upon him.(2) Notice of summons shall be in Form No. 6 of Appendix A with suchvariations as the circumstances require.