the civil procedure act - Kenya Law Reports

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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.
Rev. 2010] Civil Procedure CAP. 21 85[Subsidiary]29. Where leave is given to serve notice of summons in a foreign countryto which this rule may by order of the Chief Justice from time to time be applied,the following procedure shall be adopted—(a) the notice to be served shall be sealed with the seal of the Highto the Minister for the time being responsible for Foreign Affairstogether with a copy thereof translated into the language of thecountry in which service is to be effected, and with a request for thefurther transmission of the same through the diplomatic channel tothe Government of the country in which leave to serve notice of thesummons has been given; and such request shall be in Form No. 7of Appendix A with such variations as circumstances may require;[Order 5, rule 29.]Service of notice ofsummons in a foreigncountry.(b) the party bespeaking a copy notice of summons for service underForm No. 8 of Appendix A;(c transmitted through the diplomatic channel by the government orcourt of a foreign country to which this rule applies, to the Highsummons to have been personally served, or to have been dulyserved upon the defendant in accordance with the law of such these Rules in that behalf;(dCourt in the manner provided in paragraph (cthat efforts to serve a notice of summons have been without effect,the court may, upon the ex parte application of the plaintiff, orderthat the plaintiff be at liberty to bespeak a request for substitutedservice of such notice; and such order shall be in Form No. 9 ofAppendix A, with such variations as circumstances may require;(e) a request for substituted service of a notice of summons underthis rule may be bespoken by the plaintiff at the department where Appendix A, and the notice of summons and copy of the same,and the order, shall be sealed and transmitted to the Minister inthe manner aforesaid together with a request in Form No. 10 ofAppendix A, with such variations as circumstances may require.30. The court may direct that any summons, order or notice shall be servedon any party or person in a foreign country, and the procedure prescribed byrule 27, with reference to service of notice of a summons, shall apply to serviceof any summons, order or notice so directed to be served.[Order 5, rule 30.]Extension ofprocedure to anyorder or notice.
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