the civil procedure act - Kenya Law Reports

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86[Subsidiary][Order 5, rule 31.]Application toGovernment.CAP. 21 Civil Procedure [Rev. 201031. Rules 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 shall apply in the caseof civil proceedings by the Government but shall not apply in the case of civilproceedings against the Government.[Order 5, rule 32.]Procedure.32. Where in any civil or commercial matter pending before a court ortribunal of a foreign country a letter of request from such court or tribunal fortransmitted to the High Court, with an intimation that it is desirable that effectshould be given to the same, the following procedure shall be adopted—(a) the letter or request for service shall be accompanied by a translationthereof in the English language, and by two copies of the process ofcitation to be served, and two copies thereof in the English language;(b) service shall be effected by delivering to and leaving with theperson to be served one copy of the process to be served, and onecopy of the translation thereof, in accordance with the rules and(c) after service has been effected the process server shall return tothe Registrar of the High Court one copy of the process togethercost of effecting such service;(d) the particulars of charges for the cost of effecting service shall besubmitted to the Registrar of the High Court, who shall certify thecorrectness of the charges, or such other amount as shall be properlypayable for the cost of effecting service;(e) the Registrar shall return the letter of request for service receivedfrom the foreign country, together with the evidence of service withForm No. 11 of Appendix A.[Order 5, rule 33.]General powers ofthe court.[Order 5, rule 34.]Request for servicefrom foreign country.33. Upon the application of the Attorney-General the court may makeall such orders for substituted service or otherwise as may be necessary to giveeffect to rule 32.34. Where in any civil or commercial matter pending before a court ortribunal in any foreign country with which a Convention in that behalf has beenconsular or other authority of such country, the following procedure shall,subject to any special provisions contained in the Convention, be adopted—(a) the service shall be effected by the delivery of the original or acopy of the document, as indicated in the request, and the copy of
Rev. 2010] Civil Procedure CAP. 21 87the translation, to the party or person to be served in person by theprocess server;[Subsidiary](b) no court fees shall be charged in respect of the service, and theservice shall be submitted to the Registrar of the High Court, whoshall certify the amount properly payable in respect thereof;ORDER 6APPEARANCE OF PARTIES1. Where a defendant has been served with summons to appear, he shallprescribed in the summons.2. (1) Appearance shall be effected by delivering or sending by post toAppendix A with such variation as the circumstances require, signed by theadvocate by whom the defendant appears or, if the defendant appears in person,by the defendant or his recognised agent.(2) On receipt of the memorandum of appearance as required undercopies thereof with the court stamp showing the date on which they werereceived and—(a stamped copies to the person appearing, or(b) if they were sent by post, he shall send one copy by post tothe plaintiff’s address for service and one copy by post to thedefendant’s address for service.(3) Where the defendant appears by delivering the memorandum ofappearance as required under subrule (1) he shall within seven days from thedate on which he appears serve a copy of the memorandum of appearance upon(4) Where a defence contains the information required by rule 3 it shallwhere necessary be treated as an appearance.3. (1) The advocates of the defendant shall state in the memorandum ofand postal address.(2) A defendant appearing in person shall state in the memorandum ofappearance his addresses for service being either his place of residence or hisplace of business and his postal address, and if he has neither residence nor[Order 6, rule 1]Time for appearance.[Order 6, rule 2.]Mode of appearance.[Order 6, rule 3.]Defendant’s addressfor service.
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