the civil procedure act - Kenya Law Reports

More documents

Recommendations

Info

90CAP. 21 Civil Procedure [Rev. 2010[Subsidiary][Order 7, rule 12.]Exclusion ofcounterclaim.[Order 7, rule 13.]Discontinuance, stayor dismissal of suit.[Order 7, rule 14.]Judgment forbalance.[Order 7, rule 15.]Defence or set-offfounded on separategrounds.[Order 7, rule 16.]New ground ofdefence.12. Where a defendant sets up a counterclaim, if the plaintiff or any otherperson named in the manner aforesaid as party to such counterclaim contendsthat the claim thereby raised ought not to be disposed of by way of counterclaim,but in an independent suit, he may at any time before reply, apply to the courtfor an order that such counterclaim may be excluded, and the court may, on thehearing of such application, make such order as shall be just.13. If, in any case in which the defendant sets up a counterclaim thesuit of the plaintiff is stayed, discontinued or dismissed, the counterclaim maynevertheless be proceeded with.14. Where in any suit a set-off or counterclaim is established as a defenceagainst the plaintiff’s claim, the court may, if the balance is in favour of thedefendant, give judgment for the defendant for such balance, or may otherwiseadjudge to the defendant such relief as he may be entitled to upon the meritsof the case.15. Where the defendant relies upon several distinct grounds of defenceor set-off founded upon separate and distinct facts, they shall be stated, as faras practicable, separately and distinctly.16. (1) Any ground of defence which has arisen after action brought, butbefore the defendant has delivered his defence and before the time limited forhis doing so has expired, may be raised by the defendant in his defence, eitheralone or together with other grounds of defence; and if, after a defence has beendelivered, any ground of defence arises to any set-off or counterclaim allegedtherein by the defendant, it may be raised by the plaintiff in his reply, eitheralone or together with any other ground of reply.(2) Where any ground of defence arises after the defendant has delivered adefence, or after the time limited for his doing so has expired, the defendant may,and where any ground of defence to any set-off or counterclaim arises after thetime limited for delivering a reply has expired, the plaintiff may, within fourteendays after such ground of defence has arisen or at any subsequent time, by leaveof the court, deliver a further reply, as the case may be, setting forth the same.(3) Whenever any defendant in his defence, or in any further defence asmentioned in subrule (2), alleges any ground of defence which has arisen afterthe commencement of the suit, the plaintiff may deliver a confession of suchdefence, and may make application by summons for his costs up to the time ofpleading of such defence.[Order 7, rule 17.]Subsequentpleadings.after the defence or the last of the defences has been served on to him, unlessthe time is extended.(2) No pleading subsequent to the reply shall be pleaded without leave of
Rev. 2010] Civil Procedure CAP. 21 91(3) Where a counterclaim is pleaded, a defence thereto shall be subjectto the rules applicable to defence.18. (1) Subject to rule 8 all pleadings (including amended pleadings)(2) The court may return the duplicate to an advocate who shall deliverit to the address for service on the opposite party within seven days.[Subsidiary][Order 7, rule 18.]Filing subsequentpleadings.(3) Where the duplicate is not returned to an advocate for delivery thecourt shall deliver it to the address for service or to the opposite party or hisadvocate or representative if he attends at the registry before its delivery.19. (1) A register of documents shall be kept at every registry in whichthe following particulars in respect of each such document shall be entered,namely—[Order 7, rule 19.]Register ofdocuments.(a) the number of the document;(b) the number of the suit to which it relates;(c) the nature of the document;(ddocument shall be date-stamped with the date on which it was so presented20. Documents under this order shall be served in the manner prescribedunder Order 5 of these Rules.[Order 7, rule 20.]Service ofdocuments.ORDER 8AMENDMENT OF PLEADINGS1. (1) A party may, without the leave of the court, amend any of hispleadings once at any time before the pleadings are closed.(2) Where an amended plaint is served on a defendant—[Order 8, rule 1.]Amendment ofpleading withoutleave.(adefence; and(bthe service of the amended plaint whichever is later.
Page 1:
DECARESIS®Décade de résistances
Page 8 and 9:
8 CAP. 21 Civil Procedure[Rev. 2010
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Rev. 2010] Civil Procedure CAP. 21
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40: Rev. 2010] Civil Procedure CAP. 21
Page 89: Rev. 2010] Civil Procedure CAP. 21
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161:
Page 164:
164[Subsidiary][Order 35, rule 4.]P
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237:
show all

the civil procedure act - Kenya Law Reports

Create successful ePaper yourself

Delete template?

Save as template?