the civil procedure act - Kenya Law Reports

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96[Subsidiary]party.CAP. 21 Civil Procedure [Rev. 2010of change of advocate or notice of intention to act in person in accordance withthis Order, any other party to the cause or matter may, on notice to be servedlast-known place of address, unless the Court otherwise directs, apply to theCourt for an order declaring that the advocate has ceased to be the advocatean order accordingly.(2) Where the order is made, the party applying for the order shall serve onevery other party to the cause or matter (not being a party in default as to entryof appearance) a copy of the said order and procure the order to be entered inby the applicant or his advocate that the order has been duly served as aforesaid;advocate or else gives such an address for service as is required of a party actingin person, and complies with this Order relating to notice of appointment of anadvocate or notice of intention to act in person, any document may be served(3) Any order made under this rule shall not affect the rights of theadvocate and the party for whom he acted as between themselves.[Order 9, rule 13.]Withdrawal ofadvocate who hasceased to act for aparty.13. (1) Where an advocate who has acted for a party in a cause or matterhas ceased so to act and the party has not given notice of change in accordancewith this Order, the advocate may on notice to be served on the party personallyor by prepaid post letter addressed to his last- known place of address, unlessthe court otherwise directs, apply to the court by summons in chambers for anorder to the effect that the advocate has ceased to be the advocate acting forthe party in the cause or matter, and the court may make an order accordingly:Provided that, unless and until the advocate has—(a) served on every party to the cause or matter (not being a party indefault as to entry of appearance) or served on such parties as thecourt may direct a copy of the said order; and(b) procured the order to be entered in the appropriate court; and(cbeen duly served as aforesaid,he shall (subject to this Order) be considered the advocate of the party to the(2) From and after the time when the order has been entered in theappropriate court, any document may be served on the party to whom theeither appoints another advocate or else gives such an address for service as isrequired of a party acting in person, and also complies with this Order relatingto notice of appointment of an advocate or notice of intention to act in person.
Rev. 2010] Civil Procedure CAP. 21 97(3) Any order made under this rule shall not affect the rights of theadvocate and the party as between themselves.[Subsidiary]ORDER 10CONSEQUENCE OF NON-APPEARANCE, DEFAULT OF DEFENCE ANDFAILURE TO SERVE1. (1) Where no appearance has been entered for a defendant who is aninfant or person of unsound mind, before proceeding further the plaintiff shallapply to the court for an order that some proper person be assigned guardianof such defendant by whom he may appear and defend the suit.[Order 10, rule 1.]Suits against infantsand persons ofunsound mind.(2) No order may be made under sub-rule (1) unless the summons hasbeen served and Order 32 rule 3 (4) has been complied with, unless the courtotherwise orders.2. Where any defendant fails to appear and the plaintiff wishes to proceedunless the summons has been served by a process-server appointed by the court.3. Where a defendant fails to serve either the memorandum of appearanceor defence within the prescribed time, the court may on its own motion oron application by the plaintiff, strike out the memorandum of appearancecircumstances.4. (1) Where the plaint makes a liquidated demand only and the defendantfail so to appear, the court shall, on request in Form No. 13 of Appendix A, enterjudgment against the defendant or defendants for any sum not exceeding thesuch rate as the court thinks reasonable, to the date of the judgment, and costs.(2) Where the plaint makes a liquidated demand together with some otherclaim, and the defendant fails, or all the defendants fail, to appear as aforesaid,the Court shall, on request in Form No. 13 of Appendix A, enter judgment forthe liquidated demand and interest thereon as provided by sub-rule (1) but theaward of costs shall await judgment upon such other claim.[Order 10, rule 2.]uponnon- appearance.[Order 10, rule 3.]Failure to serve.[Order 10, rule 4.]Judgment upon aliquidated demand.5. Where the plaint makes a liquidated demand with or without some otherclaim, and there are several defendants of whom one or more appear and anyother fails to appear, the court shall, on request in Form No. 13 of Appendix A,enter judgment against any defendant failing to appear in accordance with rule4, and execution may issue upon such judgment and decree without prejudiceto the plaintiff’s right to proceed with the action against such as have appeared.6. Where the plaint is drawn with a claim for pecuniary damages only orfor detention of goods with or without a claim for pecuniary damages, and anydefendant fails to appear, the court shall, on request in Form No. 13 of Appendix[Order 10, rule 5.]Liquidated demandagainst severaldefendants.[Order 10, rule 6.]Interlocutoryjudgment.
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