the civil procedure act - Kenya Law Reports

98[Subsidiary][Order 10, rule 7.]Interlocutoryjudgment whereseveral defendants.[Order 10, rule 8.]Judgment indefault against theGovernment.[Order 10, rule 9.]General rule whereno appearanceentered.[Order 10, rule 10.]Default of defence.[Order 10, rule 11.]Setting asidejudgment.CAP. 21 Civil Procedure [Rev. 2010A, enter interlocutory judgment against such defendant, and the plaintiff shallset down the suit for assessment by the court of the damages or the value ofthe goods and damages as the case may be.7. Where the plaint is drawn as mentioned in rule 6 and there are severaldefendants of whom one or more appear and any other fails to appear, the courtshall, on request in Form No. 13 of Appendix A, enter interlocutory judgmentagainst the defendant failing to appear, and the damages or the value of the goodsand the damages, as the case may be, shall be assessed at the same time as thehearing of the suit against the other defendants, unless the court otherwise orders.8. No judgment in default of appearance or pleading may be enteredagainst the Government without the leave of the court and any application forleave shall be served not less than seven days before the return day.by this Order, where any party served does not appear the plaintiff may setdown the suit for hearing.10. The provisions of rules 4 to 9 inclusive shall apply with any necessary11. Where judgment has been entered under this Order the court mayset aside or vary such judgment and any consequential decree or order uponsuch terms as are just.ORDER 11PRE-TRIAL DIRECTIONS AND CONFERENCES[Order 11, rule 1.]Application.[Order 11, rule 2.]Pretrial questionnaire.[Order 11, rule 3.]Case Conference.1. This Order shall apply to all suits except small claims or such othersuits as the court may by order exempt from this requirement.2. After the close of the pleadings parties shall within ten days complete,3. (1) With a view to furthering expeditious disposal of cases and casemanagement the court shall within thirty days after the close of pleadingsconvene a Case Conference in which it shall—(a) consider compliance with Order 3 rule 2 and Order 7 rule 5;(b) identify contested and uncontested issues;(c) explore methods to resolve the contested issues;(devents in the proceedings;