Order 23, rule 2 - Attachment of deposits
A credit in a deposit account with a bank or other financial institution shall for the purposes of this Order be a sum due or accruing and shall be attachable accordingly notwithstanding that any of...
Order 23, rule 3 - Effect of garnishee order
Service of an order that debts due to a judgment-debtor liable under a decree shall be attached, or notice thereof to the garnishee in such manner, as the court may direct, shall bind such debts in...
Order 23, rule 4 - Execution against garnishee
If the garnishee does not dispute the debt due or claimed to be due from him to the judgment-debtor, or, if he does not appear upon the day of hearing named in an order nisi, then the court may order...
Order 23, rule 5 - Trial of liability of garnishee
If the garnishee disputes his liability, the court, instead of making an order that execution be levied, may order that any issue or question necessary for determining his indebtedness be tried and...
Order 23, rule 6 - Claim of third person
Whenever in any proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or...
Order 23, rule 7 - Trial of claim of third person
After hearing the allegations of any third person under such order, as in rule 6 mentioned, or of any other person who by the same or any subsequent order the court may order to appear, or in case of...
Order 23, rule 10 - Costs of proceedings
The costs of any application for an attachment of debts and of any proceedings arising from or incidental to such application, shall be in the discretion of the court, and the costs of the...
Order 25, rule 1 - Withdrawal by plaintiff
At any time before the setting down of the suit for hearing the plaintiff may by notice in writing, which shall be served on all parties, wholly discontinue his suit against all or any of the...
Order 25, rule 2 - Discontinuance
(1) Where a suit has been set down for hearing it may be discontinued, or any part of the claim withdrawn, upon the filing of a written consent signed by all the parties.
(2) Where a suit has been...
Order 25, rule 3 - Costs
Upon request in writing by any defendant the registrar shall sign judgment for the costs of a suit which has been wholly discontinued, and any defendant may apply at the hearing for the costs of any...
Order 25, rule 4 - Stay of subsequent suit
If any subsequent suit shall be brought before payment of the costs of a discontinued suit, upon the same, or substantially the same cause of action, the court may order a stay of such subsequent suit...
Order 25, rule 5 - Compromise of a suit
(1) Where it is proved to the satisfaction of the court, and the court after hearing the parties directs, that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or...
Order 26, rule 1 - Security for costs
In any suit the court may order that security for the whole or any part of the costs of any defendant or third or subsequent party be given by any other party.
Order 26, rule 2 - Application before defence
If an application for security for costs is made before a defence is filed, there shall be filed with the application an affidavit setting out the grounds of the defence together with a statement of...
Order 26, rule 3 - Where two or more defendants
Where it appears to the court that the substantial issue is which of two or more defendants is liable or what proportion of liability two or more defendants should bear no order for security for costs...
Order 26, rule 4 - Claims by non-resident plaintiff
In any suit brought by a person not residing in Kenya, if the claim is founded on a bill of exchange or other negotiable instrument or on a judgment or order of a foreign court, any order for security...
Order 26, rule 6 - Investment of security
(1) Where security by payment has been ordered, the party ordered to pay may make payment to a bank or a reputable financial institution in the joint names of himself and the defendant or in the names...
Order 27, rule 1 - Payment into court
(1) In any suit for a debt or damages any defendant may at any time after appearance upon notice to the plaintiff pay into court a sum of money in satisfaction of the claim or (where several causes of...
Order 27, rule 2 - Acceptance of payment
(1) Where money is paid into court under rule 1 the plaintiff may, within fourteen days of the receipt of notice thereof, or where more than one payment has been made, within fourteen days of the...
Order 27, rule 3 - Money remaining in court
If money paid into court is not accepted in accordance with rule 2 (1) the money remaining in court shall not be paid out except by consent or in pursuance of an order of the court, which may be made...
Order 27, rule 8 - Investment of payment
(1) In place of payment into court as provided by the foregoing rules the defendant may make payment to a bank or a reputable financial institution in the joint names of himself and the plaintiff or...
Order 28, rule 8 - Procedure of commissioner
(1) The commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed...
Order 28, rule 9 - Examination of accounts
On the application of any party or of its own motion in any suit in which the examination of accounts is necessary or desirable, the court may refer the accounts for examination to such person as it...