Order 37, rule 16 of Civil Procedure Rules: Directions
The registrar shall, within thirty days of filing of the Originating Summons and with notice to the parties list it for directions before a judge in chambers.
Civil Procedure Rules in Kenya
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645 resultsOrder 37, rule 17 of Civil Procedure Rules: Procedure
The day and hour of attendance under an originating summons to which an appearance is required to be entered shall after appearance be fixed for hearing in chambers of the judge to whom such summons is assigned.
Order 37, rule 18 of Civil Procedure Rules: Evidence and directions upon hearing of summons
At the time of directions, if the parties do not agree to the correctness and sufficiency of the facts set forth in the summons and affidavit, the judge may order the summons to be supported by such further evidence as he may deem necessary, and may give such directions as he may think just for the…
Order 37, rule 19 of Civil Procedure Rules: Powers of court upon hearing of summons
(1) Where, on an originating summons under this Order, it appears to the court at any stage of the proceedings that the proceedings should for any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may…
Order 37, rule 20 of Civil Procedure Rules: Court may make orders as to costs incurred by any party
If an originating summons is adjourned into court, the judge may, if he deems the question to be determined is of sufficient importance, order that the costs be taxed on the scale applicable to suits. In all other cases the judge may make such orders as to the costs of the parties as he considers ju…
Order 38, rule 1 of Civil Procedure Rules: Staying several suits against the same defendant
Where two or more persons have instituted suits against the same defendant and such persons under rule 1 of Order I could have been joined as co-plaintiffs in one suit, upon the application of any of the parties with notice to all affected parties, the court may, if satisfied that the issues to be t…
Order 38, rule 2 of Civil Procedure Rules: Staying similar suits upon application by defendant
Where a plaintiff has instituted two or more suits, and under rule 3 of Order 1 the several dependants could properly have been joined as co-defendants in one suit, the court, if satisfied upon the application of a defendant that the issues to be tried in the suit to which he is a party are precisel…
Order 39, rule 1 of Civil Procedure Rules: Where defendant may be called upon to furnish security for appearance
Where at any stage of a suit, other than a suit of the nature referred to in paragraphs (a) to (d) of section 12 of the Act, the court is satisfied by affidavit or otherwise— (a) that the defendant with intent to delay the plaintiff, or to avoid any process of the court, or to obstruct or delay the…
Order 39, rule 2 of Civil Procedure Rules: Security
(1) Where the defendant fails to show such cause the court shall order him either to deposit in court money or other property sufficient to answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of the dec…
Order 39, rule 3 of Civil Procedure Rules: Procedure on application by surety to be discharged
(1) A surety for the appearance of a defendant may at any time apply to the court in which he became a surety to be discharged from his obligation. (2) On such application being made the court shall summon the defendant to appear, or, if it thinks fit, may issue a warrant for his arrest in the first…
Order 39, rule 4 of Civil Procedure Rules: Procedure where defendant fails to furnish security or find fresh security
Where the defendant fails to comply with any order under rule 2 or rule 3, the court may commit him to prison until the decision of the suit, or, where a decree is passed against the defendant, until the decree has been satisfied: Provided that— (a) no person shall be detained in prison under this r…
Order 39, rule 5 of Civil Procedure Rules: Where defendant may be called upon to furnish security for production of property
(1) Where at any stage of a suit the court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him— (a) is about to dispose of the whole or any part of his property; or (b) is about to remove the whole o…
Order 39, rule 6 of Civil Procedure Rules: Attachment where cause not shown or security not furnished
(1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the court, the court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in t…
Order 39, rule 7 of Civil Procedure Rules: Mode of making attachment
Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.
Order 39, rule 8 of Civil Procedure Rules: Investigation or claim to property attached before judgment
Where any claim is preferred to property attached before judgment, such claim shall be investigated in the manner hereinbefore provided for the investigation of claims to property attached in execution of a decree for the payment of money.
Order 39, rule 9 of Civil Procedure Rules: Removal of attachment when security furnished or suit dismissed
Where an order is made for attachment before judgment, the court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the costs of the attachment, or when the suit is dismissed.
Order 39, rule 10 of Civil Procedure Rules: Attachment before judgment not to affect rights of strangers nor bar decree holder from applying for sale
Attachment before judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree.
Order 39, rule 11 of Civil Procedure Rules: Property attached before judgment not to be re-attached in execution of decree
Where property is under attachment by virtue of this Order, and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary, upon an application for execution of such decree, to apply for a re-attachment of the property.
Order 40, rule 1 of Civil Procedure Rules: Cases in which temporary injunction may be granted
Where in any suit it is proved by affidavit or otherwise— (a) that any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree; or (b) that the defendant threatens or intends to remove or dispose of his p…
Order 40, rule 2 of Civil Procedure Rules: Injunction to restrain breach of contract or other injury
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a tempora…
Order 40, rule 3 of Civil Procedure Rules: Consequence of breach
(1) In cases of disobedience, or of breach of any such terms, the court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in prison for a term not exceeding six months unless in the meantime…
Order 40, rule 4 of Civil Procedure Rules: Notice of application
(1) Where the court is satisfied for reasons to be recorded that the object of granting the injunction would be defeated by the delay, it may hear the application ex parte. (2) An ex parte injunction may be granted only once for not more than fourteen days and shall not be extended thereafter except…
Order 40, rule 5 of Civil Procedure Rules: Ruling of the court
In all applications for injunction, the court shall, after inter-partes hearing deliver its ruling either at once or within thirty days of the conclusion of the hearing with notice to the parties or their advocates; Provided where the ruling is not delivered within thirty days, the judge shall recor…
Order 40, rule 6 of Civil Procedure Rules: Lapse of injunction
Where a suit in respect of which an interlocutory injunction has been granted is not determined within a period of twelve months from the date of the grant, the injunction shall lapse unless for any sufficient reason the court orders otherwise.
Order 40, rule 7 of Civil Procedure Rules: Order for injunction may be discharged, varied, or set aside
Any order for an injunction may be discharged, or varied, or set aside by the court on application made thereto by any party dissatisfied with such order.
Order 40, rule 8 of Civil Procedure Rules: Injunction against corporation binding on its officers
An injunction directed to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal action it seeks to restrain.
Order 40, rule 9 of Civil Procedure Rules: Power to order interim sale
The court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and…
Order 40, rule 10 of Civil Procedure Rules: Detention, preservation, inspection of property
(1) The court may, on the application of any party to a suit, and on such terms as it thinks fit— (a) make an order for the detention, preservation, or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein; (b) for all or any of the purpos…
Order 40, rule 11 of Civil Procedure Rules: Deposit of money and other deliverables
Where the subject-matter of a suit is money or some other thing capable of delivery, and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court or delivered…
Order 41, rule 1 of Civil Procedure Rules: Appointment of receivers
(1) Where it appears to the court to be just and convenient, the court may by order— (a) appoint a receiver of any property, whether before or after decree; (b) remove any person from the possession or custody of the property; (c) commit the same to the possession, custody or management of the recei…