Order 5, rule 24 of Civil Procedure Rules: Probate and marriage suits
In probate, Mohammedan or Hindu marriage, divorce and succession suits, service of a summons or notice of a summons may by leave of the court be allowed out of Kenya.
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7,070 resultsOrder 5, rule 25 of Civil Procedure Rules: Application to be supported by evidence
Every application for leave to serve such summons or notice on a defendant out of Kenya shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be fo…
Order 5, rule 26 of Civil Procedure Rules: Order to fix time for entering appearance
Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which such defendant is to enter an appearance; such time to depend on the place or country where or within which the summons is to be served, or the notice given.
Order 5, rule 27 of Civil Procedure Rules: Service where defendant resides out of Kenya
Where leave to serve a summons or notice of summons out of Kenya has been granted under rule 21, and the defendant is a Commonwealth citizen as defined in subsections (1) and (2) of section 95 of the Constitution or resides in any of the countries for the time being mentioned in subsection (3) of th…
Order 5, rule 28 of Civil Procedure Rules: Notice in lieu of summons
(1) Where the defendant is neither a Commonwealth citizen as aforesaid nor resides in any of the countries referred to in rule 27, notice of the summons and not the summons itself shall be served upon him. (2) Notice of summons shall be in Form No. 6 of Appendix A with such variations as the circums…
Order 5, rule 29 of Civil Procedure Rules: Service of notice of summons in a foreign country
Where leave is given to serve notice of summons in a foreign country to which this rule may by order of the Chief Justice from time to time be applied, the following procedure shall be adopted— (a) the notice to be served shall be sealed with the seal of the High Court for use out of Kenya, and shal…
Order 5, rule 30 of Civil Procedure Rules: Extension of procedure to any order or notice
The court may direct that any summons, order or notice shall be served on any party or person in a foreign country, and the procedure prescribed by rule 27, with reference to service of notice of a summons, shall apply to service of any summons, order or notice so directed to be served.
Order 5, rule 31 of Civil Procedure Rules: Application to Government
Rules 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 shall apply in the case of civil proceedings by the Government but shall not apply in the case of civil proceedings against the Government.
Order 5, rule 32 of Civil Procedure Rules: Procedure
Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in Kenya of any process or citation in such matter is transmitted to the High Court, with an intimation that it is desirable that…
Order 5, rule 33 of Civil Procedure Rules: General powers of the court
Upon the application of the Attorney-General the court may make all such orders for substituted service or otherwise as may be necessary to give effect to rule 32.
Order 5, rule 34 of Civil Procedure Rules: Request for service from foreign country
Where in any civil or commercial matter pending before a court or tribunal in any foreign country with which a Convention in that behalf has been or shall be made and applied to Kenya, a request for service of any document on a person in Kenya is received by the Registrar of the High Court from the…
Order 6, rule 1 of Civil Procedure Rules: Time for appearance
Where a defendant has been served with summons to appear, he shall unless some order be made by the court, file his appearance within the time prescribed in the summons.
Order 6, rule 2 of Civil Procedure Rules: Mode of appearance
(1) Appearance shall be effected by delivering or sending by post to the proper officer a memorandum of appearance in triplicate in Form No. 12 Appendix A with such variation as the circumstances require, signed by the advocate by whom the defendant appears or, if the defendant appears in person, by…
Order 6, rule 3 of Civil Procedure Rules: Defendant’s address for service
(1) The advocates of the defendant shall state in the memorandum of appearance the addresses for service being the place of business within Kenya and postal address. (2) A defendant appearing in person shall state in the memorandum of appearance his addresses for service being either his place of re…
Order 6, rule 4 of Civil Procedure Rules: Irregular memorandum, address fictitious
If the memorandum of appearance does not contain an address for service within Kenya it shall not be filed; and if any address given is illusory or fictitious the appearance may be set aside on the application of the plaintiff.
Order 6, rule 5 of Civil Procedure Rules: Defendants appearing by same advocate
If two or more defendants appear in the same suit by the same advocate and at the same time, the names of all the defendants so appearing shall be inserted in the same memorandum of appearance.
Order 6, rule 6 of Civil Procedure Rules: Delivery of documents to address for service
(1) Documents may either be delivered by hand or by licensed courier service provider approved by the court to the address for service or may be posted to it. (2) Where delivery is disputed a certificate of posting or other evidence of delivery shall be filed.
Order 7, rule 1 of Civil Procedure Rules: Defence
Where a defendant has been served with a summons to appear he shall, unless some other or further order be made by the court, file his defence within fourteen days after he has entered an appearance in the suit and serve it on the plaintiff within fourteen days from the date of filing the defence an…
Order 7, rule 2 of Civil Procedure Rules: Defence of tender
Where in any suit a defence of tender before action is pleaded the defendant shall pay into court, in accordance with Order 27, the amount alleged to have been tendered, and the tender shall not be available as a defence unless and until payment into court has been made.
Order 7, rule 3 of Civil Procedure Rules: Set-off and counterclaim
A defendant in a suit may set-off, or set-up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and whether it is for a liquidated or unliquidated amount, and such set-off or counterclaim shall have the same e…
Order 7, rule 4 of Civil Procedure Rules: Set-off or counterclaim in proceedings by Government
Notwithstanding anything contained in rule 2, a person shall not be entitled to avail himself of any set-off or counterclaim in any proceedings by the Government for the recovery of taxes, duties or penalties, or to avail himself in proceedings by the Government of any other nature of any set-off or…
Order 7, rule 5 of Civil Procedure Rules: Documents to accompany defence or counterclaim
The defence and counterclaim filed under rule 1 and 2 shall be accompanied by— (a) an affidavit under Order 4 rule 1(2) where there is a counterclaim; (b) a list of witnesses to be called at the trial; (c) written statements signed by the witnesses except expert witnesses; and (d) copies of document…
Order 7, rule 6 of Civil Procedure Rules: Persons in representative capacity
If either party wishes to deny the right of any other party to claim as executor or as trustee whether in bankruptcy or otherwise, or in any representative or other alleged capacity or the alleged constitution of any partnership firm, he shall deny the same specifically.
Order 7, rule 7 of Civil Procedure Rules: Pleading a counterclaim
Where any defendant seeks to rely upon any grounds as supporting a right of counterclaim, he shall, in his statement of defence, state specifically that he does so by way of counterclaim.
Order 7, rule 8 of Civil Procedure Rules: Title of counterclaim
Where a defendant by his defence sets up any counterclaim which raises questions between himself and the plaintiff, together with any other person or persons, he shall add to the title of his defence a further title similar to the title in a plaint, setting forth the names of all persons who, if suc…
Order 7, rule 9 of Civil Procedure Rules: Claim against person not party
Where any such person as is mentioned in rule 8 is not a party to the suit, he shall be summoned to appear by being served with a copy of the defence, which shall be served in accordance with the rules for regulating service of summons.
Order 7, rule 10 of Civil Procedure Rules: Appearance by added parties
Any person not already a party to the suit who is served with a defence and counterclaim as aforesaid must appear thereto as if he had been served with a summons to appear in the suit.
Order 7, rule 11 of Civil Procedure Rules: Reply to counterclaim
Any person named in a defence as a party to a counterclaim thereby made may, unless some other or further order is made by the court, deliver a reply within fifteen days after service upon him of the counterclaim and shall serve a copy thereof on all parties to the suit.
Order 7, rule 12 of Civil Procedure Rules: Exclusion of counterclaim
Where a defendant sets up a counterclaim, if the plaintiff or any other person named in the manner aforesaid as party to such counterclaim contends that 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…
Order 7, rule 13 of Civil Procedure Rules: Discontinuance, stay or dismissal of suit
If, in any case in which the defendant sets up a counterclaim the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.