Act No: CAP. 21
Act Title: CIVIL PROCEDURE
SUBSIDIARY LEGISLATION
Arrangement of Sections
CIVIL PROCEDURE RULES

ARRANGEMENT OF RULES

ORDER 1 - PARTIES TO SUITS

1.

Who may be joined as plaintiffs [Order 1, rule 1]

2.

Power of court to order separate trial [Order 1, rule 2]

3.

Who may be joined as defendants [Order 1, rule 3]

4.

Court may give judgment for or against one or more of joint parties [Order 1, rule 4]

5.

Defendant need not be interested in all relief claimed [Order 1, rule 5]

6.

Joinder of parties liable on same contract [Order 1, rule 6]

7.

When plaintiff in doubt from whom redress to be sought [Order 1, rule 7]

8.

One person may sue or defend on behalf of all in same interest [Order 1, rule 8]

9.

Misjoinder and non-joinder [Order 1, rule 9]

10.

Substitution and addition of parties [Order 1, rule 10]

11.

Government proceedings [Order 1, rule 11]

12.

Conduct of suit [Order 1, rule 12]

13.

Appearance of one of several plaintiffs or defendants for others [Order 1, rule 13]

14.

Practice [Order 1, rule 14]

15.

Notice to third and subsequent parties [Order 1, rule 15]

16.

Notice to Government as third party [Order 1, rule 16]

17.

Default of appearance by third party [Order 1, rule 17]

18.

Default of appearance by Government as third party [Order 1, rule 18]

19.

Judgment against third party in default [Order 1, rule 19]

20.

No judgment against Government without leave of the Court [Order 1, rule 20]

21.

Judgment after trial against third party in default [Order 1, rule 21]

22.

Appearance of third party and directions [Order 1, rule 22]

23.

Costs [Order 1, rule 23]

24.

Defendant claiming against a co-defendant [Order 1, rule 24]

25.

Procedure [Order 1, rule 25]

26.

Parties to provide contacts [Order 1, rule 26]

ORDER 2 - PLEADINGS GENERALLY

1.

Pleadings generally [Order 2, rule 1]

2.

Formal requirements [Order 2, rule 2]

3.

Facts not evidence, to be pleaded [Order 2, rule 3]

4.

Matters which must be specifically pleaded [Order 2, rule 4]

5.

Matter may be pleaded whenever arising [Order 2, rule 5]

6.

Departure [Order 2, rule 6]

7.

Particulars in defamation actions [Order 2, rule 7]

8.

Particulars of evidence in mitigation [Order 2, rule 8]

9.

Points of law [Order 2, rule 9]

10.

Particulars of pleading [Order 2, rule 10]

11.

Admissions and denials [Order 2, rule 11]

12.

Denial by joinder of issue [Order 2, rule 12]

13.

Close of pleadings [Order 2, rule 13]

14.

Technical objection [Order 2, rule 14]

15.

Striking out pleadings [Order 2, rule 15]

16.

Pleading to be signed [Order 2, rule 16]

17.

Proceedings in rem [Order 2, rule 17]

ORDER 3 - FRAME AND INSTITUTION OF SUIT

1.

Commencement of suit and case track allocation [Order 3, rule 1]

2.

Documents to accompany suit [Order 3, rule 2]

3.

Register of civil suits and filing [Order 3, rule 3]

4.

Suit to include the whole claim [Order 3, rule 4]

5.

Joinder of causes of action [Order 3, rule 5]

6.

Only certain claims to be joined with a suit for recovery of immovable property [Order 3, rule 6]

7.

Claims by or against executor, administrator or heir [Order 3, rule 7]

8.

Power of court to order separate trials [Order 3, rule 8]

9.

Declaratory judgment [Order 3, rule 9]

ORDER 4 - PLAINT

1.

Particulars of plaint [Order 4, rule 1]

2.

Money suit [Order 4, rule 2]

3.

Where the subject-matter of the suit is immovable property [Order 4, rule 3]

4.

Capacity of parties [Order 4, rule 4]

5.

Defendant’s interest and liability to be shown [Order 4, rule 5]

6.

Statement of relief claimed [Order 4, rule 6]

7.

Relief founded on separate grounds [Order 4, rule 7]

8.

Copies of plaint [Order 4, rule 8]

9.

Return of plaint [Order 4, rule 9]

ORDER 5 - ISSUE AND SERVICE OF SUMMONS

1.

Issue of summons [Order 5, rule 1]

2.

Duration and renewal of summons [Order 5, rule 2]

3.

Service on a corporation [Order 5, rule 3]

4.

Concurrent summons [Order 5, rule 4]

5.

Delivery or transmission of summons for service [Order 5, rule 5]

6.

Mode of service [Order 5, rule 6]

7.

Service on several defendants [Order 5, rule 7]

8.

Service to be on defendant in person or on his agent [Order 5, rule 8]

9.

Mode of service on the Government [Order 5, rule 9]

10.

Service on agent by whom defendant carries on business [Order 5, rule 10]

11.

Service on agent in charge in suits for immovable property [Order 5, rule 11]

12.

Service on agent or adult [Order 5, rule 12]

13.

Person served to sign acknowledgment [Order 5, rule 13]

14.

Procedure when defendant refuses to accept service or cannot be found [Order 5, rule 14]

15.

Affidavit of service [Order 5, rule 15]

16.

Examination of serving officer [Order 5, rule 16]

17.

Substituted service [Order 5, rule 17]

18.

Service on defendant in prison [Order 5, rule 18]

19.

Service on public officers and soldiers [Order 5, rule 19]

20.

Duty on person to whom the summons is sent [Order 5, rule 20]

21.

Service out of Kenya [Order 5, rule 21]

22.

Service of other process out of the jurisdiction [Order 5, rule 22]

22A.

Internationally registered and recognized courier services [Order 5, rule 22A]

22B.

Electronic Mail Services (E-mail) [Order 5, rule 22B]

22C.

Mobile-enabled messaging Applications [Order 5, rule 22C]

23.

Service under contract [Order 5, rule 23]

24.

Probate and marriage suits [Order 5, rule 24]

25.

Application to be supported by evidence [Order 5, rule 25]

26.

Order to fix time for entering appearance [Order 5, rule 26]

27.

Service where defendant resides out of Kenya [Order 5, rule 27]

28.

Notice in lieu of summons [Order 5, rule 28]

29.

Service of notice of summons in a foreign country [Order 5, rule 29]

30.

Extension of procedure to any order or notice [Order 5, rule 30]

31.

Application to Government [Order 5, rule 31]

ORDER – SERVICE OF FOREIGN LEGAL PROCESS IN KENYA

32.

Procedure [Order 5, rule 32]

33.

General powers of the court [Order 5, rule 33]

34.

Request for service from foreign country [Order 5, rule 34]

ORDER 6 - APPEARANCE OF PARTIES

1.

Time for appearance [Order 6, rule 1]

2.

Mode of appearance [Order 6, rule 2]

3.

Defendant’s address for service [Order 6, rule 3]

4.

Irregular memorandum, address fictitious [Order 6, rule 4]

5.

Defendants appearing by same advocate [Order 6, rule 5]

6.

Delivery of documents to address for service [Order 6, rule 6]

ORDER 7 - DEFENCE AND COUNTERCLAIM

1.

Defence [Order 7, rule 1]

2.

Defence of tender [Order 7, rule 2]

3.

Set-off and counterclaim [Order 7, rule 3]

4.

Set-off or counterclaim in proceedings by Government [Order 7, rule 4]

5.

Documents to accompany defence or counterclaim [Order 7, rule 5]

6.

Persons in representative capacity [Order 7, rule 6]

7.

Pleading a counterclaim [Order 7, rule 7]

8.

Title of counterclaim [Order 7, rule 8]

9.

Claim against person not party [Order 7, rule 9]

10.

Appearance by added parties [Order 7, rule 10]

11.

Reply to counterclaim [Order 7, rule 11]

12.

Exclusion of counterclaim [Order 7, rule 12]

13.

Discontinuance, stay or dismissal of suit [Order 7, rule 13]

14.

Judgment for balance [Order 7, rule 14]

15.

Defence or set-off founded on separate grounds [Order 7, rule 15]

16.

New ground of defence [Order 7, rule 16]

17.

Subsequent pleadings [Order 7, rule 17]

18.

Filing subsequent pleadings [Order 7, rule 18]

19.

Register of documents [Order 7, rule 19]

20.

Service of documents [Order 7, rule 20]

ORDER 8 - AMENDMENT OF PLEADINGS

1.

Amendment of pleading without leave [Order 8, rule 1]

2.

Application for disallowance of amendment [Order 8, rule 2]

3.

Amendment of pleading with leave [Order 8, rule 3]

4.

Amendment of originating process [Order 8, rule 4]

5.

General power to amend [Order 8, rule 5]

6.

Failure to amend after order [Order 8, rule 6]

7.

Mode of amendment [Order 8, rule 7]

8.

Procedure [Order 8, rule 8]

ORDER 9 - RECOGNIZED AGENTS AND ADVOCATES

1.

Applications, appearances or acts in person, by recognized agent or by advocate [Order 9, rule 1]

2.

Recognized agents [Order 9, rule 2]

3.

Service of process on recognized agent [Order 9, rule 3]

4.

Agent to accept service [Order 9, rule 4]

5.

Change of advocate [Order 9, rule 5]

6.

Service of notice of change of advocate [Order 9, rule 6]

7.

Notice of appointment of advocate [Order 9, rule 7]

8.

Notice of intention to act in person [Order 9, rule 8]

9.

Change to be effected by order of court or consent of parties [Order 9, rule 9]

10.

Procedure [Order 9, rule 10]

11.

Power to act in person or through new advocate [Order 9, rule 11]

12.

Removal of advocate from record at instance of another party [Order 9, rule 12]

13.

Withdrawal of advocate who has ceased to act for a party [Order 9, rule 13]

ORDER 10 - CONSEQUENCE OF NON-APPEARANCE, DEFAULT OF DEFENCE AND FAILURE TO SERVE

1.

Suits against infants and persons of unsound mind [Order 10, rule 1]

2.

Affidavit of service upon non-appearance [Order 10, rule 2]

3.

Failure to serve [Order 10, rule 3]

4.

Judgment upon a liquidated demand [Order 10, rule 4]

5.

Liquidated demand against several defendants [Order 10, rule 5]

6.

Interlocutory judgment [Order 10, rule 6]

7.

Interlocutory judgment where several defendants [Order 10, rule 7]

8.

Judgment in default against the Government [Order 10, rule 8]

9.

General rule where no appearance entered [Order 10, rule 9]

10.

Default of defence [Order 10, rule 10]

11.

Setting aside judgment [Order 10, rule 11]

ORDER 11 - CASE MANAGEMENT AND CONFERENCES

1.

Application [Order 11, rule 1]

2.

Case Management Checklist [Order 11, rule 2]

3.

Case Management Conference [Order 11, Rule 3]

4.

Case Management Order [Order 11 rule 4]

ORDER 12 - HEARING AND CONSEQUENCE OF NON-ATTENDANCE

1.

When neither party attends [Order 12, rule 1]

2.

When only plaintiff attends [Order 12, rule 2]

3.

When only defendant attends [Order 12, rule 3]

4.

When some only of plaintiffs attend [Order 12, rule 4]

5.

When some only of defendants attend [Order 12, rule 5]

6.

Effect of dismissal [Order 12, rule 6]

7.

Setting aside judgment or dismissal [Order 12, rule 7]

ORDER 13 - ADMISSIONS

1.

Notice of admission of case [Order 13, rule 1]

2.

Judgment on admissions [Order 13, rule 2]

ORDER 14 - PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

1.

Endorsements on documents admitted in evidence [Order 14, rule 1]

2.

Endorsements on copies of admitted entries in books, accounts, and records [Order 14, rule 2]

3.

Record of admitted and return of rejected documents [Order 14, rule 3]

4.

Court may order any document to be impounded [Order 14, rule 4]

5.

Return of admitted documents [Order 14, rule 5]

6.

Court may send for records of its own or of other Court [Order 14, rule 6]

7.

Provisions as to documents applied to material objects [Order 14, rule 7]

ORDER 15 - ISSUES

1.

Framing of issues [Order 15, rule 1]

2.

Materials from which issues may be framed [Order 15, rule 2]

ORDER 16 - SUMMONING AND ATTENDANCE OF WITNESSES

1.

Summons to attend to give evidence or produce documents [Order 16, rule 1]

2.

Expenses of witnesses to be paid into court on applying for summons [Order 16, rule 2]

3.

Tender of expenses or notification of sum lodged [Order 16, rule 3]

4.

Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day [Order 16, rule 4]

5.

Time, place, and purpose of attendance to be specified in summons [Order 16, rule 5]

6.

Summons to produce documents [Order 16, rule 6]

7.

Power to require persons present in court to give evidence or produce document [Order 16, rule 7]

8.

Summons, how served [Order 16, rule 8]

9.

Time for serving summons [Order 16, rule 9]

10.

Procedure where witness fails to comply with summons [Order 16, rule 10]

11.

If witness appears attachment, may be withdrawn [Order 16, rule 11]

12.

Procedure if witness fails to appear [Order 16, rule 12]

13.

Mode of attachment [Order 16, rule 13]

14.

Duty of persons summoned to give evidence or produce document [Order 16, rule 14]

15.

When summoned persons may depart [Order 16, rule 15]

16.

Application of rules 10 to 13 [Order 16, rule 16]

17.

Procedure where witness apprehended cannot give evidence or produce document [Order 16, rule 17]

18.

Consequence of refusal of a party to give evidence when called on by the Court [Order 16, rule 18]

19.

Rules as to witnesses to apply to parties summoned [Order 16, rule 19]

ORDER 17 - PROSECUTION OF SUITS

1.

Hearing from day to day [Order 17, rule 1]

2.

Notice to show cause why suit should not be dismissed [Order 17, rule 2]

3.

Procedure if parties fail to appear on day fixed [Order 17, rule 3]

4.

Court may proceed notwithstanding either party fails to produce evidence [Order 17, rule 4]

ORDER 18 - HEARING OF SUIT AND EXAMINATION OF WITNESSES

1.

Right to begin [Order 18, rule 1]

2.

Statement and production of evidence [Order 18, rule 2]

3.

Witnesses to be examined in open court [Order 18, rule 3]

4.

How evidence to be recorded [Order 18, rule 4]

5.

Any particular question and answer may be taken down [Order 18, rule 5]

6.

Questions objected to and allowed by court [Order 18, rule 6]

7.

Remarks on demeanour of witness [Order 18, rule 7]

8.

Power to deal with evidence taken before another judge [Order 18, rule 8]

9.

Power to examine witness immediately [Order 18, rule 9]

10.

Court may recall and examine witness [Order 18, rule 10]

11.

Power of court to inspect [Order 18, rule 11]

ORDER 19 - AFFIDAVITS

1.

Power to order any point to be proved by affidavit [Order 19, rule 1]

2.

Power to order attendance of deponent for cross-examination [Order 19, rule 2]

3.

Matters to which affidavits shall be confined [Order 19, rule 3]

4.

Deponent’s particulars [Order 19, rule 4]

5.

Manner of drawing affidavit [Order 19, rule 5]

6.

Striking out matter [Order 19, rule 6]

7.

Irregularity in form of affidavit [Order 19, rule 7]

8.

Affidavit sworn before suit filed [Order 19, rule 8]

9.

Procedure [Order 19, rule 9]

ORDER 20 - APPLICATION FOR AN ACCOUNT

1.

Order for accounts [Order 20, rule 1]

2.

Order for accounts on counterclaim [Order 20, rule 2]

3.

Procedure [Order 20, rule 3]

4.

Orders by court [Order 20, rule 4]

ORDER 21 - JUDGMENT AND DECREE

1.

Judgment, when pronounced [Order 21, rule 1]

2.

Power to pronounce judgment written by another judge [Order 21, rule 2]

3.

Judgment to be signed [Order 21, rule 3]

4.

Contents of judgment [Order 21, rule 4]

5.

Court to state its decision on each issue [Order 21, rule 5]

6.

Judgment affecting registered title to land [Order 21, rule 6]

7.

Contents of decree [Order 21, rule 7]

8.

Preparation and dating of decrees and orders [Order 21, rule 8]

9.

Costs [Order 21, rule 9]

9A.

Party to file and serve letter as to costs [Order 21, rule 9A]

9B.

Respondent may admit, partially reject or wholly reject letter [Order 21, rule 9B]

9C.

Court to make determination within 14 days [Order 21, rule 9C]

9D.

Court to be guided by Advocates (Remuneration) Order [Order 21, rule 9D]

10.

Decree for recovery of immovable property [Order 21, rule 10]

11.

Decree for delivery of movable property [Order 21, rule 11]

12.

Decree may direct payment by instalments [Order 21, rule 12]

13.

Decree for possession and mesne profits [Order 21, rule 13]

14.

Decree in administration suit [Order 21, rule 14]

15.

Decree in suit for dissolution of partnership [Order 21, rule 15]

16.

Decree in suit for account between principal and agent [Order 21, rule 16]

17.

Special directions as to accounts [Order 21, rule 17]

18.

Decree in suit for partition of property or separate possession of a share [Order 21, rule 18]

19.

Decree where set-off is allowed [Order 21, rule 19]

20.

Certified copies of judgment and decree to be furnished [Order 21, rule 20]

ORDER 22 - EXECUTION OF DECREES AND ORDERS

1.

Modes of paying money under decree [Order 22, rule 1]

2.

Payment out of court to decree-holder [Order 22, rule 2]

3.

Lands situate in more than one jurisdiction [Order 22, rule 3]

4.

Procedure where court desires that its own decree shall be executed by another court [Order 22, rule 4]

5.

Court receiving copies of decree to file same without proof [Order 22, rule 5]

6.

Application for execution [Order 22, rule 6]

7.

Oral and written applications [Order 22, rule 7]

8.

Application for attachment of movable property not in judgment-debtor’s possession [Order 22, rule 8]

9.

Application for attachment of immovable property to contain certain particulars [Order 22, rule 9]

10.

Power to require certified extract from Land Registries in certain cases [Order 22, rule 10]

11.

Application for execution by joint decree-holders [Order 22, rule 11]

12.

Application for execution by transferee of decree [Order 22, rule 12]

13.

Procedure on receiving an application for execution of decree [Order 22, rule 13]

14.

Execution in case of cross-decrees [Order 22, rule 14]

15.

Execution in case of cross-claims under same decree [Order 22, rule 15]

16.

Cross-decrees and cross-claims in mortgage suits [Order 22, rule 16]

17.

Simultaneous execution [Order 22, rule 17]

18.

Notice to show cause against execution in certain cases [Order 22, rule 18]

19.

Procedure after issue of notice [Order 22, rule 19]

20.

Process for execution [Order 22, rule 20]

21.

Endorsement on process [Order 22, rule 21]

22.

When court may stay execution [Order 22, rule 22]

23.

Liability of judgment-debtor discharged [Order 22, rule 23]

24.

Order of court which passed decree or of appellate court to be binding upon court applied to [Order 22, rule 24]

25.

Stay of execution pending suit between decree-holder and judgment-debtor [Order 22, rule 25]

26.

Decree for payment of money [Order 22, rule 26]

27.

Decree for specific movable property [Order 22, rule 27]

28.

Decree for specific performance or for an injunction [Order 22, rule 28]

29.

Decree for immovable property [Order 22, rule 29]

30.

Decree for delivery of immovable property when in occupancy of tenant [Order 22, rule 30]

31.

Discretionary power to permit judgment-debtor to show cause against detention in prison [Order 22, rule 31]

32.

Warrant for arrest to direct judgment-debtor to be brought up [Order 22, rule 32]

33.

Subsistence allowance [Order 22, rule 33]

34.

Proceedings on appearance of judgment-debtor in obedience to notice or after arrest [Order 22, rule 34]

35.

Examination of judgment-debtor as to his property [Order 22, rule 35]

36.

Attachment in case of decree for rent, or mesne profits, or other matter [Order 22, rule 36]

37.

Attachment of movable property other than agricultural produce, in possession of judgment-debtor [Order 22, rule 37]

38.

Attachment of agricultural produce [Order 22, rule 38]

39.

Provisions as to agricultural produce under attachment [Order 22, rule 39]

40.

Attachment of share and other property not in possession of judgment-debtor [Order 22, rule 40]

41.

Attachment of share in movables [Order 22, rule 41]

42.

Attachment of salary or allowance [Order 22, rule 42]

43.

Attachment of partnership property [Order 22, rule 43]

44.

Execution of decree against firm [Order 22, rule 44]

45.

Attachment of negotiable instrument [Order 22, rule 45]

46.

Attachment of property in custody of court [Order 22, rule 46]

47.

Attachment of decree [Order 22, rule 47]

48.

Attachment of immovable property [Order 22, rule 48]

49.

Removal of attachment after satisfaction of decree [Order 22, rule 49]

50.

Determination of attachment [Order 22, rule 50]

51.

Objection to attachment [Order 22, rule 51]

52.

Stay of execution [Order 22, rule 52]

53.

Raising of attachment [Order 22, rule 53]

54.

Notice of intention to proceed [Order 22, rule 54]

55.

Power to order property attached to be sold and proceeds to be paid to person entitled [Order 22, rule 55]

56.

Sale, by whom conducted and how made [Order 22, rule 56]

57.

Notification of sale by public auction [Order 22, rule 57]

58.

Time of sale [Order 22, rule 58]

59.

Adjournment or stoppage of sale [Order 22, rule 59]

60.

Defaulting purchaser answerable for loss on re-sale [Order 22, rule 60]

61.

Decree-holder not to bid for or buy property without permission [Order 22, rule 61]

62.

Restriction on bidding or purchase by officers [Order 22, rule 62]

63.

Negotiable instruments and shares in corporations [Order 22, rule 63]

64.

Sales by public auction [Order 22, rule 64]

65.

Irregularity not to vitiate sale, but any person injured may sue [Order 22, rule 65]

66.

Delivery of movable property, debts and shares [Order 22, rule 66]

67.

Vesting order in case of other property [Order 22, rule 67]

68.

Sale of immovable property [Order 22, rule 68]

69.

Deposit by purchaser and re-sale on default [Order 22, rule 69]

70.

Payment of purchase-money [Order 22, rule 70]

71.

Procedure in default of payment [Order 22, rule 71]

72.

Notification on re-sale [Order 22, rule 72]

73.

Bid of co-sharer to have preference [Order 22, rule 73]

74.

Application to set aside sale on deposit [Order 22, rule 74]

75.

Application to set aside sale on ground of irregularity or fraud [Order 22, rule 75]

76.

Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest [Order 22, rule 76]

77.

Sale, when to become absolute or be set aside [Order 22, rule 77]

78.

Return of purchase-money in certain cases [Order 22, rule 78]

79.

Certificate to purchaser [Order 22, rule 79]

80.

Delivery of property in occupancy of judgment-debtor [Order 22, rule 80]

81.

Delivery of property in occupancy of tenant [Order 22, rule 81]

82.

Resistance or obstruction to possession of immovable property [Order 22, rule 82]

83.

Resistance or obstruction by judgment-debtor [Order 22, rule 83]

84.

Resistance or obstruction by bona fide claimant [Order 22, rule 84]

85.

Rules not applicable to transferee pendente lite [Order 22, rule 85]

86.

Order conclusive subject to regular suit [Order 22, rule 86]

ORDER 23 - ATTACHMENT OF DEBTS

1.

Order for the attachment of debts [Order 23, rule 1]

2.

Attachment of deposits [Order 23, rule 2]

3.

Effect of garnishee order [Order 23, rule 3]

4.

Execution against garnishee [Order 23, rule 4]

5.

Trial of liability of garnishee [Order 23, rule 5]

6.

Claim of third person [Order 23, rule 6]

7.

Trial of claim of third person [Order 23, rule 7]

8.

Payment by or execution on the garnishee is a valid discharge [Order 23, rule 8]

9.

Record of proceedings [Order 23, rule 9]

10.

Costs of proceedings [Order 23, rule 10]

ORDER 24 - DEATH AND BANKRUPTCY OF PARTIES

1.

No abatement by party’s death if right survives [Order 24, rule 1]

2.

Procedure where one of several plaintiffs or defendants dies and right to sue survives [Order 24, rule 2]

3.

Procedure in case of death of one of several plaintiffs or of sole plaintiff [Order 24, rule 3]

4.

Procedure in case of death of one of several defendants or of sole defendant [Order 24, rule 4]

5.

Determination of question as to legal representative [Order 24, rule 5]

6.

When plaintiff’s bankruptcy bars suit [Order 24, rule 6]

7.

Effect of abatement or dismissal [Order 24, rule 7]

8.

Procedure in case of assignment before final order in suit [Order 24, rule 8]

9.

Application of Order to appeals [Order 24, rule 9]

10.

Application of Order to execution proceedings [Order 24, rule 10]

ORDER 25 - WITHDRAWAL, DISCONTINUANCE AND ADJUSTMENT OF SUITS

1.

Withdrawal by plaintiff [Order 25, rule 1]

2.

Discontinuance [Order 25, rule 2]

3.

Costs [Order 25, rule 3]

4.

Stay of subsequent suit [Order 25, rule 4]

5.

Compromise of a suit [Order 25, rule 5]

ORDER 26 - SECURITY FOR COSTS

1.

Security for costs [Order 26, rule 1]

2.

Application before defence [Order 26, rule 2]

3.

Where two or more defendants [Order 26, rule 3]

4.

Claims by non-resident plaintiff [Order 26, rule 4]

5.

Effect of failure to give security [Order 26, rule 5]

6.

Investment of security [Order 26, rule 6]

ORDER 27 - PAYMENT INTO COURT AND TENDER

1.

Payment into court [Order 27, rule 1]

2.

Acceptance of payment [Order 27, rule 2]

3.

Money remaining in court [Order 27, rule 3]

4.

Payment into court where several defendants [Order 27, rule 4]

5.

Payment into court on a counterclaim [Order 27, rule 5]

6.

Confidentiality of payments into court [Order 27, rule 6]

7.

Register of payments to be kept [Order 27, rule 7]

8.

Investment of payment [Order 27, rule 8]

9.

Money paid in under order of court [Order 27, rule 9]

10.

Moneys recovered by infants or persons of unsound mind [Order 27, rule 10]

ORDER 28 - COMMISSION AND REFERENCES

1.

Cases in which court may issue commission to examine witnesses [Order 28, rule 1]

2.

Where witness resides within court’s jurisdiction [Order 28, rule 2]

3.

Persons for whose examination commission may issue [Order 28, rule 3]

4.

Request to examine witness abroad [Order 28, rule 4]

5.

Court to examine witness pursuant to commission [Order 28, rule 5]

6.

Return of commission with deposition of witness [Order 28, rule 6]

7.

Commissions to make investigations [Order 28, rule 7]

8.

Procedure of commissioner [Order 28, rule 8]

9.

Examination of accounts by referee [Order 28, rule 9]

10.

Instructions to referee [Order 28, rule 10]

11.

Partition of immovable property [Order 28, rule 11]

12.

Procedure upon partition [Order 28, rule 12]

13.

Expenses of commission to be paid into court [Order 28, rule 13]

14.

Powers of commissioner [Order 28, rule 14]

15.

Attendance and examination of witnesses before commissioner [Order 28, rule 15]

16.

Parties to appear before commissioner [Order 28, rule 16]

17.

Commissions issued by foreign courts [Order 28, rule 17]

18.

Evidence in proceedings by or against the Government [Order 28, rule 18]

ORDER 29 - PROCEEDINGS BY OR AGAINST THE GOVERNMENT

1.

Interpretation [Order 29, rule 1]

2.

Rules to apply to proceedings by or against the Government [Order 29, rule 2]

3.

Application for a certificate under section. 21 of the Government Proceedings Act [Order 29, rule 3]

4.

Attachment of debts or appointment of a receiver [Order 29, rule 4]

ORDER 30 - SUITS BY OR AGAINST FIRMS AND OTHER PERSONS CARRYING OUT BUSINESS IN NAMES OTHER THAN THEIR OWN

1.

Suing of partners in name of firm [Order 30, rule 1]

2.

Disclosure of partners’ names [Order 30, rule 2]

3.

Service [Order 30, rule 3]

4.

Notice in what capacity served [Order 30, rule 4]

5.

Appearance of partners [Order 30, rule 5]

6.

No appearance except by partners [Order 30, rule 6]

7.

Appearance in action against firms [Order 30, rule 7]

8.

Suits between firm and partners [Order 30, rule 8]

9.

Suit against persons carrying on business in name other than his own [Order 30, rule 9]

ORDER 31 - SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

1.

Representation of beneficiaries in suits concerning property vested in trustees [Order 31, rule 1]

2.

Joinder of trustees, executors and administrators [Order 31, rule 2]

ORDER 32 - SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

1.

Minor to sue by next friend [Order 32, rule 1]

2.

Where suit is instituted without next friend [Order 32, rule 2]

3.

Guardian ad litem [Order 32, rule 3]

4.

Who may act as next friend or be appointed guardian for the suit [Order 32, rule 4]

5.

Representation of minor by next friend or guardian for the suit [Order 32, rule 5]

6.

Receipt of property or money on behalf of minor [Order 32, rule 6]

7.

Agreement or compromise of suit on behalf of minor [Order 32, rule 7]

8.

Retirement of next friend [Order 32, rule 8]

9.

Removal of next friend [Order 32, rule 9]

10.

Stay of proceedings [Order 32, rule 10]

11.

Retirement, removal, or death of guardian ad litem [Order 32, rule 11]

12.

Procedure where minor attains majority [Order 32, rule 12]

13.

Where minor co-plaintiff attaining majority desires to repudiate suit [Order 32, rule 13]

14.

Unreasonable or improper suit [Order 32, rule 14]

15.

Application of rules to persons of unsound mind [Order 32, rule 15]

ORDER 33 - SUITS BY PAUPERS

1.

Suits may be instituted by a pauper [Order 33, rule 1]

2.

Contents of application [Order 33, rule 2]

3.

Presentation of application [Order 33, rule 3]

4.

Examination of applicant [Order 33, rule 4]

5.

Rejection of application [Order 33, rule 5]

6.

Notice of day for receiving evidence of applicant’s pauperism [Order 33, rule 6]

7.

Procedure at hearing [Order 33, rule 7]

8.

Procedure if application admitted [Order 33, rule 8]

9.

Dispaupering [Order 33, rule 9]

10.

Costs where pauper succeeds [Order 33, rule 10]

11.

Procedure where pauper fails [Order 33, rule 11]

12.

Government may apply for payment of court fees [Order 33, rule 12]

13.

Government to be deemed a party [Order 33, rule 13]

14.

Refusal to allow applicant to sue as pauper to bar subsequent application of like nature [Order 33, rule 14]

15.

Costs [Order 33, rule 15]

16.

Court fees [Order 33, rule 16]

17.

Recovery of court fees from pauper [Order 33, rule 17]

18.

Procedure [Order 33, rule 18]

ORDER 34 - INTERPLEADER

1.

Practice under this Order [Order 34, rule 1]

2.

Averments to be proved by applicant [Order 34, rule 2]

3.

Stay of suit [Order 34, rule 3]

4.

Order upon summons [Order 34, rule 4]

5.

Summary procedure [Order 34, rule 5]

6.

Costs and other orders [Order 34, rule 6]

7.

Order upon a claimant’s failure to appear [Order 34, rule 7]

8.

Questions of law [Order 34, rule 8]

9.

Adverse title of claimants [Order 34, rule 9]

ORDER 35 - PROCEEDINGS BY AGREEMENT OF PARTIES

1.

Power to state case for court’s opinion [Order 35, rule 1]

2.

Where value of subject-matter must be stated [Order 35, rule 2]

3.

Agreement to be filed and registered as suit [Order 35, rule 3]

4.

Parties to be subject to court’s jurisdiction [Order 35, rule 4]

5.

Hearing and disposal of case [Order 35, rule 5]

ORDER 36 - SUMMARY PROCEDURE

1.

Summary judgment [Order 36, rule 1]

2.

Defendant may show cause [Order 36, rule 2]

3.

Application by Government [Order 36, rule 3]

4.

Time for defence [Order 36, rule 4]

5.

Judgment for part of claim [Order 36, rule 5]

6.

Procedure where more than one defendant [Order 36, rule 6]

7.

Leave to defend [Order 36, rule 7]

8.

Costs [Order 36, rule 8]

9.

Forms [Order 36, rule 9]

10.

Setting aside of judgment [Order 36, rule 10]

ORDER 37 - ORIGINATING SUMMONS

1.

Who may take out originating summons and in respect of what matters [Order 37, rule 1]

2.

Order for administration of estate or trust [Order 37, rule 2]

3.

Summons by vendor or purchaser of land [Order 37, rule 3]

4.

Summons by a mortgagee, mortgagor and others [Order 37, rule 4]

5.

Caveats [Order 37, rule 5]

6.

Extension of limitation period [Order 37, rule 6]

7.

Adverse possession [Order 37, rule 7]

8.

Application under the Registered Land Act [Order 37, rule 8]

9.

Application under Chattels Transfer Act [Order 37, rule 9]

10.

Summons by a member of a partnership [Order 37, rule 10]

11.

Summons by persons interested in deeds or wills [Order 37, rule 11]

12.

Variation of trusts [Order 37, rule 12]

13.

Discretion upon summons for construction of document [Order 37, rule 13]

14.

Forms [Order 37, rule 14]

15.

Summons to be filed and registered [Order 37, rule 15]

16.

Directions [Order 37, rule 16]

17.

Procedure [Order 37, rule 17]

18.

Evidence and directions upon hearing of summons [Order 37, rule 18]

19.

Powers of court upon hearing of summons [Order 37, rule 19]

20.

Court may make orders as to costs incurred by any party [Order 37, rule 20]

ORDER 38 - SELECTION OF TEST SUIT

1.

Staying several suits against the same defendant [Order 38, rule 1]

2.

Staying similar suits upon application by defendant [Order 38, rule 2]

ORDER 39 - ARREST AND ATTACHMENT BEFORE JUDGMENT

1.

Where defendant may be called upon to furnish security for appearance [Order 39, rule 1]

2.

Security [Order 39, rule 2]

3.

Procedure on application by surety to be discharged [Order 39, rule 3]

4.

Procedure where defendant fails to furnish security or find fresh security [Order 39, rule 4]

5.

Where defendant may be called upon to furnish security for production of property [Order 39, rule 5]

6.

Attachment where cause not shown or security not furnished [Order 39, rule 6]

7.

Mode of making attachment [Order 39, rule 7]

8.

Investigation or claim to property attached before judgment [Order 39, rule 8]

9.

Removal of attachment when security furnished or suit dismissed [Order 39, rule 9]

10.

Attachment before judgment not to affect rights of strangers nor bar decree-holder from applying for sale [Order 39, rule 10]

11.

Property attached before judgment not to be re-attached in execution of decree [Order 39, rule 11]

ORDER 40 - TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

1.

Cases in which temporary injunction may be granted [Order 40, rule 1]

2.

Injunction to restrain breach of contract or other injury [Order 40, rule 2]

3.

Consequence of breach [Order 40, rule 3]

4.

Notice of application [Order 40, rule 4]

5.

Ruling of the court [Order 40, rule 5]

6.

Lapse of injunction [Order 40, rule 6]

7.

Order for injunction may be discharged, varied, or set aside [Order 40, rule 7]

8.

Injunction against corporation binding on its officers [Order 40, rule 8]

9.

Power to order interim sale [Order 40, rule 9]

10.

Detention, preservation, inspection of property [Order 40, rule 10]

11.

Deposit of money and other deliverables [Order 40, rule 11]

ORDER 41 - APPOINTMENT OF RECEIVERS

1.

Appointment of receivers [Order 41, rule 1]

2.

Remuneration [Order 41, rule 2]

3.

Duties [Order 41, rule 3]

4.

Enforcement of receiver’s duties [Order 41, rule 4]

5.

Removal [Order 41, rule 5]

ORDER 42 - APPEALS

1.

Form of appeal [Order 42, rule 1]

2.

Filing of decree or order [Order 42, rule 2]

3.

Amendment of memorandum of appeal [Order 42, rule 3]

4.

Grounds which may be taken in appeal [Order 42, rule 4]

5.

One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all [Order 42, rule 5]

6.

Stay in case of appeal [Order 42, rule 6]

7.

Security in case of order for execution of decree appealed from [Order 42, rule 7]

8.

No security to be required from the Government [Order 42, rule 8]

9.

Exercise of powers in appeal from order made in execution of decree [Order 42, rule 9]

10.

Register and filing of appeals [Order 42, rule 10]

11.

Directions under section 79B [Order 42, rule 11]

12.

Service of memorandum [Order 42, rule 12]

13.

Directions before hearing [Order 42, rule 13]

14.

Security for costs [Order 42, rule 14]

15.

Notice to be given where decree appealed from [Order 42, rule 15]

16.

Filing declaration and written submissions [Order 42, rule 16]

17.

Service of hearing notice [Order 42, rule 17]

18.

Contents of notice [Order 42, rule 18]

19.

Right to begin [Order 42, rule 19]

20.

Dismissal of appeal for appellant’s default [Order 42, rule 20]

21.

Re-admission of appeal dismissed for default [Order 42, rule 21]

22.

Power to adjourn hearing and direct interested persons to be made respondents [Order 42, rule 22]

23.

Re-hearing on application of respondent against whom ex parte decree made [Order 42, rule 23]

24.

Remand of cases [Order 42, rule 24]

25.

Where evidence on record sufficient appellate court may determine case finally [Order 42, rule 25]

26.

Power to order new trial [Order 42, rule 26]

27.

Production of additional evidence in appellate court [Order 42, rule 27]

28.

Mode of taking additional evidence [Order 42, rule 28]

29.

Limits to be defined and recorded [Order 42, rule 29]

30.

Where court consists of more than one judge [Order 42, rule 30]

31.

What judgment may direct [Order 42, rule 31]

32.

Power of appellate court on appeal [Order 42, rule 32]

33.

Preparation and contents of decree [Order 42, rule 33]

34.

Certified copy of decree to be sent to court whose decree appealed from [Order 42, rule 34]

35.

Dismissal for want of prosecution [Order 42, rule 35]

ORDER 43 - APPEALS FROM ORDERS

1.

Appeals from Orders [Order 43, rule 1]

2.

Procedure [Order 43, rule 2]

3.

Saving [Order 43, rule 3]

ORDER 44 - PAUPER APPEALS

1.

Who may appeal as a pauper [Order 44, rule 1]

2.

Inquiry into pauperism [Order 44, rule 2]

ORDER 45 - REVIEW

1.

Application for review of decree or order [Order 45, rule 1]

2.

To whom applications for review may be made [Order 45, rule 2]

3.

When court may grant or reject application [Order 45, rule 3]

4.

Application where more than one judge hears [Order 45, rule 4]

5.

Re-hearing upon application granted [Order 45, rule 5]

6.

Bar of subsequent applications [Order 45, rule 6]

ORDER 46 - ARBITRATION UNDER ORDER OF A COURT AND OTHER ALTERNATIVE DISPUTE RESOLUTION

1.

Parties to a suit may apply for arbitration [Order 46, rule 1]

2.

Appointment of arbitrator [Order 46, rule 2]

3.

Form of order [Order 46, rule 3]

4.

Provisions where two or more arbitrators [Order 46, rule 4]

5.

Power to appoint arbitrator [Order 46, rule 5]

6.

Power of arbitrator or umpire appointed by court [Order 46, rule 6]

7.

Summoning witnesses and default [Order 46, rule 7]

8.

Extension of time for making award [Order 46, rule 8]

9.

Where umpire may arbitrate in lieu of arbitrators [Order 46, rule 9]

10.

Award to be signed, dated and filed [Order 46, rule 10]

11.

Time for reading award may be fixed [Order 46, rule 11]

12.

Statement of special case by arbitrators or umpire [Order 46, rule 12]

13.

Costs of arbitration [Order 46, rule 13]

14.

Power to modify or correct award [Order 46, rule 14]

15.

Power to remit for reconsideration [Order 46, rule 15]

16.

Grounds for setting aside award [Order 46, rule 16]

17.

Time for application [Order 46, rule 17]

18.

Judgment on award [Order 46, rule 18]

19.

Forms [Order 46, rule 19]

20.

Alternative dispute resolution [Order 46, rule 20]

ORDER 47 - DISTRICT REGISTRIES

1.

Institution of suits in High Court [Order 47, rule 1]

2.

Schedule of District Registries and areas [Order 47, rule 2]

3.

Title of suits filed in a District Registry [Order 47, rule 3]

4.

Suits filed in a registry remain there when all defendants reside within that area [Order 47, rule 4]

5.

Proceedings against the Government [Order 47, rule 5]

6.

Place of trial [Order 47, rule 6]

7.

All preliminary steps taken before the District Registrar [Order 47, rule 7]

8.

Appeal from decision of District Registrar [Order 47, rule 8]

9.

Taxations in District Registries [Order 47, rule 9]

10.

Appeals from subordinate courts. [Order 47, rule 10]

ORDER 48 - MISCELLANEOUS

1.

Process to be served at expense of party issuing [Order 48, rule 1]

2.

Service of Orders, notices and documents [Order 48, rule 2]

3.

Use of forms [Order 48, rule 3]

4.

Special rules of procedure [Order 48, rule 4]

ORDER 49 - SPECIAL POWERS OF REGISTRARS

1.

Registrar to be ministerial officer [Order 49, rule 1]

1A.

Signing summons [Order 49, rule 1A]

2.

When Judgment may be entered by Registrar [Order 49, rule 2]

3.

Consent orders [Order 49, rule 3]

4.

No judgment against Government in default of pleading without leave of court [Order 49, rule 4]

5.

Execution may be ordered by Registrar [Order 49, rule 5]

6.

Registrar a Civil Court [Order 49, rule 6]

7.

Hearing of applications [Order 49, rule 7]

ORDER 50 - TIME

1.

Month means calendar month [Order 50, rule 1]

2.

Exclusion of Sundays and public holidays [Order 50, rule 2]

3.

Time expiring on Sunday or day offices closed [Order 50, rule 3]

4.

When time does not run [Order 50, rule 4]

5.

Time for giving security for costs, when not to be reckoned [Order 50, rule 5]

6.

Power to enlarge time [Order 50, rule 6]

7.

Enlargement of time by consent [Order 50, rule 7]

8.

Computation of days [Order 50, rule 8]

9.

Time of day of service [Order 50, rule 9]

ORDER 51 - APPLICATIONS

1.

Procedure [Order 51, rule 1]

2.

Applications under section 25(2) of the Government Proceedings Act [Order 51, rule 2]

3.

Notice to parties [Order 51, rule 3]

4.

Contents of notice [Order 51, rule 4]

5.

Dismissal or adjournments for want of notice [Order 51, rule 5]

6.

Adjournment of hearing [Order 51, rule 6]

7.

Service of notice on defendant served with summons to enter appearance but not appearing [Order 51, rule 7]

8.

Transfer from court to chambers [Order 51, rule 8]

9.

Transfer from chambers to court [Order 51, rule 9]

10.

Provision under which application is made to be stated [Order 51, rule 10]

11.

Costs and other relief [Order 51, rule 11]

12.

When application are deemed to be made [Order 51, rule 12]

13.

Signature on application and service [Order 51, rule 13]

14.

Grounds of opposition to application in High Court [Order 51, rule 14]

15.

Setting aside ex parte order [Order 51, rule 15]

16.

Court may limit time for submissions [Order 51, rule 16]

ORDER 52 - THE ADVOCATES ACT

1.

Interpretation [Order 52, rule 1]

2.

Appeals to the Chief Justice [Order 52, rule 2]

3.

Applications with respect to remuneration [Order 52, rule 3]

4.

Power to order advocate to deliver accounts and documents [Order 52, rule 4]

5.

Application for taxation by third parties [Order 52, rule 5]

6.

Application for charging order [Order 52, rule 6]

7.

Application for order for enforcement of an undertaking [Order 52, rule 7]

8.

Title and service of appeal [Order 52, rule 8]

9.

Discontinuance of appeal [Order 52, rule 9]

10.

Procedure [Order 52, rule 10]

ORDER 53 - APPLICATIONS FOR JUDICIAL REVIEW

1.

Applications for mandamus, prohibition and certiorari to be made only with leave [Order 53, rule 1]

2.

Time for applying for certiorari in certain cases [Order 53, rule 2]

3.

Application to be by notice of motion [Order 53, rule 3]

4.

Statements and affidavits [Order 53, rule 4]

5.

Applicant to have right to begin [Order 53, rule 5]

6.

Right to be heard in opposition [Order 53, rule 6]

7.

Provisions as to orders of certiorari for the purpose of quashing proceedings [Order 53, rule 7]

ORDER 54 - REVOCATION AND TRANSITIONAL PROVISIONS

1.

Revocation of Civil Procedure Rules. Sub. leg. [Order 54, rule 1]

2.

Transitional provisions

SCHEDULES

APPENDIX —

APPENDIX A - PROCESS

APPENDIX B —

CASE MANAGEMENT CHECKLIST

APPENDIX C [O. 11, r. 4] —

CASE MANAGEMENT CONFRERENCE CERTIFICATE

APPENDIX D [O. 11, r. 4] —

CASE MANAGEMENT ORDER

APPENDIX E —

TRIAL CONFERENCE MEMORANDUM

APPENDIX F —

NOTICE TO PERSON TO WHOM THE COURT CONSIDERS TO BE ADDED AS PLAINTIFF

APPENDIX G —

SCHEDULE

INDEX TO THE CIVIL PROCEDURE RULES

THE MEDIATION (PILOT PROJECT) RULES

ARRANGEMENT OF SECTIONS

1.

Title

2.

Application.

3.

Interpretation.

4.

Referral to mediation.

5.

Notification of referral to mediation.

6.

Mediators.

7.

Time limit.

8.

Commencement of mediation.

9.

Attendance at the mediation.

10.

Statement of understanding.

11.

Non-compliance.

12.

Confidentiality and Inadmissibility.

13.

Mediator’s report.

14.

Agreement.

15.

Additional mediation.

16.

No appeal against settlement.

17.

Immunity.

SCHEDULES

SCHEDULE [r. 5] —

FORMS

THE CIVIL PROCEDURE (COURT-ANNEXED MEDIATION) RULES

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Application

4.

Mediation registries

PART II – COURT-ANNEXED MEDIATION PROCESS

5.

Referral to mediation

6.

Screening

7.

Screening criteria

8.

Mediation register

9.

Mediation file

10.

Notification of referral to mediation

11.

Service of process

12.

Mediators under the programme

13.

Appointment of mediators and allocation of cases

14.

Court mentions

15.

Commencement of mediation

16.

Attendance at mediation

17.

Representatives of natural persons

18.

Representatives of corporations, partnerships, the government, government agencies or entities

19.

State Counsel deemed to be authorised to bind Attorney-­General

20.

Adjournments

21.

Attendance sheet

22.

Mediator to guide mediation process

23.

Venue and time of conducting mediation

24.

Agreement to mediate

25.

Confidentiality and inadmissibility

26.

Persons who may attend mediation session

27.

Role of advocate in mediation

28.

Non-­compliance

29.

Consequences of non-­compliance

30.

Conclusion of the mediation process

31.

Further mediation

32.

Mediation settlement agreement

33.

Mediator’s report

34.

Adoption of settlement agreements

35.

Directions on partial settlements

36.

Enforcement of settlement agreements

37.

Time

38.

Interim measures by the court

39.

Setting aside an order or decree arising out of a settlement agreement

40.

Immunity

41.

Payment of mediators

42.

Remuneration of advocates

PART III – REGISTRATION, RECOGNITION AND ENFORCEMENT OF PRIVATE SETTLEMENT AGREEMENTS

43.

Objective of this Part

44.

Recognition and registration of qualified members

45.

Mediation registry to register private settlement agreement

46.

Requirements for the registration of a private settlement agreement

47.

Presentation for registration

48.

Registration of private settlement agreements

49.

Recognition of private settlement agreements

50.

Enforcement of private settlementagr eements

51.

Adoption and enforcement of international private settlement agreements

PART IV – VIRTUAL MEDIATION PROCEEDINGS.

52.

Rules applicable to virtual proceedings

53.

Validity of virtual mediation agreements

PART V – MISCELLANEOUS PROVISIONS

54.

Power of the Court

55.

Extension of time

56.

Applications

57.

Revocation

SCHEDULES

SCHEDULE —

FORMS