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