Section 58 of Civil Procedure Act CAP 21: When interpleader suit may be instituted
Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants, or where a suit dealing with the same subject-matter is pending may intervene by motion on notice in such suit, for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made, and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can be properly decided no such suit of interpleader shall be instituted.
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- Section 59 - Arbitration
All references to arbitration by an order in a suit, and all proceedings thereunder, shall be governed in such manner as may be prescribed by rules.
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(1) There shall be a Mediation Accreditation Committee which shall be appointed by the Chief Justice.
(2) The Mediation Accreditation Committee shall consist of— (a) the chairman of the Rules...
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(1) The Court may—
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(b) where it deems it appropriate to do so, or
(c) where the law so requires,
direct that any dispute presented before it be...
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(2) Any other method of alternative dispute...
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- Section 62 - Public charity
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- Section 63 - Supplemental proceedings
In order to prevent the ends of justice from being defeated, the court may, if it is so prescribed—
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(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under section 63—
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- Section 65 - Appeal from other courts
(1) Except where otherwise expressly provided by this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie to the High Court—
(a) Deleted by...
- Section 65A - Renumbered as section 79B.
Renumbered as section 79B.
- Section 66 - Appeal from decree of High Court
Except where otherwise expressly provided in this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie from the decrees or any part of decrees...
- Section 67 - Appeal from original decree
(1) An appeal may lie from an original decree passed ex parte.
(2) No appeal shall lie from a decree passed by the court with the consent of parties.
- Section 68 - Appeal from final decree where no appeal from preliminary decree
Where any party aggrieved by a preliminary decree does not appeal from that decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
- Section 69 - Decision where appeal heard by two or more judges
Where an appeal is heard by a court consisting of two or more judges the appeal shall be decided in accordance with the opinion of the judges or a majority of them:
Provided that where a court...
- Section 70 - Renumbered as section 79A.
Renumbered as section 79A.
- Section 71 - Renumbered as section 79C.
Renumbered as section 79C.
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- Section 72 - Second appeal from the High Court
(1) Except where otherwise expressly provided in this Act or by any other law for the time being in force, an appeal shall lie to the Court of Appeal from every decree passed in appeal by the High...
- Section 75 - Orders from which appeal lies
(1) An appeal shall lie as of right from the following orders, and shall also lie from any other order with the leave of the court making such order or of the court to which an appeal would lie if...
- Section 76 - Other Orders
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- Section 77 - What court to hear appeal
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- Section 79 - Procedure in appeals from appellate decrees and orders
The provisions of this Part relating to appeals from original decrees shall, as far as may be, apply to appeals—
(a) from appellate decrees; and
(b) from orders made under this Act or under any...
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- Section 79C - Mode of hearing appeal
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- Section 79D - Grounds for second appeal from High Court
No second appeal from a decree passed in appeal by the High Court shall lie except on the grounds mentioned in section 72.
- Section 79E - No second appeal from High Court in certain cases
No second appeal from a decree passed in appeal by the High Court shall lie in any suit when the amount or value of the subject-matter of the original suit does not exceed ten thousand shillings...
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A person who has been allowed to take, defend or be a party to any legal proceedings in a subordinate court as a pauper may not appeal to the High Court, or from the High Court to the Court of Appeal,...
- Section 79G - Time for filing appeals from subordinate courts
Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which...
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Any person who considers himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Act, but from which no appeal has been preferred; or
(b) by a decree or order from...
- Section 81 - Rules Committee
(1) There shall be a Rules Committee consisting of two judges of the High Court, two judges of the Court of Appeal, the Attorney- General and two advocates, one to be nominated by the Law Society of...
- Section 82 - Exemption of certain women
(1) Women who according to the customs and manners of their community ought not to be compelled to appear in public shall be exempt from personal appearance in court.
(2) Nothing herein contained...
- Section 83 - Arrest other than in execution of decree
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(1) No judge, magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in or returning from his court.
(2) Where any matter is pending before a...
- Section 85 - Procedure relating to arrest and attachment
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- Section 86 - Language of courts
(1) The language of the High Court and of the Court of Appeal shall be English, and the language of subordinate courts shall be English or Swahili.
(2) Deleted by Act No. 17 of 1967, s. 41....
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(1) Any court may in any cause or matter pending before it in which questions may arise as to the laws or customs of any tribe, caste or community, summon to its assistance one or more competent...
- Section 88 - Administration of oath on affidavit
In the case of any affidavit under this Act—
(a) any court, magistrate, registrar of a court, notary public or commissioner of oaths; or
(b) any officer or other person whom the High Court may...
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The procedure provided in this Act in regard to suits shall be followed as far as it may be applicable in all proceedings in any court of civil jurisdiction.
- Section 90 - Orders and notices to be in writing
All orders or notices served on or given to any person under this Act shall be in writing.
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(1) Where and in so far as a decree is varied or reversed, the court of first instance shall, on the application of the party entitled to any benefit by way of restitution or otherwise, cause such...
- Section 92 - Enforcement of liability of surety
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(a) for the performance of any decree or any part thereof; or
(b) for the restitution of any property taken in execution of a decree; or
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- Section 97 - Renumbered as section 3A.
Renumbered as section 3A.