Section 72 of Civil Procedure Act CAP 21: 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 Court, on any of the following grounds, namely—
(a) the decision being contrary to law or to some usage having the force of law;
(b) the decision having failed to determine some material issue of law or usage having the force of law;
(c) a substantial error or defect in the procedure provided by this Act or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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
(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error,...
- Section 77 - What court to hear appeal
Where an appeal from any order is allowed, it shall lie to the court to which an appeal would lie from the decree in the suit in which the order was made.
- Section 78 - Powers of appellate court
(1) Subject to such conditions and limitations as may be prescribed, an appellate court shall have power— (a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them...
- 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...
- Section 79A - No decree to be altered for error not affecting merits or jurisdiction
No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any...
- Section 79B - Summary rejection of appeal
Before an appeal from a subordinate court to the High Court is heard, a judge of the High Court shall peruse it, and if he considers that there is no sufficient ground for interfering with the decree,...
- Section 79C - Mode of hearing appeal
Appeals from subordinate courts shall be heard by one judge of the High Court except when in any particular case the Chief Justice shall direct that the appeal be heard by two or more judges of the...
- 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...
- Section 79F - Appeals by paupers
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...
- Section 80 - Review
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
The provisions of section 40, 41 and 43 shall apply so far as may be to all persons arrested under this Act.
- Section 84 - Exemption from arrest under civil process
(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
(1) Where an application is made to a subordinate court that any person shall be arrested or that any property shall be attached under any provision of this Act, and where the person resides or is...
- 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....
- Section 87 - Assessors
(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...
- Section 89 - Miscellaneous proceedings
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.
- Section 91 - Application for restitution
(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
Where any person has become liable as surety—
(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
(c) for the...
- Section 93 - Consent or agreement by persons under disability
In all suits to which any person under disability is a party, any consent or agreement as to any proceeding shall, if given or made with the express leave of the court by the next friend or guardian...
- Section 94 - Execution of decree of High Court before costs ascertained
Where the High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be...
- Section 95 - Enlargement of time
Where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this Act, the court may, in its discretion, from time to time, enlarge such period, even though the...
- Section 96 - Power to make up deficiency of court fees
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court fees has not been paid, the court may, in its discretion, at any stage,...
- Section 97 - Renumbered as section 3A.
Renumbered as section 3A.
- Section 98 - Execution of instruments by order of court
Where any person neglects or refuses to comply with a decree or order directing him to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the court may, on...
- Section 99 - Amendment of judgments, decrees or orders
Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or...
- Section 100 - General power to amend
The court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the...