Section 84 of Civil Procedure Act CAP 21: 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 tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their advocates and recognized agents, and their witnesses acting in obedience to a summons shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3) Nothing in subsection (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution, or where such judgment-debtor attends to show cause why he would not be committed to prison in execution of a decree.
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 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...