Order 23, rule 5 of Civil Procedure Rules : Trial of liability of garnishee
If the garnishee disputes his liability, the court, instead of making an order that execution be levied, may order that any issue or question necessary for determining his indebtedness be tried and determined in the manner in which an issue or question in a suit is tried or determined.
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- Order 23, rule 6 - Claim of third person
Whenever in any proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or...
- Order 23, rule 7 - Trial of claim of third person
After hearing the allegations of any third person under such order, as in rule 6 mentioned, or of any other person who by the same or any subsequent order the court may order to appear, or in case of...
- Order 23, rule 8 - Payment by or execution on the garnishee is a valid discharge
Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment-debtor to the amount paid or levied, although...
- Order 23, rule 9 - Record of proceedings
Proceedings under this Order shall be filed upon the record of the suit in which the decree sought to be enforced was obtained.
- Order 23, rule 10 - Costs of proceedings
The costs of any application for an attachment of debts and of any proceedings arising from or incidental to such application, shall be in the discretion of the court, and the costs of the...
- Order 24, rule 1 - No abatement by party’s death if right survives
The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues.
- Order 24, rule 2 - Procedure where one of several plaintiffs or defendants dies and right to sue survives
Where there are more plaintiffs or defendants than one, and any one of them dies, and where the cause of action survives or continues to the surviving plaintiff or plaintiffs alone or against the...
- Order 24, rule 3 - Procedure in case of death of one of several plaintiffs or of sole plaintiff
(1) Where one of two or more plaintiffs dies and the cause of action does not survive or continue to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies...
- Order 24, rule 4 - Procedure in case of death of one of several defendants or of sole defendant
(1) Where one of two or more defendants dies and the cause of action does not survive or continue against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant...
- Order 24, rule 5 - Determination of question as to legal representative
Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff, or a deceased defendant, such question shall be determined by the court.
- Order 24, rule 6 - When plaintiff’s bankruptcy bars suit
(1) The bankruptcy of a plaintiff in any suit which the trustee or official receiver might maintain for the benefit of his creditors shall not cause the suit to abate, unless such trustee or official...
- Order 24, rule 7 - Effect of abatement or dismissal
(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
(2) The plaintiff or the person claiming to be the legal representative of a...
- Order 24, rule 8 - Procedure in case of assignment before final order in suit
(1) In other cases of an assignment, creation, or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or against the person to or upon whom...
- Order 24, rule 9 - Application of Order to appeals
In the application of this Order to appeals, so far as may be, the word “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal.
- Order 24, rule 10 - Application of Order to execution proceedings
Nothing in rules 3, 4 and7 shall apply to proceedings in execution of a decree or order.
- Order 25, rule 1 - Withdrawal by plaintiff
At any time before the setting down of the suit for hearing the plaintiff may by notice in writing, which shall be served on all parties, wholly discontinue his suit against all or any of the...
- Order 25, rule 2 - Discontinuance
(1) Where a suit has been set down for hearing it may be discontinued, or any part of the claim withdrawn, upon the filing of a written consent signed by all the parties.
(2) Where a suit has been...
- Order 25, rule 3 - Costs
Upon request in writing by any defendant the registrar shall sign judgment for the costs of a suit which has been wholly discontinued, and any defendant may apply at the hearing for the costs of any...
- Order 25, rule 4 - Stay of subsequent suit
If any subsequent suit shall be brought before payment of the costs of a discontinued suit, upon the same, or substantially the same cause of action, the court may order a stay of such subsequent suit...
- Order 25, rule 5 - Compromise of a suit
(1) Where it is proved to the satisfaction of the court, and the court after hearing the parties directs, that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or...
- Order 26, rule 1 - Security for costs
In any suit the court may order that security for the whole or any part of the costs of any defendant or third or subsequent party be given by any other party.
- Order 26, rule 2 - Application before defence
If an application for security for costs is made before a defence is filed, there shall be filed with the application an affidavit setting out the grounds of the defence together with a statement of...
- Order 26, rule 3 - Where two or more defendants
Where it appears to the court that the substantial issue is which of two or more defendants is liable or what proportion of liability two or more defendants should bear no order for security for costs...
- Order 26, rule 4 - Claims by non-resident plaintiff
In any suit brought by a person not residing in Kenya, if the claim is founded on a bill of exchange or other negotiable instrument or on a judgment or order of a foreign court, any order for security...
- Order 26, rule 5 - Effect of failure to give security
(1) If security for costs is not given within the time ordered and if the plaintiff is not permitted to withdraw the suit, the court shall, upon application, dismiss the suit.
(2) If a suit is...
- Order 26, rule 6 - Investment of security
(1) Where security by payment has been ordered, the party ordered to pay may make payment to a bank or a reputable financial institution in the joint names of himself and the defendant or in the names...
- Order 27, rule 1 - Payment into court
(1) In any suit for a debt or damages any defendant may at any time after appearance upon notice to the plaintiff pay into court a sum of money in satisfaction of the claim or (where several causes of...
- Order 27, rule 2 - Acceptance of payment
(1) Where money is paid into court under rule 1 the plaintiff may, within fourteen days of the receipt of notice thereof, or where more than one payment has been made, within fourteen days of the...
- Order 27, rule 3 - Money remaining in court
If money paid into court is not accepted in accordance with rule 2 (1) the money remaining in court shall not be paid out except by consent or in pursuance of an order of the court, which may be made...
- Order 27, rule 4 - Payment into where several defendants
(1) Money may be paid into court under rule 1 by any of several defendants sued jointly or in the alternative upon notice to the other defendants.
(2) If within fourteen days after receipt of notice...
- Order 27, rule 5 - Payment into court on a counterclaim
A plaintiff or other person made a defendant to a counterclaim may pay money into court in accordance with the provisions of this Order subject to any necessary modification.
- Order 27, rule 6 - Confidentiality of payments into court
(1) Unless a defence of tender before action or a plea under section 12 of the Defamation Act (Cap. 36) is pleaded, the fact that a payment into court has been made under this Order shall not be...
- Order 27, rule 7 - Register of payments to be kept
The registrar of every court shall maintain a register containing details of every payment into court made under this Order.
- Order 27, rule 7 - Register of payments to be kept
The registrar of every court shall maintain a register containing details of every payment into court made under this Order.
- Order 27, rule 8 - Investment of payment
(1) In place of payment into court as provided by the foregoing rules the defendant may make payment to a bank or a reputable financial institution in the joint names of himself and the plaintiff or...
- Order 27, rule 9 - Money paid in under order of court
Money paid into court under an order of the court shall not be paid out except in pursuance of an order of the court:
Provided that where before the filing of defence money has been paid into court...
- Order 27, rule 10 - Moneys recovered by infants or persons of unsound mind
(1) In any cause or matter in the High Court in which money or damages is claimed by or on behalf of an infant or a person of unsound mind but not found upon inquiry to be incapable of managing his...
- Order 28, rule 1 - Cases in which court may issue commission to examine witnesses
Any court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the limits of its jurisdiction who is exempted under the Act from...
- Order 28, rule 2 - Where witness resides within court’s jurisdiction
A commission for the examination of a person who resides within the local limits of the jurisdiction of the court issuing the same may be issued to any person whom the court thinks fit.
- Order 28, rule 3 - Persons for whose examination commission may issue
(1) Any court may in any suit issue a commission for the examination of—
(a) any person resident beyond the local limits of its jurisdiction;
(b) any person who is about to leave such limits...
- Order 28, rule 4 - Request to examine witness abroad
Where any court to which application is made for the issue of a commission for the examination of a person residing at any place not in Kenya is satisfied that the evidence of such person is...
- Order 28, rule 5 - Court to examine witness pursuant to commission
Every court in Kenya receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.
- Order 28, rule 6 - Return of commission with deposition of witness
Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the court from which it was issued, unless the order for issuing the commission has...
- Order 28, rule 7 - Commissions to make investigations
On the application of any party or of its own motion in any suit, the court may issue a commission to any person to make an investigation and report to the court for the purpose of ascertaining—...
- Order 28, rule 8 - Procedure of commissioner
(1) The commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed...
- Order 28, rule 9 - Examination of accounts
On the application of any party or of its own motion in any suit in which the examination of accounts is necessary or desirable, the court may refer the accounts for examination to such person as it...
- Order 28, rule 10 - Instructions to referee
(1) The court shall furnish a referee appointed under r. 9 with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the...
- Order 28, rule 11 - Partition of immovable property
Where a preliminary decree for partition has been passed, the court may appoint such person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
- Order 28, rule 12 - Procedure upon partition
(1) The person appointed shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which he was appointed, and shall allot such...
- Order 28, rule 13 - Expenses of commission to be paid into court
Before issuing any commission, reference or appointment under this Order, the court may order such sum (if any) as it thinks reasonable for the expenses of the commission, reference or inquiry, to be,...