Order 28, rule 10 of Civil Procedure Rules : 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 referee is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.
(2) The proceedings and report (if any) of the referee shall be evidence in the suit, but where the court has reason to be dissatisfied with them it may direct such further inquiry as it shall think fit.
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- 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,...
- Order 28, rule 14 - Powers of commissioner
Any person appointed under this Order may, unless otherwise directed by the order of appointment—
(a) examine the parties themselves and any witness whom they or any of them
may produce, and any...
- Order 28, rule 15 - Attendance and examination of witnesses before commissioner
(1) The provisions of the Act and these Rules relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon witnesses, shall apply to...
- Order 28, rule 16 - Parties to appear before commissioner
(1) Where a commission is issued under the preceding rules, the court shall direct that the parties to the suit shall appear before the commissioner in person or by their agents or advocates....
- Order 28, rule 17 - Commissions issued by foreign courts
The provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by—
(a) courts situated in any part of the Commonwealth other than...
- Order 28, rule 18 - Evidence in proceedings by or against the Government
For the avoidance of doubt it is hereby declared that any powers exercisable by the court in regard to the taking of evidence are exercisable in civil proceedings by or against the Government as they...
- Order 29, rule 1 - Interpretation
(1) The expressions “civil proceedings by the Government”, “civil proceedings against the Government” and “civil proceedings by or against the Government” have the same respective meanings as in Part...
- Order 29, rule 2 - Rules to apply to proceedings by or against the Government
(1) Except as provided by the Government Proceedings Act (Cap. 40) or by these Rules—
(a) these Rules shall apply to all civil proceedings by or against the Government; and
(b) civil proceedings...
- Order 29, rule 3 - Application for a certificate under section. 21 of the Government Proceedings Act
Any application for a certificate under section 21 of the Government Proceedings Act (Cap. 40) (which relates to satisfaction of orders against the Government) shall be made to a registrar or, in the...
- Order 29, rule 4 - Attachment of debts or appointment of a receiver
(1) No order for the attachment of debts under Order 23 or for the appointment of a receiver under Order 41 shall be made or have effect in respect of any money due or accruing or alleged to be due or...
- Order 30, rule 1 - Suing of partners in name of firm
Any two or more persons claiming or being liable as partners and carrying on business in Kenya may sue or be sued in the name of the firm (if any) in which such persons were partners at the time of...
- Order 30, rule 2 - Disclosure of partners’ names
(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their advocate shall, on demand in writing by or on behalf of any defendant, within seven days, declare in...
- Order 30, rule 3 - Service
(1) Where persons are sued as partners in the name of their firm, the service of the summons shall be effected either—
(a) upon any one or more of the partners;
(b) at the principal place at which...
- Order 30, rule 4 - Notice in what capacity served
Where a summons is issued to a firm, and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service,...
- Order 30, rule 5 - Appearance of partners
Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
- Order 30, rule 6 - No appearance except by partners
Where a summons is served in the manner provided by rule 3, upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner...
- Order 30, rule 7 - Appearance in action against firms
(1) Any person served as a partner under rule 3 but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as “a person served...
- Order 30, rule 8 - Suits between firm and partners
This Order shall apply to suits between a firm and one or more of the partners therein, and to suits between firms having one or more partners in common; but no execution shall be issued in such suits...
- Order 30, rule 9 - Suit against persons carrying on business in name other than his own
Any person carrying on business in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules...
- Order 31, rule 1 - Representation of beneficiaries in suits concerning property vested in trustees
In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee,...
- Order 31, rule 2 - Joinder of trustees, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator’s...
- Order 32, rule 1 - Minor to sue by next friend
(1) Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
(2) Before the name of any person shall be used in any action as...
- Order 32, rule 2 - Where suit is instituted without next friend
(1) Where a suit is instituted by or on behalf of a minor without a next friend the defendant may apply to have the suit dismissed with costs to be paid by the advocate or other person by whom it was...
- Order 32, rule 3 - Guardian ad litem
(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian ad litem of such minor.
(2) An order for the appointment...
- Order 32, rule 4 - Who may act as next friend or be appointed guardian for the suit
(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian ad litem:
Provided that the interest of such person is not adverse to that of the...
- Order 32, rule 5 - Representation of minor by next friend or guardian for the suit
(1) Every application to the court on behalf of a minor, other than an application under rule 10(2), shall be made by his next friend or by his guardian ad litem.
(2) Every order made in a suit or...
- Order 32, rule 6 - Receipt of properties or money on behalf of minor
(1) A next friend or guardian ad litem shall not, without the leave of the court, receive any money or other movable property on behalf of a minor, either— (a) by way of compromise before decree or...
- Order 32, rule 7 - Agreement or compromise of suit on behalf of minor
(1) No next friend or guardian ad litem shall, without the leave of the court expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the...
- Order 32, rule 8 - Retirement of next friend
(1) Unless otherwise ordered by the court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred.
(2) The...
- Order 32, rule 9 - Removal of next friend
(1) Where the interest of the next friend of a minor is adverse to that of the minor, or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely...
- Order 32, rule 10 - Stay of proceedings
(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.
(2) Where the advocate of such a minor...
- Order 32, rule 11 - Retirement, removal, or death of guardian ad litem
(1) Where the guardian ad litem desires to retire or does not do his duty, or where other sufficient ground is made to appear, the court may permit such guardian to retire or may remove him, and may...
- Order 32, rule 12 - Procedure where minor attains majority
(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.
(2) Where...
- Order 32, rule 13 - Where minor co-plaintiff attaining majority desires to repudiate suit
(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the court, if it finds that he is not a necessary...
- Order 32, rule 14 - Unreasonable or improper suit
(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by a next friend be dismissed on the ground that it was unreasonable or improper.
(2) Notice of...
- Order 32, rule 15 - Application of rules to persons of unsound mind
The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on...
- Order 33, rule 1 - Suits may be instituted by a pauper
(1) Subject to the following rules, any suit may be instituted by a pauper.
(2) For the purposes of this Order a person is a “pauper” when he is not possessed of sufficient means to enable him to...
- Order 33, rule 2 - Contents of application
Every application for permission to sue as a pauper shall contain the particulars required in regard pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such...
- Order 33, rule 3 - Presentation of application
Notwithstanding anything contained in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of...
- Order 33, rule 4 - Examination of applicant
Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of...
- Order 33, rule 5 - Rejection of application
The court shall reject an application for permission to sue as a pauper—
(a) where it is not framed and presented in the manner prescribed in rules 2 and 3;
(b) where the applicant is not a...
- Order 33, rule 6 - Notice of day for receiving evidence of applicant’s pauperism
Where the court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten days’ clear notice shall be given to the opposite party) for...
- Order 33, rule 7 - Procedure at hearing
(1) On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make...
- Order 33, rule 8 - Procedure if application admitted
Where the application is granted, it shall be deemed the pleading in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner except that the plaintiff...
- Order 33, rule 9 - Dispaupering
The court may, on the application of the defendant, of which seven days’ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispaupered—
(a) if he is guilty of...
- Order 33, rule 10 - Costs where pauper succeeds
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such...
- Order 33, rule 11 - Procedure where pauper fails
Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order...
- Order 33, rule 12 - Government may apply for payment of court fees
The Government shall have the right at any time to apply to the court to make an order for the payment of court fees under rule 10 or rule 11.