Order 32, rule 9 of Civil Procedure Rules : 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 that the minor’s interest will be properly protected by him, or where he does not do his duty, or during the pendency of the suit ceases to reside within Kenya, or for any other sufficient cause, application may be made on behalf of the minor or by a defendant for his removal, and the court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to the costs as it thinks fit.
(2) Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared who desires to be himself appointed in the place of the next friend, the court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.
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.
- 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.
- Order 33, rule 13 - Government to be deemed a party
All matters arising between the Government and any party to the suit under rule 10, rule 11 or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of...
- Order 33, rule 14 - Refusal to allow applicant to sue as pauper to bar subsequent application of like nature
An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at...
- Order 33, rule 15 - Costs
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.
- Order 33, rule 16 - Court fees
(1) If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on...
- Order 33, rule 17 - Recovery of court fees from pauper
In the event of a pauper plaintiff or defendant succeeding in any suit which results in a decree or order for payment to him of any sum of money from the other side, whether by way of costs or...
- Order 33, rule 18 - Procedure
Applications under this Order shall be in writing addressed to the court.
- Order 34, rule 1 - Practice under this Order
An application for relief under this Order shall be made by originating summons unless made in a pending suit in which case it shall be made by summons in the suit.
- Order 34, rule 2 - Averments to be proved by applicant
In every suit of or application by way of interpleader the applicant shall satisfy the court by way of affidavit or otherwise—
(a) that the applicant claims no interest in the subject-matter in...
- Order 34, rule 3 - Stay of suit
If the application is made by a defendant in a suit the court may stay all further proceedings in the suit.
- Order 34, rule 4 - Order upon summons
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu...
- Order 34, rule 5 - Summary procedure
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the...
- Order 34, rule 6 - Costs and other orders
The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subjectmatter of the dispute, and...
- Order 34, rule 7 - Order upon a claimant’s failure to appear
If a claimant, having been duly served with a summons calling him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons, or having appeared neglects or refuses to...
- Order 34, rule 8 - Questions of law
Where the question in issue is a question of law and no facts are disputed the court may decide the question without the trial of an issue.
- Order 34, rule 9 - Adverse title of claimants
The applicant may be granted relief notwithstanding the fact that the titles of the claimants have not a common origin but are adverse to and independent of one another.
- Order 35, rule 1 - Power to state case for court’s opinion
(1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the court,...
- Order 35, rule 2 - Where value of subject-matter must be stated
Where the agreement is for the delivery of any property, or for the doing or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the...
- Order 35, rule 3 - Agreement to be filed and registered as suit
(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed in the court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter...
- Order 35, rule 4 - Parties to be subject to court’s jurisdiction
Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the court and shall be bound by the statements contained therein.
- Order 35, rule 5 - Hearing and disposal of case
(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of Order 10B shall apply to such suit so far as the same are applicable
(2) Where the court...
- Order 36, rule 1 - Summary judgment
(1) In all suits where a plaintiff seeks judgment for— (a) a liquidated demand with or without interest; or
(b) the recovery of land, with or without a claim for rent or mesne profits, by a...
- Order 36, rule 2 - Defendant may show cause
The defendant may show either by affidavit, or by oral evidence, or otherwise that he should have leave to defend the suit.
- Order 36, rule 3 - Application by Government
(1) An application under rule 1 by the Government may be verified by an affidavit of the Attorney-General stating that to the best of his knowledge and belief the plaintiff is entitled to the relief...
- Order 36, rule 4 - Time for defence
If a defendant is granted leave to defend he shall file his defence within fourteen days of the grant of leave unless the court otherwise orders.
- Order 36, rule 5 - Judgment for part of claim
If it appears that the defence set up in the affidavit by the defendant applies only to a part of the plaintiff’s claim, or that any part of his claim is admitted, the plaintiff shall have judgment...
- Order 36, rule 6 - Procedure where more than one defendant
If it appears to the court that any defendant has a good defence to, or ought to be permitted to defend the suit, and that any other defendant has not a good defence and ought not to be permitted to...
- Order 36, rule 7 - Leave to defend
Leave to defend may be given unconditionally, or subject to such terms as to giving security or time of trial or otherwise, as the court thinks fit.
- Order 36, rule 8 - Costs
(1) The costs of and incidental to all applications under this Order shall be dealt with by the court on the hearing of the application, and the court shall order by and to whom, and when the same...
- Order 36, rule 9 - Forms
Form Nos. 24 and 25 of Appendix A, adapted to circumstances, shall be utilised for the respective purposes for which they are designed.
- Order 36, rule 10 - Setting aside of judgment
Any judgment, given against any party who did not attend at the hearing of an application under this Order, may, on application be set aside or varied on such terms as are just.
- Order 37, rule 1 - Who may take out originating summons and in respect of what matters
The executors or administrators of a deceased person, or any of them, and the trustees under any deed or instrument, or any of them, and any person claiming to be interested in the relief sought as...
- Order 37, rule 2 - Order for administration of estate or trust
Any of the persons named in rule 1 may in like manner apply for and obtain an order for—
(a) the administration of the personal estate of the deceased;
(b) the administration of the real estate of...