Order 39, rule 1 of Civil Procedure Rules : Where defendant may be called upon to furnish security for appearance
Where at any stage of a suit, other than a suit of the nature referred to in paragraphs (a) to (d) of section 12 of the Act, the court is satisfied by affidavit or otherwise—
(a) that the defendant with intent to delay the plaintiff, or to avoid any process of the court, or to obstruct or delay the execution of any decree that may be passed against him—
(i) has absconded or left the local limits of the jurisdiction of the court; or
(ii) is about to abscond or leave the local limits of the jurisdiction of the court; or
(iii) has disposed of or removed from the local limits of the jurisdiction of the court his property or any part thereof; or
(b) that the defendant is about to leave Kenya under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit,
the court may issue a warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance:
Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim; and such sum shall be held in deposit by the court until the suit is disposed of or until the further order of the court.
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- Order 39, rule 2 - Security
(1) Where the defendant fails to show such cause the court shall order him either to deposit in court money or other property sufficient to answer the claim against him, or to furnish security for his...
- Order 39, rule 3 - Procedure on application by surety to be discharged
(1) A surety for the appearance of a defendant may at any time apply to the court in which he became a surety to be discharged from his obligation.
(2) On such application being made the court shall...
- Order 39, rule 4 - Procedure where defendant fails to furnish security or find fresh security
Where the defendant fails to comply with any order under rule 2 or rule 3, the court may commit him to prison until the decision of the suit, or, where a decree is passed against the defendant, until...
- Order 39, rule 5 - Where defendant may be called upon to furnish security for production of property
(1) Where at any stage of a suit the court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him—...
- Order 39, rule 6 - Attachment where cause not shown or security not furnished
(1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the court, the court may order that the property...
- Order 39, rule 7 - Mode of making attachment
Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.
- Order 39, rule 8 - Investigation or claim to property attached before judgment
Where any claim is preferred to property attached before judgment, such claim shall be investigated in the manner hereinbefore provided for the investigation of claims to property attached in...
- Order 39, rule 9 - Removal of attachment when security furnished or suit dismissed
Where an order is made for attachment before judgment, the court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the costs of...
- Order 39, rule 10 - Attachment before judgment not to affect rights of strangers nor bar decree holder from applying for sale
Attachment before judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying...
- Order 39, rule 11 - Property attached before judgment not to be re-attached in execution of decree
Where property is under attachment by virtue of this Order, and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary, upon an application for execution of such decree,...
- Order 40, rule 1 - Cases in which temporary injunction may be granted
Where in any suit it is proved by affidavit or otherwise—
(a) that any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold...
- Order 40, rule 2 - Injunction to restrain breach of contract or other injury
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after...
- Order 40, rule 3 - Consequence of breach
(1) In cases of disobedience, or of breach of any such terms, the court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also...
- Order 40, rule 4 - Notice of application
(1) Where the court is satisfied for reasons to be recorded that the object of granting the injunction would be defeated by the delay, it may hear the application ex parte.
(2) An ex parte...
- Order 40, rule 5 - Ruling of the court
In all applications for injunction, the court shall, after inter-partes hearing deliver its ruling either at once or within thirty days of the conclusion of the hearing with notice to the parties or...
- Order 40, rule 6 - Lapse of injunction
Where a suit in respect of which an interlocutory injunction has been granted is not determined within a period of twelve months from the date of the grant, the injunction shall lapse unless for any...
- Order 40, rule 7 - Order for injunction may be discharged, varied, or set aside
Any order for an injunction may be discharged, or varied, or set aside by the court on application made thereto by any party dissatisfied with such order.
- Order 40, rule 8 - Injunction against corporation binding on its officers
An injunction directed to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal action it seeks to restrain.
- Order 40, rule 9 - Power to order interim sale
The court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the...
- Order 40, rule 10 - Detention, preservation, inspection of property
(1) The court may, on the application of any party to a suit, and on such terms as it thinks fit—
(a) make an order for the detention, preservation, or inspection of any property which is the...
- Order 40, rule 11 - Deposit of money and other deliverables
Where the subject-matter of a suit is money or some other thing capable of delivery, and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it...
- Order 41, rule 1 - Appointment of receivers
(1) Where it appears to the court to be just and convenient, the court may by order—
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the...
- Order 41, rule 2 - Remuneration
The court may, by general or special order, fix the amount to be paid as remuneration for the services of the receiver.
- Order 41, rule 3 - Duties
Every receiver so appointed shall—
(a) furnish such security (if any) as the court thinks fit, duly to account for what he shall receive in respect of the property;
(b) submit his accounts at such...
- Order 41, rule 4 - Enforcement of receiver’s duties
Where a receiver—
(a) fails to submit his accounts at such periods and in such form as the court directs; or
(b) fails to pay the amount due from him as the court directs; or (c) occasions loss...
- Order 41, rule 5 - Removal
The court may either on its own motion or on application by any interested party, remove a receiver appointed pursuant to this order on such terms as it thinks fit.
- Order 42, rule 1 - Form of appeal
(1) Every appeal to the High Court shall be in the form of a memorandum of appeal signed in the same manner as a pleading.
(2) The memorandum of appeal shall set forth concisely and under distinct...
- Order 42, rule 2 - Filing of decree or order
Where no certified copy of the decree or order appealed against is filed with the memorandum of appeal, the appellant shall file such certified copy as soon as possible and in any event within such...
- Order 42, rule 3 - Amendment of memorandum of appeal
(1) The appellant may amend his memorandum of appeal without leave at any time before the court gives directions under rule 13.
(2) After the time limited by subrule (1) the court may, on...
- Order 42, rule 4 - Grounds which may be taken in appeal
The appellant shall not, except with leave of the court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the High Court in deciding the appeal...
- Order 42, rule 5 - One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
Where there is more than one plaintiffs or defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the...
- Order 42, rule 6 - Stay in case of appeal
(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but, the court appealed...
- Order 42, rule 7 - Security in case of order for execution of decree appealed from
(1) Where an order is made for the execution of a decree from which an appeal is pending, the court which passed the decree or the court to which an appeal is pending in terms of rule 6 shall, on...
- Order 42, rule 8 - No security to be required from the Government
No such security as is mentioned in rules 6 and 7 shall be required from the Government or where the Government has undertaken the defence of the suit or from any public officer sued in respect of an...
- Order 42, rule 9 - Exercise of powers in appeal from order made in execution of decree
The powers conferred by rules 6 and 7 shall be exercisable where an appeal may be or has been preferred not from the decree but from an order made in execution of such decree.
- Order 42, rule 10 - Register and filing of appeals
(1) A register of appeals, to be called the register of appeals, shall be kept at every registry at which appeals are filed, and the particulars of every appeal shall be entered in such register and...
- Order 42, rule 11 - Directions under section 79B
Upon filing of the appeal the appellant shall within thirty days, cause the matter to be listed before a judge for directions under section 79B of the Act.
- Order 42, rule 12 - Service of memorandum
After the refusal of a judge to reject the appeal under section 79B of the Act, the registrar shall notify the appellant who shall serve the memorandum of appeal on every respondent within seven days...
- Order 42, rule 13 - Directions before hearing
(1) On notice to the parties delivered not less than twenty-one days after the date of service of the memorandum of appeal the appellant shall cause the appeal to be listed for the giving of...
- Order 42, rule 14 - Security for costs
(1) At any time after the memorandum of appeal has been served the court, in its discretion, may order the appellant to give security for the whole or any part of the costs of such appeal.
(2) If...
- Order 42, rule 15 - Notice to be given where decree appealed from
(1) When a memorandum of appeal is lodged the court to which such appeal is preferred shall send notice of the appeal to the court from whose decree the appeal is preferred.
(2) The court receiving...
- Order 42, rule 16 - Filing declaration and written submissions
(1) Any party to an appeal who does not intend to appear in person or by advocate at the hearing of the appeal may file a declaration in writing to that effect and lodge written submissions of the...
- Order 42, rule 17 - Service of hearing notice
Notice of the day fixed for hearing of the appeal shall be served on the respondent or on his advocate in the manner provided for under Order 5.
- Order 42, rule 18 - Contents of notice
The notice to the respondent shall declare that, if he does not appear in the court to which such appeal is preferred on the day so fixed, the appeal may be heard ex parte.
- Order 42, rule 19 - Right to begin
(1) On the day fixed, or on any other day to which the hearing may be adjourned, the appellant shall be heard in support of the appeal.
(2) The court shall then, if it does not dismiss the appeal at...
- Order 42, rule 20 - Dismissal of appeal for appellant’s default
(1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, and has not filed a declaration under...
- Order 42, rule 21 - Re-admission of appeal dismissed for default
Where an appeal is dismissed under rule 20, the appellant may apply to the court to which such appeal is preferred for the re-admission of the appeal; and, where it is proved that he was prevented by...
- Order 42, rule 22 - Power to adjourn hearing and direct interested persons to be made respondents
Where it appears to the court at the hearing that any person who was a party to the suit in the court from whose decree the appeal is preferred, but who has not been made a party to the appeal, is...
- Order 42, rule 23 - Re-hearing on application of respondent against whom ex parte decree made
Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the court to which the appeal is preferred to re-hear the appeal; and if he satisfies the court...
- Order 42, rule 24 - Remand of cases
Where the court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point, and the decree is reversed on appeal, the court to which the appeal is preferred may, if it...