Order 42, rule 26 of Civil Procedure Rules : Power to order new trial
If upon the hearing of an appeal it shall appear to the court to which the appeal is preferred that a new trial ought to be had, it shall be lawful for the said court, if it shall think fit, to order that the judgment and decree shall be set aside, and that a new trial shall be had.
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- Order 42, rule 27 - Production of additional evidence in appellate court
(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the court to which the appeal is preferred; but if—
(a) the court from whose decree...
- Order 42, rule 28 - Mode of taking additional evidence
Wherever additional evidence is allowed to be produced, the court to which the appeal is preferred may either take such evidence or direct the court from whose decree the appeal is preferred or any...
- Order 42, rule 29 - Limits to be defined and recorded
Where additional evidence is directed or allowed to be taken the court to which the appeal is preferred shall specify the limits to which the evidence is to be confined and record on its proceedings...
- Order 42, rule 30 - Where court consist of more than one judge
Where the court consists of more than one judge, the decree of the court shall be drawn in accordance with the findings of the majority.
- Order 42, rule 31 - What judgment may direct
The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the decree in appeal shall take, or...
- Order 42, rule 32 - Power of appellate court on appeal
The court to which the appeal is preferred shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as...
- Order 42, rule 33 - Preparation and contents of decree
The decree of the court to which the appeal is preferred shall be dated, drawn up, sealed and signed as directed by rules 7, 8 and 9 of Order 21 with any necessary modifications.
- Order 42, rule 34 - Certified copy of decree to be sent to court whose decree appealed from
A copy of the judgment and of the decree, certified by the High Court, or such officer as it appoints in this behalf, shall be sent to the court which passed the decree appealed from, and shall be...
- Order 42, rule 35 - Dismissal for want of prosecution
(1) Unless within three months after the giving of directions under rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at liberty either to set down the...
- Order 43, rule 1 - Appeals from Orders
(1) An appeal shall lie as of right from the following Orders and rules under the provisions of section 75(1)(h) of the Act—
(a) Order 1 (parties to suits);
(b) Order 2 (pleadings generally);...
- Order 43, rule 2 - Procedure
The rules of Order 42 shall apply, so far as may be, to appeals from orders.
- Order 43, rule 3 - Saving
Nothing in this Order shall apply to any adjudication which, as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in...
- Order 44, rule 1 - Who may appeal as a pauper
Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to...
- Order 44, rule 2 - Inquiry into pauperism
The inquiry into the pauperism of the applicant may be made either by the High Court or under the orders of the High Court by the court from whose decision the appeal is preferred:
Provided that, if...
- Order 45, rule 1 - Application for review of decree or order
(1) Any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or
(b) by a decree or order from which no...
- Order 45, rule 2 - To whom applications for review may be made
(1) An application for review of a decree or order of a court, upon some ground other than the discovery of such new and important matter or evidence as is referred to in rule 1, or the existence of a...
- Order 45, rule 3 - When court may grant or reject application
(1) Where it appears to the court that there is not sufficient ground for a review, it shall dismiss the application.
(2) Where the court is of opinion that the application for review should be...
- Order 45, rule 4 - Application where more than one judge hears
(1) Where the application for a review is heard by more than one judge and the court is equally divided the application shall be dismissed.
(2) Where there is a majority, the decision shall be...
- Order 45, rule 5 - Re-hearing upon application granted
When an application for review is granted, a note thereof shall be made in the register, and the court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit.
- Order 45, rule 6 - Bar of subsequent applications
No application to review an order made on an application for a review of a decree or order passed or made on a review shall be entertained.
- Order 46, rule 1 - Parties to a suit may apply for arbitration
Where in any suit all the parties interested who are not under disability agree that any matter in difference between them in such suit shall be referred to arbitration, they may, at any time before...
- Order 46, rule 2 - Appointment of arbitrator
The arbitrator shall be appointed in such manner as may be agreed upon between the parties.
- Order 46, rule 3 - Form of order
(1) The court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall fix such time as it thinks reasonable for the making of the award, and...
- Order 46, rule 4 - Provisions where two or more arbitrators
(1) Where the reference is to two or more arbitrators provision shall be made in the order for a difference of opinion among the arbitrators—
(a) by the appointment of an umpire; or
(b) by...
- Order 46, rule 5 - Power to appoint arbitrator
(1) In any of the following cases, namely—
(a) where the parties cannot agree within thirty days with respect to the appointment of an arbitrator, or the person appointed refuses to accept the...
- Order 46, rule 6 - Power of arbitrator or umpire appointed by court
Every arbitrator or umpire appointed under r. 4 or r. 5 shall have the like powers as if his name had been inserted in the order of reference.
- Order 46, rule 7 - Summoning witnesses and default
(1) The court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the court may issue in suits tried before it.
(2) Persons not attending...
- Order 46, rule 8 - Extension of time for making award
(1) The parties may, by filing an agreement in writing, extend the time for the making of the award, whether or not at the date of the agreement time has expired, and whether or not an award has been...
- Order 46, rule 9 - Where umpire may arbitrate in lieu of arbitrators
Where an umpire has been appointed he may enter on the reference in the place of the arbitrators—
(a) if they have allowed the appointed time to expire without making an award, or
(b) if they have...
- Order 46, rule 10 - Award to be signed, dated and filed
Where an award in a suit has been made, the persons who made it shall sign it, date it and cause it to be filed in court within fourteen days together with any depositions and documents which have...
- Order 46, rule 11 - Time for reading award may be fixed
(1) The registrar shall within fourteen days of filing of the award notify the parties of such filing and the notice shall specify a date and time for reading the award.
(2) The award shall be read...
- Order 46, rule 12 - Statement of special case by arbitrators or umpire
Upon any reference by an order of the court, the arbitrator or umpire may, and shall if so directed by the court, state the award as to the whole or any part thereof in the form of a special case for...
- Order 46, rule 13 - Costs of arbitration
The court may make such order as it thinks fit in respect of the costs of an arbitration save to the extent to which an award of costs has been properly made by the arbitrator.
- Order 46, rule 14 - Power to modify or correct award
The court may modify or correct an award—
(a) where it appears that a part of the award is upon a matter not referred to
arbitration and such part can be separated from the other part and does not...
- Order 46, rule 15 - Power to remit for reconsideration
(1) The court may remit an award, or any other matter referred to arbitration, for reconsideration by the same arbitrator or umpire upon such terms as it thinks fit—
(a) where the award has left...
- Order 46, rule 16 - Grounds for setting aside award
(1) The court may set aside an award on the following grounds only—
(a) corruption or misconduct of the arbitrator or umpire; or
(b) that either party has fraudulently concealed any matter which...
- Order 46, rule 17 - Time for application
An application may be made under rules 13, 14, 15 and 16 within thirty days of receipt by the applicant of notice of the filing of the award under rule 10 or, where a date for reading the award has...
- Order 46, rule 18 - Judgment on award
(1) The court shall on request by any party with due notice to other parties enter judgment according to the award—
(a) when no application has been made within the time allowed by rule 17; or...
- Order 46, rule 19 - Forms
Form Nos. 28 to 32 of Appendix A shall be used for the respective purposes therein mentioned.
- Order 46, rule 20 - Alternative dispute resolution
(1) Nothing under this order may be construed as precluding the court from adopting and implementing, of its own motion or at the request of the parties, any other appropriate means of dispute...
- Order 47, rule 1 - Institution of suits in High Court
Every suit in the High Court may be instituted at the central office of that court situate in Nairobi or in a District Registry.
- Order 47, rule 2 - Schedule of District Registries and areas
(1) There shall be District Registries and Deputy Registrars of the High Court at the places and for the areas set out in the Schedule in Appendix G.
(2) The Chief Justice may by notice in the...
- Order 47, rule 3 - Title of suits filed in a District Registry
Suits filed in a District Registry shall be intituled as suits in “The High Court of Kenya at (District Registry)”, and shall be serially numbered in that Registry.
- Order 47, rule 4 - Suits filed in a registry remain there when all defendants reside within that area
Where the defendant resides or carries on business, or all the defendants (if more than one) reside or carry on business within the area in the District Registry whereof a suit has been instituted,...
- Order 47, rule 5 - Proceedings against the Government
Notwithstanding anything in rule 4, in any civil proceedings against the Government the defendant shall for the purposes of this Order be deemed neither to reside nor to carry on business within the...
- Order 47, rule 6 - Place of trial
(1) Every suit whether instituted in the Central Office or in a District Registry of the High Court shall be tried in such place as the court may direct; and in the absence of any such direction a...
- Order 47, rule 7 - All preliminary steps taken before the District Registrar
In a suit proceeding in a District Registry all formal steps preliminary to the trial and all interlocutory applications shall, in the absence of a judge, be made and taken before the District...
- Order 47, rule 8 - Appeal from decision of District Registrar
(1) Any person affected by any order or decision of a District Registrar made in any preliminary step or upon an interlocutory application may appeal to a judge; and such appeal may be made...
- Order 47, rule 9 - Taxations in District Registries
A District Registrar with regard to suits tried in his area shall have the same power of taxing costs as the registrar has as a taxing officer under any Rules of Court, and all such rules shall apply...
- Order 47, rule 10 - Appeals from subordinate courts
An appeal from a decree or order of a subordinate court to the High Court may be filed in the District Registry within the area of which such subordinate court is situate; and the District Registrar...