Order 42, rule 35 of Civil Procedure Rules : 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 appeal for hearing or to apply by summons for its dismissal for want of prosecution.
(2) If, within one year after the service of the memorandum of appeal, the appeal shall not have been set down for hearing, the registrar shall on notice to the parties list the appeal before a judge in chambers for dismissal.
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 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...
- Order 48, rule 1 - Process to be served at expense of party issuing
(1) Every process issued under these Rules shall be served at the expense of the party on whose behalf it is issued unless the court otherwise directs.
(2) The court fee chargeable for such service...
- Order 48, rule 2 - Service of Orders, notices and documents
All orders, notices and documents required by these Rules to be given to or served on any person shall, save where other provision is made, be served in the manner provided for the service of summons....
- Order 48, rule 3 - Use of forms
Forms used for the purposes of this Act shall, with such variation as the circumstances of each case may require, be those to be found in the Appendices to these Rules, and such other forms as may...
- Order 48, rule 4 - Special rules of procedure
Any special rules of procedure not contained in these Rules which may have been or may be made by the High Court shall, where they conflict with these Rules, prevail and be deemed to govern the...
- Order 49, rule 1 - Registrar to be ministerial officer
Wherever in these Rules it is provided that any ministerial act or thing may be done by the court, that act or thing may be done by the registrar or by an executive officer generally or specially...
- Order 49, rule 2 - When Judgment may be entered by Registrar
Judgment may, on application in writing, be entered by the registrar or, in a subordinate court, by an executive officer generally or specially thereunto empowered by the Chief Justice by writing...
- Order 49, rule 3 - Consent orders
Any order may, by consent of the parties evidenced in writing, be entered by the registrar or, in a subordinate court, by an executive officer so authorised in writing by the Chief Justice.
- Order 49, rule 4 - No judgment against Government in default of pleading without leave of court
Notwithstanding anything contained in rule 2, in any proceedings against the Government no judgment for the plaintiff shall be entered in default of appearance or pleading without the leave of the...
- Order 49, rule 5 - Execution may be ordered by Registrar
Formal orders for attachment and sale of property and for the issue of notices to show cause on applications for arrest and imprisonment in execution of a decree of the High Court may be made by the...