Order 52, rule 1 of Civil Procedure Rules : Interpretation
In this Order—
“the Act” means the Advocates Act (Cap. 16);
“the Disciplinary Committee” means the Disciplinary Committee established under section 57 of the Advocates Act;
Cap. 18.
“the Society” means the Society established and incorporated by section 3 of the Law Society of Kenya Act.
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- Order 52, rule 2 - Appeals to the Chief Justice
(1) A petition of appeal to the Chief Justice under section 26(2) of the Act shall have annexed to it a copy of the decision of the registrar appealed from.
(2) Every petition of appeal shall be...
- Order 52, rule 3 - Applications with respect to remuneration
(1) Any application under section 45 of the Act shall be intituled in the matter of the Act and shall be supported by affidavit.
(2) An application under section 45(2) of the Act shall be served on...
- Order 52, rule 4 - Power to order advocate to deliver accounts and documents
(1) Where the relationship of advocate and client exists or has existed the court may, on the application of the client or his legal personal representative, make an order for—
(a) the delivery by...
- Order 52, rule 5 - Application for taxation by third parties
(1) An application under section 50(1) of the Act shall be by originating summons supported by affidavit.
(2) The summons shall be served on the advocate and on the party chargeable with the bill....
- Order 52, rule 6 - Application for charging order
(1) An application for a charging order under section 52 of the Act shall be made in the suit or matter by summons in chambers supported by affidavit.
(2) The application shall be served on the...
- Order 52, rule 7 - Application for order for enforcement of an undertaking
(1) An application for an order for the enforcement of an undertaking given by an advocate shall be made—
(a) if the undertaking was given in a suit in the High Court, by summons in chambers in that...
- Order 52, rule 8 - Title and service of appeal
(1) A memorandum of appeal under section 62(1) or section 73(1) of the Act shall be intituled “in the matter of the Act”, and “in the matter of an advocate”, or, as the case may be, an advocate’s...
- Order 52, rule 9 - Discontinuance of appeal
(1) An appellant under section 62(1) or section 73(1) of the Act may at any time discontinue his appeal by filing a notice of discontinuance and serving it on every party to the appeal and on the...
- Order 52, rule 10 - Procedure
(1) An originating summons under this Order shall be made returnable for a fixed date before a judge in chambers and, unless otherwise directed, shall be served on all parties at least seven clear...
- Order 53, rule 1 - Applications for mandamus, prohibition and certiorari to be made only with leave
(1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule.
(2) An application for such leave as...
- Order 53, rule 2 - Time for applying for certiorari in certain cases
Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of its being quashed, unless the application for...
- Order 53, rule 3 - Application to be by notice of motion
(1) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court, and there...
- Order 53, rule 4 - Statements and affidavits
(1) Copies of the statement accompanying the application for leave shall be served with the notice of motion, and copies of any affidavits accompanying the application for leave shall be supplied on...
- Order 53, rule 5 - Applicant to have right to begin
On the hearing of any such motion as aforesaid, the applicant shall have the right to begin.
- Order 53, rule 6 - Right to be heard in opposition
On the hearing of any such motion as aforesaid, any person who desires to be heard in opposition to the motion and appears to the High Court to be a proper person to be heard shall be heard,...
- Order 53, rule 7 - Provisions as to orders of certiorari for the purpose of quashing proceedings
(1) In the case of an application for an order of certiorari to remove any proceedings for the purpose of their being quashed, the applicant shall not question the validity of any order, warrant,...
- Order 54, rule 1 - Revocation of Civil Procedure Rules. Sub. leg.
The Civil Procedure Rules are revoked.
- Order 54, rule 2 - Transitional provisions
In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of these rules, the provisions of these rules shall...