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Section 2 of Civil Procedure Act CAP 21: Interpretation

    

In this Act, unless the context otherwise requires—
“Act” includes rules;
“court” means the High Court or a subordinate court, acting in the exercise of its civil jurisdiction;
“decree” means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final; it includes the striking out of a plaint and the determination of any question within section 34 or section 91, but does not include—
(a) any adjudication from which an appeal lies as an appeal from an order; or
(b) any order of dismissal for default:
Provided that, for the purposes of appeal, “decree” includes judgment, and a judgment shall be appealable notwithstanding the fact that a formal decree in pursuance of such judgment may not have been drawn up or may not be capable of being drawn up;
Explanation. — A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
“decree holder” means any person in whose favour a decree has been passed or an order capable of execution has been made, and includes the assignee of such decree or order;
“district” means the local limits of the jurisdiction of a subordinate court;
“foreign court” means a court situate outside Kenya which has no authority in Kenya;
“foreign judgment” means the judgment of a foreign court;
“impartial” in relation to a dispute means being and being seen to be unbiased towards parties to a dispute, their interests and the options they present for settlement;
“judge” means the presiding officer of a court;
“judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;
“legal representative” means a person who in law represents the estate of a deceased person, and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;
“mediation” means an informal and non-adversarial process where an impartial mediator encourages and facilitates the resolution of a dispute between two or more parties, but does not include attempts made by a judge to settle a dispute within the course of judicial proceedings related thereto; “mediation rules” means the mediation rules made under this Act;
“mediator” means an impartial third party selected to carry out a mediation;
“mesne profits”, in relation to property, means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but does not include profits due to improvements made by the person in wrongful possession;
“movable property” includes growing crops;
“order” means the formal expression of any decision of a court which is not a decree, and includes a r. nisi;
“pleading” includes a petition or summons, and the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any defence or counterclaim of a defendant;
“prescribed” means prescribed by rules;
“registrar” includes a district registrar and a deputy registrar;
“rules” means rules and forms made by the Rules Committee to regulate the procedure of courts;
“share in a corporation” includes stock, debenture stock, debentures and bonds;
“suit” means all civil proceedings commenced in any manner prescribed.

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Disclaimer: This document is not to be taken as legal advise.

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