- Order 34, rule 5 of Civil Procedure Rules : Summary procedure
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims, and decide the same in a summary manner and on such terms as may be just.
- Order 34, rule 6 of Civil Procedure Rules : Costs and other orders
The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subjectmatter of the dispute, and where an order for costs is in favour of the applicant the court may give him a charge over the...
- Order 34, rule 7 of Civil Procedure Rules : Order upon a claimant’s failure to appear
If a claimant, having been duly served with a summons calling him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons, or having appeared neglects or refuses to comply with any order made after his appearance, the court may make an order declaring him and all...
- Order 34, rule 8 of Civil Procedure Rules : Questions of law
Where the question in issue is a question of law and no facts are disputed the court may decide the question without the trial of an issue.
- Order 34, rule 9 of Civil Procedure Rules : Adverse title of claimants
The applicant may be granted relief notwithstanding the fact that the titles of the claimants have not a common origin but are adverse to and independent of one another.
- Order 35, rule 1 of Civil Procedure Rules : Power to state case for court’s opinion
(1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the court, and providing that, upon the finding of the court with respect to such question—
(a) a sum of money...
- Order 35, rule 2 of Civil Procedure Rules : Where value of subject-matter must be stated
Where the agreement is for the delivery of any property, or for the doing or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the specified act has reference, shall be stated in the agreement
- Order 35, rule 3 of Civil Procedure Rules : Agreement to be filed and registered as suit
(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed in the court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subjectmatter of the agreement.
(2) The...
- Order 35, rule 4 of Civil Procedure Rules : Parties to be subject to court’s jurisdiction
Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the court and shall be bound by the statements contained therein.
- Order 35, rule 5 of Civil Procedure Rules : Hearing and disposal of case
(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of Order 10B shall apply to such suit so far as the same are applicable
(2) Where the court is satisfied, after examination of the parties, or after taking such evidence as it thinks fit—...
- Order 36, rule 1 of Civil Procedure Rules : Summary judgment
(1) In all suits where a plaintiff seeks judgment for— (a) a liquidated demand with or without interest; or
(b) the recovery of land, with or without a claim for rent or mesne profits, by a landlord from a tenant whose term has expired or been determined by notice to quit or been forfeited for...
- Order 36, rule 2 of Civil Procedure Rules : Defendant may show cause
The defendant may show either by affidavit, or by oral evidence, or otherwise that he should have leave to defend the suit.
- Order 36, rule 3 of Civil Procedure Rules : Application by Government
(1) An application under rule 1 by the Government may be verified by an affidavit of the Attorney-General stating that to the best of his knowledge and belief the plaintiff is entitled to the relief claimed and there is no defence to the action.
(2) No application under rule 1 shall be made...
- Order 36, rule 4 of Civil Procedure Rules : Time for defence
If a defendant is granted leave to defend he shall file his defence within fourteen days of the grant of leave unless the court otherwise orders.
- Order 36, rule 5 of Civil Procedure Rules : Judgment for part of claim
If it appears that the defence set up in the affidavit by the defendant applies only to a part of the plaintiff’s claim, or that any part of his claim is admitted, the plaintiff shall have judgment forthwith for such part of his claim as the defence does not apply to, or as is admitted, subject to...
- Order 36, rule 6 of Civil Procedure Rules : Procedure where more than one defendant
If it appears to the court that any defendant has a good defence to, or ought to be permitted to defend the suit, and that any other defendant has not a good defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to judgment...
- Order 36, rule 7 of Civil Procedure Rules : Leave to defend
Leave to defend may be given unconditionally, or subject to such terms as to giving security or time of trial or otherwise, as the court thinks fit.
- Order 36, rule 8 of Civil Procedure Rules : Costs
(1) The costs of and incidental to all applications under this Order shall be dealt with by the court on the hearing of the application, and the court shall order by and to whom, and when the same shall be paid, or may reserve them to be dealt with at the trial:
Provided that in case no trial...
- Order 36, rule 9 of Civil Procedure Rules : Forms
Form Nos. 24 and 25 of Appendix A, adapted to circumstances, shall be utilised for the respective purposes for which they are designed.
- Order 36, rule 10 of Civil Procedure Rules : Setting aside of judgment
Any judgment, given against any party who did not attend at the hearing of an application under this Order, may, on application be set aside or varied on such terms as are just.
- Order 37, rule 1 of Civil Procedure Rules : Who may take out originating summons and in respect of what matters
The executors or administrators of a deceased person, or any of them, and the trustees under any deed or instrument, or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, heir, or legal representative of a deceased person, or as cestui que trust...
- Order 37, rule 2 of Civil Procedure Rules : Order for administration of estate or trust
Any of the persons named in rule 1 may in like manner apply for and obtain an order for—
(a) the administration of the personal estate of the deceased;
(b) the administration of the real estate of the deceased; (c) the administration of the trust.
- Order 37, rule 3 of Civil Procedure Rules : Summons by vendor or purchaser of land
A vendor or purchaser of immovable property or their representatives respectively may, at any time or times, take out an originating summons returnable before the judge sitting in chambers, for the determination of any question which may arise in respect of any requisitions or objections, or any...
- Order 37, rule 4 of Civil Procedure Rules : Summons by a mortgagee, mortgagor and others
Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable...
- Order 37, rule 5 of Civil Procedure Rules : Caveats
An application under section 116 of the Government Lands (Cap. 280) Act or section 57 of the Registration of Titles Act (Cap. 281) shall be made by originating summons unless there is pending a suit involving the same lands when the application may be made by summons in that suit.
- Order 37, rule 6 of Civil Procedure Rules : Extension of limitation period
(1) An application under section 27 of the Limitation of Actions Act made before filing a suit shall be made ex parte by originating summons supported by affidavit.
(2) Any such application made after the filing of a suit shall be made ex parte in that suit.
- Order 37, rule 7 of Civil Procedure Rules : Adverse possession
(1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons.
(2) The summons shall be supported by an affidavit to which a certified extract of the title to the land in question has been annexed.
(3) The court shall direct on whom and in what manner...
- Order 37, rule 8 of Civil Procedure Rules : Application under the Registered Land Act
An application under the Registered Land Act (Cap. 300) other than under sections 120, 128, 133, 138, 143 and 150 thereof shall be made by originating summons unless there is pending a suit involving the same lands when the application may be made in that suit.
- Order 37, rule 9 of Civil Procedure Rules : Application under Chattels Transfer Act
An application under section 9 of the Chattels Transfer Act (Cap. 28) shall be made by originating summons ex parte supported by an affidavit setting out the grounds relied upon.
- Order 37, rule 10 of Civil Procedure Rules : Summons by a member of a partnership
When the existence of a partnership, or the right to a partnership, or the fact of the dissolution thereof, is not in dispute, any partner in a firm or his representatives may take out an originating summons returnable before the judge sitting in chambers against his partners or former partners or...