I APPLICATIONS UNDER THE CIVIL PROCEDURE RULES AND THE MANNER IN WHICH THEY MADE ORDER NATURE OF APPLICATION MANNER OF JUSTIFICATION |__ | APPLICATION 1—Parties | To add or strike out or substitute a plaintiff or Chainber Summons or | Provided in the rule | to Suits defendant — Rules 10 and 14 Oral ‘Leave to issue third party notice — Rule 15 Ex-parte Chamber | Provided in the rule _ Summons Leave by third party to enter appearance out of time — Provided in the rule Rule 17 ‘An order that Government as third party having Chamber Summons | Provided in the rule failed to enter appearance in time be liable to the extent claimed in the third party notice ~ Rule 18 Judgment against third party in default—Rule 19 | Chamber Summons or | Provided in the rule Oral Leave to enter judgment in default of appearance Chamber Summons | Provided in the rule | against the Government as third party - Rule 20 Execution of judgment by defendant against third | Notice of Motion | Reliance shall be party where judgment entered after trial against third placed on Order 51 as party in default the manner of application is not - | prescribed Judgment against third party in default where suit | Exparte Notice of | Provided in the rule decided in plaintiff's favour otherwise than by trial- | Motion Rule 21(2) | Directions for the trial of the question of liability | Chamber Summons | Provided in the nile | between defendant and third party ~ Rule 22 | ; 2- Request for further information on the pleadings — | Notice in writing Provided in the rule Pleadings | Rule 1(2) Generally An order that no further information is reasonably Chamber Summons Provided in the rule | required on the pleadings ~ Rule 1(3) - | Leave to give particulars of evidence in mitigation at | Notice of Motion Reliance shall be the trial in action for libel or slander where defence placed on Order 51 as fails to assert the truth of statement complained of ~ the manner of Rule 8 | application is not | prescribed Striking out pleadings Rule 15 Notice of Motion | Reliance shall be placed on Order 51 as the manner of application is notprescribed 3- Frame and institution of suit ‘An order for separate trials where any causes of action joined in one suit cannot be conveniently tried together — Rule 8 ‘Notice of Motion Reliance shall be placed on Order 5 the manner of application is not prescribed Leave to file witness statements after suit has been filed — Rule 2 Notice of Motion Reliance shail be placed on Order 5 the manner of application is not, prescribed 4—Plaint Striking out plaint or counterclaim not accompanied by a proper verifying affidavit - Rule 1(6) Notice of Motion | Reliance shall be placed on Order 5 the manner of application is not ibed 5-Issue and service of summons ‘Extension of validity of summons — Rules 2(2) and (3) Affidavit. prescril Provided in the ru Substituted service - Rule 17 Service out of Kenya - Rule 21 | Notice of Motion Notice of Motion Reliance shall be placed on Order 5 the manner of application is not | prescribed Reliance shall be placed on Order 5 the manner of application is not prescribed Service of other process out of the jurisdiction — Rule | 22 Notice of Motion Reliance shail be placed on Order 5 the manner of application is not prescribed ‘Service of summons out of Kenya in probate and ‘marriage suits — Rule 24 "| Notice of Motion Reliance shall be placed on Order 5 | the manner of | application is not prescribed Order for substituted service of foreign legal process by the Attorney-General — Rule 33 Notice of Motion Reliance shail be | placed on Order 5 | the manner of application is not prescribed 7— Defence and Counterclai Leave to file witness statements after defence or counterclaim has been filed— Rule 5 Notice of Motion Reliance shall be placed on Order 5 the manner ofExclusion of counterclaim - Rule 12 | | Notice of Motion application is not | | prescribed Reliance shail be placed on Order 51 the manner of application is not prescribed Leave to deliver further defence or further reply where a new ground of defence arises — Rule 16 Notice of Motion Reliance shall be placed on Order 51 ‘the manner of application is not | prescribed Order for costs where a new ground of defence has arisen which has been confessed by the plaintiff-Rule 16(3) Chamber Summons | Provided for in the rule Leave to plead pleadings subsequent to reply — Rule 17 Notice of Motion Reliance shall be | placed on Order 51 the manner of application is not prescribed 8 Amendmen tof pleadings Application for disallowance of amendment - Rule 2 ‘Orally of Notice of Motion Provided under nile of the Order. Order is also applicable si rule 8 above is not mandatory terms Leave to amend pleadings — Rule 3 ‘Orally or Notice of Motion Provided under rule of the Order. Order is also applicable si tule 8 above is not mandatory terms, “Leave to amend originating process — Rule 4 Orally or Notice of Motion Provided under rule of the Order. Order is also applicable si rule 8 above is not mandatory terms. ‘Order toramend any document save for judgment or order—Rule 5 Orally or Natice of Motion Provided under ru of the Order. Order is also applicable si tule 8 above is not) mandatory terms. = Recognized agents Order to effect change of advocate or intention to act in person after judgment ~ Rule 9 | Notice of Motion Reliance shall be placed on Order 51 the manner of application is not prescribed Removal of advocate from record at instance of Notice of Motion Reliance shall be2 [ another party - Rule 12 placed on Order 5 the manner of application is not | | prescribed | Withdrawal oF advocate who has ceased to act fora Chamber summons | Provided in the rul party - Rule 13(1) 10- Assignment of guardian in suits against infants and | Notice of Motion Reliance shall be Consequen | persons of unsound mind — Rule 1 placed on Order 51 ce of non- the manner of appearance | application is not + default of _| prescribed defence and | Striking out memorandum of appearance or defence Notice of Motion Reliance shall be failure to | where defendant fails to serve ~ Rule 3 placed on Order 51 serve | the manner of application is not prescribed Judgment in default oF appearance or defence ~ Rules | Presoribed Form Provided in the rule: 4,5, 6, 7 and 10 (Form No. 13 of L | Appendix A) Judgment in default against the government ~Rule 8 | Novice of Motion Reliance shall be placed on Order 51 the manner of | application is not prescribed Setting aside default judgment —Rule 11 | Notice of Motion Reliance shall be placed on Order 51 a documents the manner of | | application is not | prescribed R= Setting aside judgment or dismissal ~ Rule 7 Notice of Motion Reliance shail be Hearing placed on Order 51 as and the manner of Consequen application is not ve of non- prescribed attendance _ _ 13- Judgment on admissions — Rule 2 Notice of Motion Reliance shall be Admissions | placed on Order 51 as the manner of application is not prescribed. 1+ APplication for production, impounding and return of | Notice of Motion Provided in the rule Production, | documents-Rule 6(2) supported by affidavit Impoundm ent and return ofRule 12 15-Issues | Order for security for attendance by a person | Chamber Summons | Provided in the rale summoned to give evidence-Rule /5(2) | ie Application for summoning and attendance of Oral or Summons in | Provided in the rale Summonin | witnesses-Rule 15(2) Chambers gand | attendance of witnesses _| _ on 17 Application for adjoumment-Rule 1 Orally in court This enables the court Prosecution 10 listen to the reasons of suits and make a determination on the issue prompt) 18-Hearing | Application for evidence before trial-Rule 9 ‘Summons in chamber Provided in the rule of suits and examinatio nof witnesses 19- Application to give affidavit evidence-Rule 2(1) ‘Summons in chambers | Provided in the rule Affidavits | or oral Applications relating to affidavits-Rule 9 ‘Chamber Summons Provided in the rule 20- ‘Application for order for accounts-Rule I Summons in chambers | Provided in the rule Application for an account a 21- Application for orders for judgment on admission- Notice of Motion Provided in the rule Judgment | Rule 1 and decree ee - 2 Application for Execution-Rule 6 Notice of Motion | Reliance shall be Execution | placed on Order 51 as of decrees ‘the manner of and Orders application is not prescribed. Application for execution of decree for payment of Orally in court Provided in the rule money-Rule 7(1) | Application for execution by joint Decree Holder- | Notice of Motion Reliance shall be Rule 1 | placed on Order 51 as | | the manner of application is not _ prescribed. ‘Application for execution by transferee of decree- | Notice of Motion Reliance shall be placed on Order 51 as the manner of application is not prescribedApplication far abjection to attachment-Rule 51 ] Notice of Motion Provided in the rule Be Application for order for attachment of debts-Rule |__| Notice of Motion Reliance shall be Attachment placed on Order 51 as of debt the manner of | application is not : prescribed 24-Death | Application to enjoin Tegal representative of Notice of Motion Reliance shall be and | deceased plaintiff to suit-Rule 3 placed on Order 51 as Bankrupte | the manner of y of Parties | | application is not Lo nee | prescribed ‘Application to enjoin the legal representative of ‘Notice of Motion Reliance shall be deceased defendant-Rule 4 placed on Order 51 as the manner of application is not 7 prescribed. ‘Application to set aside an order of dismissal-Rule | Notice of Motion Reliance shall be 72). placed on Order 51 as the manner of application is not : _ prescribed 25- Application for withdrawal by plaintiff Rule 1 ' Notice of Motion Provided in the rule Withdrawa { ee 4 Application for discontinuance and Compromise- | Written Consent Provided in the rule Discontinu | Rule 5 ance and Agreement/Written Adjustment consent of Suits 7 - _ 26-Security | Application for cost before defence is filed-Rule2 | Notice of Motion Reliance shall be for Costs placed on Order 51 as the manner of | application is not Application to dismiss suit for failure to give "Notice of Motion security-Rule $ placed on Order 51 as the manner of application is not I _ prescribed. 2 Payment into court-Rule 1 Notice of Motion Provided in the rules Payment | Acceptance of payment-Rule 2 (1) ‘Notice of Motion Provided in the rules into court | Application to the registrar for costs assessmeni-Rule | By way of letter The rules provide that and Tender | 2(3) the registrar should be notified in writing and ~ a letter is the most effective for suchApplication for an order for approval of term: ‘Chamber summons —_| Provided in the rules settlement in a defamation case-Rule 2(4) 28- ‘Application for commission-Rule 4 Notice of Motion Reliance shall be Commissio placed on Order 51 as nand the manner of References application is not [_ _ prescribed ‘Application by Commissioner for supply of court | By way of Letter We propose this since ptocesses-Rule 15 ‘the commissioner is appointed by court and only communicates to the by way of letter. 29- ‘Application for certificate under Order 21-Rule3 | By way of letter to the Provided in the rules Proceeding Registrar s by or Notice of Motion to against the | _ the Court - | Governmen | Application for attachment of debt or appointment of | By Summons to the | Provided in the rules t areceiver-Rule 4 Deeree-holder a Order restraining a judgment debtor from receiving | Chamber summons _| Provided in the rules money owed to him by Government and directing that payment be made to the decree holder or a receiver- Rule 4(2) 30-Suits by | Application for disclosure of partners names-Rule 2 | Application made The demands first or against orally in court or by | made to the advocates ‘Firms or Notice of Motion of the firm and as such other the resort to court is | persons only upon their | carrying refusal out: business in names other than their own _ 31- Suits by | Application to enjoin beneficiaries to suit-Rule |__| Notice of Motion Reliance shall be or against placed on Order 51 as Trustees, the manner of Executors application is not and | prescribed | Administra | tors | a _ 32-Suits by | All applications under the Order Notice of Motion Reliance shall be or against placed on Order 51 as minors and the manner of persons of application is not unsound | prescribed.By Minor on attaining majority- Rule 12(5) _| Chamber Summons Provided in the rules All applications under the order | Notice of Motion Reliance shall be placed on Order 51a the manner of application is not prescribed. | Interpleader application-Rule 1 ‘Application for costs and other orders-Rule 6 | By way of Originating summons-In a fresh ‘suit | By way of Summons in the plaint-in a _| pending suit Notice of Motion Provided under the rules. | Reliance shall be placed on Order 51 a the manner of application is not prescribed. 36- | Summary | Procedure Application for default judgmeni—Rule 1 Rudgement entered wotthourt Lec indent thas no Geel efenee - Notice of Motion Reliance shall be placed on Order 51 a the manner of application is not prescribed. 37 Originating summons ‘Applications relating to the removal of caveats ina pending suit-Rule 5 ‘Chamber Summons Provided in the rules 38- Selection of Test suit Application for stay-Rule I and 2 Notice of Motion Reliance shall be placed on Order 51 a the manner of application is not prescribed. 39-Arrest and Attachment before Judgment | Application for defendant to furnish security for appearance- Rule 1 Notice of Motion Reliance shall be placed on Order 51 a the manner of application is not prescribed. Application for discharge by surety—Rule 3 (1) Notice of Motion Reliance shall be placed on Order 51 the manner of application is not prescribed. Application for defendant to furnish security for production of property-Rule 5 Notice of Motion Reliance shall be placed on Order 51 a the manner of application is not sprescribed. Application for injunctions -Rule 3 (3) Notice of Motion Provided in the Rule‘Temporary Injunetions 7 and \ Interlocuto | \ry Application | 8 41- ‘Application for appointment and Removal of a Notice of Motion Reliance shall be Appointme | receiver appointed-Rule 1 and 5 placed on Order 51 as nt of the manner of Receivers | application is not [ _ prescribed, 42 Application for stay of execution-Rule 5 —| Orally in-court | Provided in the Rule Appeals Application by the Respondent to either set down the | Chamber summons | Provided in the Rule appeal for hearing or dismiss for want of prosecution- Rule 31(5) _ | Application done by the Registrar to either set down | Chamber Summons | Provided in the Rule | the appeal for hearing or dismiss it for want of | | prosecution-Rule 35(2) = a | 43- Appeals | Applications subject to sec 75 of the Civil Procedure | Orally Provided in the Rule from Act for leave of court to appeal within 14 days-Rule Orders 1Q) _ | 46 Application to appoint an arbitrator-Rule 5(1) ¢ Letter to the court —_| Provided in the Rule Arbitration under Order of | the Court and Alternative Dispute Resolution | 49- Special | Application for leave for entry of default judgment | Notice of Motion Provided in the Rule Powers of |_against the Government-Rule 4 the | Application for Executions that may be ordered by __| Leiter to Registrar Provided in the Rule Registrars | the Registrar- Rule 5 Application for Hearing of an appeal froma decision | Chamber Summons | Provided in the Rule of the Registrar -Rule 7 (2) 51: All applications to the court including in reference Notice of Motion Provided in the Rule Application | with the Government Proceeding Act-Rule 1 and 2: _| 8 Rule 11: Costs awarded and other reliefs shall be Originating Summons | Provided in the Rule taxed only at the conclusion of the suit : | 52 Application for order to advocate to deliver Originating Summons | Provided in the Rule Advocates | accounts and documents-Rule 4 supported by an Act a _| affidavit | ‘Application for taxation by third parties under sec 50 | Originating summons | Provided in the Rule (1) of the Advocates Act Rule 5 supported by an |aN 1 affidavit Application for a charging order- Rule 6(1) Chamber Summons | Provided in the Rule Application for an order for the enforcement ofan | Chamber Summons | Provided in the Rule undertaking given by an advocate in a suit in the High Court- Rule 7 (1)(a) Application for an order for the enforcement ofan | Originating Summons | Provided in the Rule undertaking in any other case- Rule 7(1) (b) 53. Application for leave of court shall be made ex parte- | Chamber summons Provided in the Rule Judicial | Rule2 7 Review —_| Application for an order of mandamus, prohibition | Notice of Motion Provided in the Rule and certiorari- Rule 3