Civil Procedure Rules
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Every pleading in civil proceedings must state the circumstances in which the liability is alleged to have arisen and, for proceedings against the Government, must name the departments and officers concerned.
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- Legal Notice 151 of 2010
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Pleadings must contain necessary particulars of claims, defences or matters pleaded; the court may order parties to provide particulars or statements; particulars alleging knowledge or notice require specific particulars; particulars must be in specified forms and filed as required. Allegations of fact in a party's pleading are deemed admitted by the opposing party unless traversed or denied; specific traverses are required for pleadings, general denials are insufficient, and a traverse may be by denial or non-admission. Section 12 sets out when a joinder of issue arises and states that a party may expressly join issue in his pleading on the immediately preceding pleading; it also provides that a joinder of issue operates as a denial of every material allegation of fact unless an express joinder excepts an allegation as admitted. Pleadings in a suit close fourteen days after service of the reply or defence to counterclaim, or if neither is served, fourteen days after service of the defence. Raising a technical objection to any pleading because of a want of form is not permitted.
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Provisions of Civil Procedure Rules
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1. Pleadings generally [Order 2, rule 1]
AI-assisted research summary: Every pleading in civil proceedings must state the circumstances in which the liability is alleged to have arisen and, for proceedings against the Government, must name the departments and officers concerned.
Section 1. Pleadings generally [Order 2, rule 1] Section 1(1) Every pleading in civil proceedings including proceedings against the Government shall contain information as to the circumstances in which it is alleged that the liability has arisen and, in the case of the Government, the departments and officers concerned. Section 1(2) In such proceedings if the defendant considers that the pleading does not contain sufficient information as aforesaid, the defendant may, at any time before the time limited by the summons for appearance has expired, by notice in writing to the plaintiff, request further information as specified in the notice. Section 1(3) Where such a notice has been given, the time for appearance shall expire four days after the defendant has notified the plaintiff in writing that the defendant is satisfied or four days after the court has, on the application of the plaintiff by chamber summons served on the defendant not less than seven days before the return day, decided that no further information is reasonably required. - 10
10. Particulars of pleading [Order 2, rule 10]
AI-assisted research summary: Pleadings must contain necessary particulars of claims, defences or matters pleaded; the court may order parties to provide particulars or statements; particulars alleging knowledge or notice require specific particulars; particulars must be in specified forms and filed as required.
Section 10. Particulars of pleading [Order 2, rule 10] Section 10(1) Subject to subrule (2), every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing— Section 10(1)(a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and Section 10(1)(b) where a party pleading alleges any condition of the mind of any person, whether any disorder or disability of mind or any malice, fraudulent intention or other condition of mind except knowledge, particulars of the facts on which the party relies. Section 10(2) The court may order a party to serve on any other party particulars of any claim, defence or other matter stated in his pleading, or a statement of the nature of the case on which he relies, and the order may be made on such terms as the court thinks just. Section 10(3) Where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, then, without prejudice to the generality of subrule (2), the court may, on such terms as it thinks just, order that party to serve on any other party— Section 10(3)(a) where he alleges knowledge, particulars of the facts on which he relies; and Section 10(3)(b) where he alleges notice, particulars of the notice. Section 10(4) An order under this rule shall not be made before the filing of the defence unless the order is necessary or desirable to enable the defendant to plead or for some other special reason. Section 10(5) No order for costs shall be made in favour of a party applying for an order who has not first applied by notice in Form No. 2 of Appendix B which shall be served in duplicate. Section 10(6) Particulars delivered shall be in Form No. 3 of Appendix A which shall be filed by the party delivering it together with the original notice and shall form part of the pleadings. - 11
11. Admissions and denials [Order 2, rule 11]
AI-assisted research summary: Allegations of fact in a party's pleading are deemed admitted by the opposing party unless traversed or denied; specific traverses are required for pleadings, general denials are insufficient, and a traverse may be by denial or non-admission.
Section 11. Admissions and denials [Order 2, rule 11] Section 11(1) Subject to subrule (4), any allegation of fact made by a party in his pleading shall be deemed to be admitted by the opposing party unless it is traversed by that party in his pleading or a joinder of issue under rule 10 operates as a denial of it. Section 11(2) A traverse may be made either by denial or by a statement of non-admission and either expressly or by necessary implication. Section 11(3) Subject to subrule (4), every allegation of fact made in a plaint or counterclaim which the party on whom it is served does not intend to admit shall be specifically traversed by him in his defence or defence to counterclaim; and a general denial of such allegations, or a general statement of non-admission of them, shall not be a sufficient traverse of them. Section 11(4) Any allegation that a party has suffered damage and any allegation as to the amount of damages shall be deemed to have been traversed unless specifically admitted. - 12
12. Denial by joinder of issue [Order 2, rule 12]
AI-assisted research summary: Section 12 sets out when a joinder of issue arises and states that a party may expressly join issue in his pleading on the immediately preceding pleading; it also provides that a joinder of issue operates as a denial of every material allegation of fact unless an express joinder excepts an allegation as admitted.
Section 12. Denial by joinder of issue [Order 2, rule 12] Section 12(1) If there is no reply to a defence, there is a joinder of issue on that defence. Section 12(2) Subject to subrule (3)— Section 12(2)(a) there is at the close of pleadings a joinder of issue on the pleading last filed; and Section 12(2)(b) a party may in his pleading expressly join issue on the immediately preceding pleading. Section 12(3) There can be no joinder of issue on a plaint or counterclaim. Section 12(4) A joinder of issue operates as a denial of every material allegation of fact made in the pleading on which there is a joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue operates as a denial of every other such allegation. - 13
13. Close of pleadings [Order 2, rule 13]
AI-assisted research summary: Pleadings in a suit close fourteen days after service of the reply or defence to counterclaim, or if neither is served, fourteen days after service of the defence.
Section 13. Close of pleadings [Order 2, rule 13] Section The pleadings in a suit shall be closed fourteen days after service of the reply or defence to counterclaim, or, if neither is served, fourteen days after service of the defence, notwithstanding that any order or request for particulars has been made but not complied with. - 14
14. Technical objection [Order 2, rule 14]
AI-assisted research summary: Raising a technical objection to any pleading because of a want of form is not permitted.
Section 14. Technical objection [Order 2, rule 14] Section No technical objection may be raised to any pleading on the ground of any want of form. - 15
15. Striking out pleadings [Order 2, rule 15]
AI-assisted research summary: The court may, at any stage, order that any pleading be struck out or amended on specified grounds.
Section 15. Striking out pleadings [Order 2, rule 15] Section 15(1) At any stage of the proceedings the court may order to be struck out or amended any pleading on the ground that— Section 15(1)(a) it discloses no reasonable cause of action or defence in law; or Section 15(1)(b) it is scandalous, frivolous or vexatious; or Section 15(1)(c) it may prejudice, embarrass or delay the fair trial of the action; or Section 15(1)(d) it is otherwise an abuse of the process of the court, Section 15(2) No evidence shall be admissible on an application under subrule (1)(a) but the application shall state concisely the grounds on which it is made. Section 15(3) So far as applicable this rule shall apply to an originating summons and a petition. - 16
16. Pleading to be signed [Order 2, rule 16]
AI-assisted research summary: Every pleading must be signed by an advocate, or recognised agent (as defined by Order 9, rule 2), or by the party if he sues or defends in person.
Section 16. Pleading to be signed [Order 2, rule 16] Section Every pleading shall be signed by an advocate, or recognised agent (as defined by Order 9, rule 2), or by the party if he sues or defends in person. - 17
17. Proceedingsin rem[Order 2, rule 17]
AI-assisted research summary: An application under section 25(2) of the Government Proceedings Act (Cap. 40) may be made at any time before trial or during the trial.
Section 17. Proceedingsin rem[Order 2, rule 17] Section An application under section 25(2) of the Government Proceedings Act (Cap. 40) may be made at any time before trial or during the trial. - 2
2. Formal requirements [Order 2, rule 2]
AI-assisted research summary: Pleadings must be divided into consecutively numbered paragraphs, and dates, sums and other numbers must be written in figures, not words.
Section 2. Formal requirements [Order 2, rule 2] Section 2(1) Every pleading shall be divided into paragraphs numbered consecutively, each allegation being so far as appropriate contained in a separate paragraph. Section 2(2) Dates, sums and other numbers shall be expressed in figures and not words. - 3
3. Facts not evidence, to be pleaded [Order 2, rule 3]
AI-assisted research summary: Pleas must state material facts in summary form and must not include the evidence for those facts.
Section 3. Facts not evidence, to be pleaded [Order 2, rule 3] Section 3(1) Subject to the provisions of this rule and rules 6, 7 and 8, every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, but not the evidence by which those facts are to be proved, and the statement shall be as brief as the nature of the case admits. Section 3(2) Without prejudice to subrule (1), the effect of any document or the purport of any conversation referred to in the pleading shall, if material, be briefly stated, and the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material. Section 3(3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied it in his pleading. Section 3(4) A statement that a thing has been done or that an event has occurred, being a thing or an event the doing or occurrence of which constitutes a condition precedent necessary for the case of a party shall be implied in his pleading. - 4
4. Matters which must be specifically pleaded [Order 2, rule 4]
AI-assisted research summary: A party must specifically plead any matter (such as performance, release, payment, fraud, inevitable accident, act of God, limitation, or illegality) in any pleading after the plaint; defendants in land recovery actions must specifically plead every defence and possession alone is insufficient.
Section 4. Matters which must be specifically pleaded [Order 2, rule 4] Section 4(1) A party shall in any pleading subsequent to a plaint plead specifically any matter, for example performance, release, payment, fraud, inevitable accident, act of God, any relevant Statute of limitation or any fact showing illegality— Section 4(1)(a) which he alleges makes any claim or defence of the opposite party not maintainable; Section 4(1)(b) which, if not specifically pleaded, might take the opposite party by surprise; or Section 4(1)(c) which raises issues of fact not arising out of the preceding pleading. Section 4(2) Without prejudice to subrule (1), a defendant to an action for the recovery of land shall plead specifically every ground of defence on which he relies, and a plea that he is in possession of the land by himself or his tenant shall not be sufficient. Section 4(3) In this rule “land” includes land covered with water, all things growing on land, and buildings and other things permanently affixed to land. - 5
5. Matter may be pleaded whenever arising [Order 2, rule 5]
AI-assisted research summary: A party may plead any matter that has arisen at any time in any pleading, subject to rules 3(1) and 6.
Section 5. Matter may be pleaded whenever arising [Order 2, rule 5] Section Subject to rules 3 (1) and 6, a party may in any pleading plead any matter which has arisen at any time, whether before or since the filing of the plaint. - 6
6. Departure [Order 2, rule 6]
AI-assisted research summary: Section 6(1) prohibits a party from making allegations or new grounds of claim in a pleading that are inconsistent with that party's earlier pleading in the same suit. Section 6(2) preserves a party's right to amend, or apply for leave to amend, previous pleadings so as to plead allegations or claims in the alternative.
Section 6. Departure [Order 2, rule 6] Section 6(1) No party may in any pleading make an allegation of fact, or raise any new ground of claim, inconsistent with a previous pleading of his in the same suit. Section 6(2) Subrule (1) shall not prejudice the right of a party to amend, or apply for leave to amend, his previous pleading so as to plead the allegations or claims in the alternative. - 7
7. Particulars in defamation actions [Order 2, rule 7]
AI-assisted research summary: Plaintiffs and defendants must give particulars in defamation actions: plaintiffs must state particulars when alleging a non-ordinary defamatory meaning; defendants must state which complained words they assert are factual and the supporting facts when pleading truth or fair comment; plaintiffs need not give particulars of malice in the plaint but must file a reply with particulars if the defendant pleads fair comment or privilege and the plaintiff intends to allege express malice. The rule also applies to counterclaims.
Section 7. Particulars in defamation actions [Order 2, rule 7] Section 7(1) Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he shall give particulars of the facts and matters on which he relies in support of such sense. Section 7(2) Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he shall give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true. Section 7(3) Where in an action for libel or slander the plaintiff alleges that the defendant maliciously published the words or matters complained of, he need not in his plaint give particulars of the facts on which he relies in support of the allegation of malice; but if the defendant pleads that any of those words or matters are fair comment on a matter of public interest or were published upon a privileged occasion and the plaintiff intends to allege that the defendant was actuated by express malice, he shall file a reply giving particulars of the facts and matters from which the malice is to be inferred. Section 7(4) This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant. - 8
8. Particulars of evidence in mitigation [Order 2, rule 8]
AI-assisted research summary: Where in an action for libel or slander the defendant does not plead the truth, the defendant may not, at the trial, give evidence in chief to mitigate damages about how the statement was published or about the plaintiff's character without the court's leave, unless he gave the plaintiff particulars of the intended evidence at least twenty-one days before the trial.
Section 8. Particulars of evidence in mitigation [Order 2, rule 8] Section In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled at the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the court, unless at least twenty-one days before the trial he has given the plaintiff particulars of the matters on which he intends to give evidence. - 9
9. Points of law [Order 2, rule 9]
AI-assisted research summary: A party may, by his pleading, raise any point of law.
Section 9. Points of law [Order 2, rule 9] Section A party may by his pleading raise any point of law. - 1
1. Application [Order 11, rule 1]
AI-assisted research summary: This Order applies to all suits except small claims and other suits the Court may order to vary.
Section 1. Application [Order 11, rule 1] Section This Order shall apply to all suits other than suits for small claims or such other suits as the Court may order to vary the whole or any part of this Order.[L.N. 22/2020, r. 13.] - 2
2. Case Management Checklist [Order 11, rule 2]
AI-assisted research summary: The plaintiff must file a case management checklist with the court in the form in Appendix B within fourteen days after the close of pleadings, and must complete it with specified contact and pleading information.
Section 2. Case Management Checklist [Order 11, rule 2] Section 2(1) Within fourteen days after the close of pleadings, the plaintiff shall file with the court a case management checklist in the form set out in Appendix B. Section 2(2) The plaintiff shall complete the checklist with — Section 2(2)(a) the name of the advocate or firm of advocates representing each party; Section 2(2)(b) the postal address, telephone number, email address and physical address of the advocate or firm of advocates representing each party; Section 2(2)(c) where a party is not represented by an advocate or a firm of advocates, the postal address, telephone number, email address and physical address of the party; and Section 2(2)(d) a list of all the pleadings which have been filed with the date on which each pleading was filed. - 3
3. Case Management Conference [Order 11, Rule 3]
AI-assisted research summary: Section 3 sets out the purpose and procedures of a case management conference, including completing and signing a case management checklist, who may participate, recording and enforcing orders, timelines for serving the checklist and requests, and use of alternative dispute resolution.
Section 3. Case Management Conference [Order 11, Rule 3] Section 3(1) The purpose of a case management conference shall be to— Section 3(1)(a) promote the expeditious disposal of cases; Section 3(1)(b) afford the parties an opportunity to use alternative dispute resolution mechanisms to determine the case; Section 3(1)(c) afford the parties an opportunity to settle the case; Section 3(1)(d) determine any other matter relating to the management, hearing or disposal of the case; Section 3(1)(e) deal with pre-trial applications at first instance or formulate a timetable to deal with them as the court may deem fit; and Section 3(1)(f) identify the issues for determination. Section 3(2) The judge or deputy registrar or magistrate or case management officer shall, at the case management conference, complete the case management checklist in the form set out in Appendix B. Section 3(3) Parties to a suit shall sign the completed case management checklist which shall be certified by the judge or deputy registrar or magistrate or case management officer who shall also set out the issues for determination at the hearing. Section 3(4) At a case management conference — Section 3(4)(a) only the advocate or firm of advocates on record or a designated advocate, with instructions to deal with any matter that may be raised during the conference, shall be permitted to participate and by any order or direction given by the court shall be binding to the parties; or Section 3(4)(b) where a party is not represented by an advocate or firm of advocates, only the named party or recognized agent of the party to the suit shall be permitted to participate. Section 3(5) Where orders or directions are given at a case management conference — Section 3(5)(a) The judge or deputy registrar or magistrate or case management officer shall record the orders or directions and inform the parties thereof; and Section 3(5)(b) where necessary, the judge or deputy registrar or magistrate or case management officer shall allocate time within which the orders or directions shall be complied with by the parties and fix a date at which the judge or deputy registrar or magistrate or case management officer shall record compliance by the parties or make such other orders as may be just or necessary including the striking out of the suit. Section 3(6) Where any pleadings have been amended, the case management checklist shall also contain — Section 3(6)(a) the list of the original and amended pleadings with the date on which the original and amended pleadings were filed; and Section 3(6)(b) the details of all bundles of documents, lists of witnesses and statements of witnesses where they have been filed with the court. Section 3(7) Within fourteen days of filing the case management checklist, the plaintiff shall serve the checklist on the other party or all the other parties to the suit and invite the other party or parties, in writing, to meet at the registry with a view to fixing a date on which to hold a case management conference which shall— Section 3(7)(a) take place within sixty days of the date of service of the checklist in the case of a fast-track case; or Section 3(7)(b) take place within ninety days of the date of the service of the checklist in the case of a multi-track case. Section 3(8) The parties shall, not less than seven days before the date of the case management conference, serve on the other party or parties — Section 3(8)(a) a case management request in the form set out in Appendix B setting out any orders the parties may seek at the case management conference and to which all necessary documents including draft amended pleadings, request for particulars and request for interrogatories shall be attached; or Section 3(8)(b) a request to refer the case to alternative dispute resolution or any other amicable settlement process. - 4
4. Case Management Order [Order 11 rule 4]
AI-assisted research summary: Court officers must sign case management certificates and make case management orders; judicial officers must issue settlement orders where parties settle; courts or judges may stay proceedings to attempt ADR and may specify ADR where plaintiff did not do so; where ADR leads to settlement the court officers must adopt it as an order; if parties fail ADR the judge or similar officer shall direct the case may be set down for hearing and may fix the hearing date.
Section 4. Case Management Order [Order 11 rule 4] Section 4(1) The court shall sign a case management conference certificate in the form set out in Appendix C and make a case management order at the end of a case management conference in the form set out in Appendix D. Section 4(2) Where the parties are able to settle the case or issues in the case, the judicial officer shall issue a case settlement order in relation to the case or the issues in the case. Section 4(3) Where parties accept an alternative dispute resolution request — Section 4(3)(a) where the plaintiff specified the form of alternative dispute resolution mechanism to be used, the court may make an order to stay proceedings for a specified period during which the parties will attempt to settle the case through that alternative mechanism; or Section 4(3)(b) where the plaintiff did not specify the form of alternative dispute resolution mechanism, the judge or case management judge may make an order to stay proceedings for a specified period, and specify the alternative dispute resolution mechanism the parties shall use in an attempt to settle the case. Section 4(4) Where the parties are able to settle the case or issues in the case through alternative dispute resolution, the judge, magistrate, deputy registrar or case management officer shall adopt the resolution by the parties as an order of the court. Section 4(5) The judge, magistrate, deputy registrar or case management judge shall, where the parties have failed to settle the case or undergo alternative dispute resolution mechanism, direct that the case may be set down for hearing and may, in the circumstances, determine the date on which the case shall be set down for hearing.[L.N. 22/2020, r. 13.] - 1
1. When neither party attends [Order 12, rule 1]
AI-assisted research summary: If neither party attends on the day fixed for hearing, the court may dismiss the suit.
Section 1. When neither party attends [Order 12, rule 1] Section If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit. - 2
2. When only plaintiff attends [Order 12, rule 2]
AI-assisted research summary: When notice of hearing was duly served, it may proceed ex parte.
Section 2. When only plaintiff attends [Order 12, rule 2] Section that notice of hearing was duly served, it may proceedex parte; - 3
3. When only defendant attends [Order 12, rule 3]
AI-assisted research summary: If only the defendant appears and admits nothing, the suit is to be dismissed except for good cause; if the defendant admits part, judgment is given on that admission and the remainder is dismissed except for good cause; if the defendant counterclaims, he may prove his counterclaim so far as the burden of proof lies on him.
Section 3. When only defendant attends [Order 12, rule 3] Section 3(1) If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except for good cause to be recorded by the court. Section 3(2) If the defendant admits any part of the claim, the court shall give judgment against the defendant upon such admission and shall dismiss the suit so far as it relates to the remainder except for good cause to be recorded by the court. Section 3(3) If the defendant has counterclaimed, he may prove his counterclaim so far as the burden of proof lies on him. - 4
4. When some only of plaintiffs attend [Order 12, rule 4]
AI-assisted research summary: If only some plaintiffs attend, the court may proceed with the suit or make any other order it considers just.
Section 4. When some only of plaintiffs attend [Order 12, rule 4] Section If only some of the plaintiffs attend, the court may either proceed with the suit or make such other order as may be just. - 5
5. When some only of defendants attend [Order 12, rule 5]
AI-assisted research summary: If only some defendants attend, the court may continue the suit and may give judgment against those who did not attend.
Section 5. When some only of defendants attend [Order 12, rule 5] Section If only some of the defendants attend, the court may proceed with the suit and may give such judgment as is just in respect of the defendants who have not attended. - 6
6. Effect of dismissal [Order 12, rule 6]
AI-assisted research summary: If a suit is dismissed under this Order, the plaintiff may either bring a fresh suit or apply to the court to reinstate the suit, subject to subrule (2) and any law of limitation of actions.
Section 6. Effect of dismissal [Order 12, rule 6] Section 6(1) Subject to subrule (2) and to any law of limitation of actions, where a suit is dismissed under this Order the plaintiff may bring a fresh suit or may apply to the court to reinstate the suit. Section 6(2) When a suit has been dismissed under rule 3 no fresh suit may be brought in respect of the same cause of action.[L.N. 22/2020, r. 14.] - 7
7. Setting aside judgment or dismissal [Order 12, rule 7]
AI-assisted research summary: The court may, on application, set aside or vary a judgment or order (including after dismissal) on such terms as are just.
Section 7. Setting aside judgment or dismissal [Order 12, rule 7] Section Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may set aside or vary the judgment or order upon such terms as may be just. - 1
1. Notice of admission of case [Order 13, rule 1]
AI-assisted research summary: A party to a suit may give written notice admitting the truth of the whole or part of another party's case.
Section 1. Notice of admission of case [Order 13, rule 1] Section Any party to a suit may give notice by his pleading, or otherwise in writing, that he admits the truth of the whole or part of the case of any other party. - 2
2. Judgment on admissions [Order 13, rule 2]
AI-assisted research summary: Any party may apply to the court for judgment or order based on admissions of fact; the court may make such order or give such judgment as it thinks just.
Section 2. Judgment on admissions [Order 13, rule 2] Section Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties; and the court may upon such application make such order, or give such judgment, as the court may think just. - 1
1. Endorsements on documents admitted in evidence [Order 14, rule 1]
AI-assisted research summary: Every document admitted in evidence must have endorsed upon it the number and title of the suit, the party producing the document, and the date on which it was produced; if the admitted document is a book entry and a copy substituted under rule 2, those particulars must be endorsed on the copy and signed or initialed by the judge or an officer of the court under his direction.
Section 1. Endorsements on documents admitted in evidence [Order 14, rule 1] Section 1(1) Subject to subrule (2), there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars— Section 1(1)(a) the number and title of the suit; Section 1(1)(b) the party producing the document; Section 1(1)(c) the date on which it was produced; and Section 1(2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has been substituted for the original under rule 2, the particulars aforesaid shall be endorsed on the copy, and the endorsement thereon shall be signed or initialed by the judge or by an officer of the court under his direction. - 2
2. Endorsements on copies of admitted entries in books, accounts, and records [Order 14, rule 2]
AI-assisted research summary: Parties may furnish copies of admitted book entries; the court may require copies in certain cases and must examine, certify, mark and return books, and may accept a public officer's certificate for public records.
Section 2. Endorsements on copies of admitted entries in books, accounts, and records [Order 14, rule 2] Section 2(1) Save in so far as is otherwise provided by any law relating to the production in evidence of bankers’ books, where a document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in current use, the party on whose behalf the book or account is produced may furnish a copy of the entry. Section 2(2) Where such a document is an entry in a public record produced from a public office or by a public officer, or an entry in a book or account belonging to a person other than a party on whose behalf the book or account is produced, the court may require a copy of the entry to be furnished— Section 2(2)(a) where the record, book, or account is produced on behalf of a party, then by that party; or Section 2(2)(b) where the record, book, or account is produced in obedience to an order of the court acting on its own motion, then by either or any party. Section 2(3) Where a copy of an entry is furnished under subrules (1) and (2), the court shall, after causing the copy to be examined, compared and certified, mark the entry, and cause the book, account, or record in which it occurs to be returned to the person producing it:Provided that the court may accept, in the case of a copy of a public record, a certificate of correctness from the public officer in whose charge the record is. - 3
3. Record of admitted and return of rejected documents [Order 14, rule 3]
AI-assisted research summary: Admitted documents (or permitted copies) form part of the record of the suit; documents not admitted must be returned to the persons who produced them after endorsement by the judge or officer of the court and a statement that they were rejected.
Section 3. Record of admitted and return of rejected documents [Order 14, rule 3] Section 3(1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 2, shall form part of the record of the suit. Section 3(2) Documents not admitted in evidence shall not form part of the record, and shall be returned to the persons respectively producing them after they have been endorsed by the judge or officer of the court with the particulars mentioned in rule 1(1), together with a statement of their having been rejected. - 4
4. Court may order any document to be impounded [Order 14, rule 4]
AI-assisted research summary: The court may order any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the court.
Section 4. Court may order any document to be impounded [Order 14, rule 4] Section Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the court for such period and subject to such conditions as the court thinks fit. - 5
5. Return of admitted documents [Order 14, rule 5]
AI-assisted research summary: A person who produced a document in the suit is entitled to have it returned (unless impounded), subject to timing rules around disposal of the suit and appeals; early return can be allowed if a certified copy is delivered and an undertaking is given; a receipt must be given on return.
Section 5. Return of admitted documents [Order 14, rule 5] Section 5(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under rule 4, be entitled to receive back the same— Section 5(1)(a) when the suit has been disposed of, and, if the suit is one in which an appeal is allowed, where the time for filing an appeal has elapsed and no appeal has been filed; and Section 5(1)(b) if any appeal has been filed, when the appeal has been disposed of: Section 5(1)(i) a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor delivers to the proper officer a certified copy to be substituted for the original and undertakes in writing to produce the original if required to do so; Section 5(1)(ii) no document shall be returned which, by force of the decree, has become wholly void or useless. Section 5(2) On the return of a document admitted in evidence a receipt shall be given by the person receiving it. - 6
6. Court may send for records of its own or of other Court [Order 14, rule 6]
AI-assisted research summary: The court may, on its own motion or on application, send for and inspect records from its own or any other court; applications must be supported by affidavit unless the court directs otherwise; the rule does not permit using documents that would be inadmissible under the law of evidence.
Section 6. Court may send for records of its own or of other Court [Order 14, rule 6] Section 6(1) The court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records, or from any other court, the record of any other suit or proceeding and inspect the same. Section 6(2) Every application made under this rule shall (unless the court otherwise directs) be supported by an affidavit showing how the record is material to the suit in which the application is made, and that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary for the purposes of justice. Section 6(3) Nothing contained in this rule shall be deemed to enable the court to use in evidence any document which under the law of evidence would be inadmissible in the suit. - 7
7. Provisions as to documents applied to material objects [Order 14, rule 7]
AI-assisted research summary: Rules about documents also apply, so far as possible, to all material objects that can be produced as evidence.
Section 7. Provisions as to documents applied to material objects [Order 14, rule 7] Section The provisions herein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence. - 1
1. Framing of issues [Order 15, rule 1]
AI-assisted research summary: An issue arises when one party affirms a material proposition of fact or law and the other party denies it.
Section 1. Framing of issues [Order 15, rule 1] Section 1(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. Section 1(2) Issues are of two kinds— Section 1(2)(a) issues of fact; and Section 1(2)(b) issues of law. Section 1(3) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute a defence. Section 1(4) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. - 2
2. Materials from which issues may be framed [Order 15, rule 2]
AI-assisted research summary: Allegations made on oath may be made by the parties, by persons present on their behalf, or by their advocates.
Section 2. Materials from which issues may be framed [Order 15, rule 2] Section allegations made on oath by the parties, or by any persons present on their behalf, or made by the advocates of such parties; - 1
1. Summons to attend to give evidence or produce documents [Order 16, rule 1]
AI-assisted research summary: Before the trial conference, the parties may apply to the court (or an appointed officer) for summonses to require persons to give evidence or produce documents.
Section 1. Summons to attend to give evidence or produce documents [Order 16, rule 1] Section At any time before the trial conference under Order 11 the parties may obtain, on application to the court or to such officer as it appoints in this behalf, summonses to persons whose attendance is required either to give evidence or to produce documents. - 10
10. Procedure where witness fails to comply with summons [Order 16, rule 10]
AI-assisted research summary: If a person summoned to give evidence or produce a document fails to comply, the court may examine the serving officer about service, may issue a proclamation requiring attendance or production (and affix a copy to the person’s usual residence), and may issue a warrant for arrest (with or without bail) or order attachment of the person’s property up to an amount it thinks fit not exceeding certain costs and any fine under rule 12.
Section 10. Procedure where witness fails to comply with summons [Order 16, rule 10] Section 10(1) Where a person to whom a summons has been issued, either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the court shall, if the certificate of the serving officer has not been verified by affidavit, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another court, touching the service or non-service of the summons. Section 10(2) Where the court has reason to believe that such evidence or production is material, and that such person has, without lawful excuse, failed to attend or to produce the document in compliance with the summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the document at a time and place to be named therein; and a copy of such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily resides. Section 10(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which may be imposed under rule 12. - 11
11. If witness appears attachment, may be withdrawn [Order 16, rule 11]
AI-assisted research summary: If a witness appears (attachment), the witness may be withdrawn.
Section 11. If witness appears attachment, may be withdrawn [Order 16, rule 11] Section that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid service; and - 12
12. Procedure if witness fails to appear [Order 16, rule 12]
AI-assisted research summary: The court may fine a person who does not appear or who fails to satisfy the court and may order that the person's attached property be sold; if the person pays the costs and fine into court, the court shall order the property released from attachment.
Section 12. Procedure if witness fails to appear [Order 16, rule 12] Section The court may, where such person does not appear, or appears but fails so to satisfy the court, impose upon him such fine as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may order his property, or any part thereof, to be attached and sold, or, if already attached under rule 10, to be sold for the purpose of satisfying all costs of such attachment, together with the amount of the said fine, if any:Provided that, if the person whose attendance is required pays into the court the costs and fine aforesaid, the court shall order the property to be released from attachment. - 13
13. Mode of attachment [Order 16, rule 13]
AI-assisted research summary: Provisions about attachment and sale of property in execution of a decree apply, so far as applicable, to attachments and sales under this Order as if the person whose property is attached were a judgment-debtor.
Section 13. Mode of attachment [Order 16, rule 13] Section The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as if the person whose property is so attached were a judgment-debtor. - 14
14. Duty of persons summoned to give evidence or produce document [Order 16, rule 14]
AI-assisted research summary: Persons summoned to give evidence must attend at the time and place named in the summons; persons summoned to produce a document must attend to produce it or cause it to be produced at the time and place.
Section 14. Duty of persons summoned to give evidence or produce document [Order 16, rule 14] Section Whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to produce it or cause it to be produced at such time and place. - 15
15. When summoned persons may depart [Order 16, rule 15]
AI-assisted research summary: Summoned persons must attend each hearing until the suit is disposed of unless the court directs otherwise; the court may require summoned persons to furnish security for future attendance and, if they default, may order detention in prison.
Section 15. When summoned persons may depart [Order 16, rule 15] Section 15(1) A person so summoned and attending shall, unless the court otherwise directs, attend at each hearing until the suit has been disposed of. Section 15(2) The court may upon the oral application of either party in court or upon application by summons in chambers and upon payment through the court of all necessary expenses require any person so summoned to furnish security for his attendance at the next hearing or any further hearing or until the suit is disposed of and in default of his furnishing such security may order him to be detained in prison. - 16
16. Application of rules 10 to 13 [Order 16, rule 16]
AI-assisted research summary: If a person who attended following a summons then departs without lawful excuse contrary to rule 15, the provisions of rules 10 to 13 are deemed to apply to that person.
Section 16. Application of rules 10 to 13 [Order 16, rule 16] Section The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person, who having attended in compliance with a summons, departs without lawful excuse in contravention of rule 15. - 17
17. Procedure where witness apprehended cannot give evidence or produce document [Order 16, rule 17]
AI-assisted research summary: If a person arrested under warrant appears in custody but cannot give evidence or produce a summoned document because parties are absent, the court may require bail or security, may release on bail, or may order detention if bail is not given.
Section 17. Procedure where witness apprehended cannot give evidence or produce document [Order 16, rule 17] Section Where any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has been summoned to give or produce, the court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and on such bail or security being given may release him, and in default of his giving such bail or security may order him to be detained in prison. - 18
18. Consequence of refusal of a party to give evidence when called on by the Court [Order 16, rule 18]
AI-assisted research summary: If a party present in court refuses, without lawful excuse, when required by the court to give evidence or produce a document in their possession or power, the court may pronounce judgment against that party or make any order it thinks fit.
Section 18. Consequence of refusal of a party to give evidence when called on by the Court [Order 16, rule 18] Section Where any party to a suit present in court refuses, without lawful excuse, when required by the court, to give evidence or produce any document there and then in his possession or power, the court may pronounce judgment against him or make such order in relation to the suit as it thinks fit. - 19
19. Rules as to witnesses to apply to parties summoned [Order 16, rule 19]
AI-assisted research summary: If a party to a suit is required to give evidence or produce a document, the provisions relating to witnesses apply to that party.
Section 19. Rules as to witnesses to apply to parties summoned [Order 16, rule 19] Section Where any party to a suit is required to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable. - 2
2. Expenses of witnesses to be paid into court on applying for summons [Order 16, rule 2]
AI-assisted research summary: The party applying for a summons must, before the summons is granted and within a period to be fixed, pay into court enough money to cover witnesses' travel and one day's attendance.
Section 2. Expenses of witnesses to be paid into court on applying for summons [Order 16, rule 2] Section 2(1) The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into court such sum of money as appears to the court to be sufficient to defray the traveling and other expenses of the persons summoned in passing to and from the court in which he is required to attend, and for one day’s attendance. Section 2(2) In determining the amount payable under this rule regard shall be had to such scale for expenses of witnesses as may from time to time be approved by the High Court, but the court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case. - 3
3. Tender of expenses or notification of sum lodged [Order 16, rule 3]
AI-assisted research summary: If the sum paid into court can be served personally, it shall be tendered to the person summoned when the summons is served; alternatively, if the court directs, the person summoned may be notified that the sum paid into court will be paid to him on his attendance.
Section 3. Tender of expenses or notification of sum lodged [Order 16, rule 3] Section The sum so paid into court shall be tendered to the person summoned at the time of serving the summons, if it can be served personally; or if the court so directs the person summoned may be notified that the sum so paid into court will be paid out to him on his attendance. - 4
4. Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day [Order 16, rule 4]
AI-assisted research summary: The court may direct payment or order levy/sale or discharge a summoned person when sums paid into court are insufficient, and may order the party who caused detention to pay sums to cover detention beyond one day.
Section 4. Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day [Order 16, rule 4] Section 4(1) Where it appears to the court or to such officer as it appoints in this behalf that the sum so paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and, in case of default in payment, may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or the court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid. Section 4(2) Where it is necessary to detain the person summoned for a longer period than one day, the court may from time to time order the party at whose instance he was summoned to pay into court such sum as is sufficient to defray the expenses of his detention for such further period, and, in default of such deposit being made, may order such sum to be levied by attachment and sale of the movable property of such party; or the court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid. - 5
5. Time, place, and purpose of attendance to be specified in summons [Order 16, rule 5]
AI-assisted research summary: A summons must state the time and place to attend, whether attendance is for giving evidence or producing a document (or both), and must describe any particular document to be produced with reasonable accuracy.
Section 5. Time, place, and purpose of attendance to be specified in summons [Order 16, rule 5] Section Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend, and whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, shall be described in the summons with reasonable accuracy. - 6
6. Summons to produce documents [Order 16, rule 6]
AI-assisted research summary: Any person may be summoned to produce a document without being summoned to give evidence; a person so summoned is deemed to have complied if they cause the document to be produced instead of attending personally.
Section 6. Summons to produce documents [Order 16, rule 6] Section Any person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same. - 7
7. Power to require persons present in court to give evidence or produce document [Order 16, rule 7]
AI-assisted research summary: The court may require any person present in court to give evidence or to produce any document in their possession or power.
Section 7. Power to require persons present in court to give evidence or produce document [Order 16, rule 7] Section Any person present in court may be required by the court to give evidence or to produce any document there and then in his possession or power. - 8
8. Summons, how served [Order 16, rule 8]
AI-assisted research summary: Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order 5 as to proof of service shall apply in the case of all summonses served under this rule.
Section 8. Summons, how served [Order 16, rule 8] Section Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order 5 as to proof of service shall apply in the case of all summonses served under this rule. - 9
9. Time for serving summons [Order 16, rule 9]
AI-assisted research summary: Service of a summons must be made with enough time before the specified attendance time to allow the person reasonable time to prepare and travel; if a party seeking a summons has not allowed sufficient time, the court or issuing officer may refuse to issue the summons.
Section 9. Time for serving summons [Order 16, rule 9] Section 9(1) Service shall in all cases be made within sufficient time before the time specified in the summons for the attendance of the person summoned to allow him a reasonable time for preparation and for travelling to the place at which his attendance is required. Section 9(2) If, in the opinion of the court or officer by whom summonses are issued, a party applying for a summons has not allowed sufficient time as aforesaid, the court or officer may refuse to issue the summons. - 1
1. Hearing from day to day [Order 17, rule 1]
AI-assisted research summary: A party seeking an adjournment must satisfy the court that it is just to grant the adjournment; when the court grants an adjournment it must give a date for further hearing or directions.
Section 1. Hearing from day to day [Order 17, rule 1] Section 1(1) Once the suit is set down for hearing, it shall not be adjourned unless a party applying for adjournment satisfies the court that it is just to grant the adjournment. Section 1(2) When the court grants an adjournment it shall give a date for further hearing or directions. - 2
2. Notice to show cause why suit should not be dismissed [Order 17, rule 2]
AI-assisted research summary: If no step is taken in a suit for one year, the court may give written notice to parties to show cause and may dismiss the suit if not satisfied; the court may make orders if cause is shown; any party may apply for dismissal; the court may dismiss for non-compliance with directions; a suit stands dismissed after two years with no step taken.
Section 2. Notice to show cause why suit should not be dismissed [Order 17, rule 2] Section 2(1) In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be dismissed, and if cause is not shown to its satisfaction, may dismiss the suit. Section 2(2) If cause is shown to the satisfaction of the court it may make such orders as it thinks fit to obtain expeditious hearing of the suit. Section 2(3) Any party to the suit may apply for its dismissal as provided in sub-rule 1. Section 2(4) The court may dismiss the suit for non-compliance with any direction given under this Order. Section 2(5) A suit stands dismissed after two years where no step has been undertaken. Section 2(6) A party may apply to court after dismissal of a suit under this Order.[L.N. 22/2020, r. 15.] - 3
3. Procedure if parties fail to appear on day fixed [Order 17, rule 3]
AI-assisted research summary: If the parties (or any of them) do not appear on an adjourned hearing day, the court may dispose of the suit under the modes directed by Order 12 or make any other order it considers appropriate.
Section 3. Procedure if parties fail to appear on day fixed [Order 17, rule 3] Section Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed in that behalf by Order 12, or make such other order as it thinks fit. - 4
4. Court may proceed notwithstanding either party fails to produce evidence [Order 17, rule 4]
AI-assisted research summary: The court may immediately decide a suit if a party, who was given time, fails to produce evidence, produce witnesses, or perform other acts needed for the suit's progress.
Section 4. Court may proceed notwithstanding either party fails to produce evidence [Order 17, rule 4] Section Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding such default, proceed to decide the suit forthwith. - 1
1. Right to begin [Order 18, rule 1]
AI-assisted research summary: The plaintiff has the right to begin unless the court otherwise orders.
Section 1. Right to begin [Order 18, rule 1] Section The plaintiff shall have the right to begin unless the court otherwise orders. - 10
10. Court may recall and examine witness [Order 18, rule 10]
AI-assisted research summary: The court may at any stage recall any examined witness and may, subject to the law of evidence, put questions to the witness.
Section 10. Court may recall and examine witness [Order 18, rule 10] Section The court may at any stage of the suit recall any witness who has been examined, and may, subject to the law of evidence for the time being in force; put such questions to him as the court thinks fit. - 11
11. Power of court to inspect [Order 18, rule 11]
AI-assisted research summary: The court may, at any stage of a suit, inspect any property or thing about which any question may arise.
Section 11. Power of court to inspect [Order 18, rule 11] Section The court may at any stage of a suit inspect any property or thing concerning which any question may arise. - 2
2. Statement and production of evidence [Order 18, rule 2]
AI-assisted research summary: Sets the order for stating cases and producing evidence at hearing: the party with the right to begin must state its case and produce evidence, then the other party must state and produce evidence and may address the court; the party beginning may reply; special rules apply if the other party does not produce evidence; the court may limit time for addresses.
Section 2. Statement and production of evidence [Order 18, rule 2] Section 2(1) On the day fixed for the hearing of the suit, or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. Section 2(2) The other party shall then state his case and produce his evidence, and may then address the court generally on the case. The party beginning may then reply. Section 2(3) After the party beginning has produced his evidence then, if the other party has not produced and announces that he does not propose to produce evidence, the party beginning shall have the right to address the court generally on the case; the other party shall then have the right to address the court in reply, but if in the course of his address he cites a case or cases the party beginning shall have the right to address the court at the conclusion of the address of the other party for the purpose of observing on the case or cases cited. Section 2(4) The court may in its discretion limit the time allowed for addresses by the parties or their advocates. - 3
3. Witnesses to be examined in open court [Order 18, rule 3]
AI-assisted research summary: Witnesses present must give their evidence orally in open court, in the presence of and under the personal direction and superintendence of the judge.
Section 3. Witnesses to be examined in open court [Order 18, rule 3] Section The evidence of the witnesses in attendance shall be taken orally in open court in the presence of and under the personal direction and superintendence of the judge. - 4
4. How evidence to be recorded [Order 18, rule 4]
AI-assisted research summary: The court may use recording processes and technology that are approved from time to time.
Section 4. How evidence to be recorded [Order 18, rule 4] Section the court may use such recording processes and technology as may from time to time be approved; - 5
5. Any particular question and answer may be taken down [Order 18, rule 5]
AI-assisted research summary: The court may, on its own motion or on application by a party or advocate, take down any particular question and answer or any objection to a question if there is any special reason.
Section 5. Any particular question and answer may be taken down [Order 18, rule 5] Section The court may, of its own motion or on the application of any party or his advocate, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing. - 6
6. Questions objected to and allowed by court [Order 18, rule 6]
AI-assisted research summary: If a question to a witness is objected to by a party or their advocate but the court allows it, the judge must record the question, the answer, the objection, and the name of the person who made the objection.
Section 6. Questions objected to and allowed by court [Order 18, rule 6] Section Where any question put to a witness is objected to by a party or his advocate, and the court allows the same to be put, the judge shall take down the question, the answer, the objection, and the name of the person making it. - 7
7. Remarks on demeanour of witness [Order 18, rule 7]
AI-assisted research summary: The court may record remarks it considers material about a witness's demeanour while the witness is under examination.
Section 7. Remarks on demeanour of witness [Order 18, rule 7] Section The court may record such remarks as it thinks material respecting the demeanour of any witness while under examination. - 8
8. Power to deal with evidence taken before another judge [Order 18, rule 8]
AI-assisted research summary: If a judge cannot finish a trial or application because of death, transfer, or other cause, the succeeding judge may use the evidence already recorded and continue the case from where the previous judge left off.
Section 8. Power to deal with evidence taken before another judge [Order 18, rule 8] Section 8(1) Where a judge is prevented by death, transfer, or other cause from concluding the trial of a suit or the hearing of any application, his successor may deal with any evidence taken down under the foregoing rules as if such evidence had been taken down by him or under his direction under the said rules, and may proceed with the suit or application from the stage at which his predecessor left it. Section 8(2) The provisions of subrule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 18 of the Act. - 9
9. Power to examine witness immediately [Order 18, rule 9]
AI-assisted research summary: The court may take a witness's evidence immediately in certain circumstances, and the evidence taken must be signed by the judge.
Section 9. Power to examine witness immediately [Order 18, rule 9] Section 9(1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court why his evidence should be taken immediately, the court may, upon the application of any party or of the witness, at any time after institution of the suit, take the evidence of such witness in the manner hereinbefore provided. Section 9(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the court thinks sufficient, of the day fixed for the examination, shall be given to the parties. Section 9(3) The evidence so taken shall be signed by the judge and shall be evidence in the suit. - 1
1. Power to order any point to be proved by affidavit [Order 19, rule 1]
AI-assisted research summary: A court may order facts to be proved by affidavit or read at the hearing for sufficient reason, but must not order affidavit evidence when a party bona fide desires the witness for cross-examination and the witness can be produced.
Section 1. Power to order any point to be proved by affidavit [Order 19, rule 1] Section Any court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the court thinks reasonable:Provided that, where it appears to the court that either partybona fidedesires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. - 2
2. Power to order attendance of deponent for cross-examination [Order 19, rule 2]
AI-assisted research summary: The court may, at the instance of either party, order the attendance for cross-examination of the deponent; evidence may be given by affidavit; attendance shall be in court unless the deponent is exempted or the Court otherwise directs.
Section 2. Power to order attendance of deponent for cross-examination [Order 19, rule 2] Section 2(1) Upon any application, evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent. Section 2(2) Such attendance shall be in court, unless the deponent is exempted from personal appearance in court, or the Court otherwise directs. - 3
3. Matters to which affidavits shall be confined [Order 19, rule 3]
AI-assisted research summary: Affidavits must be limited to facts the deponent can prove from personal knowledge; by leave of court or in interlocutory proceedings they may include statements of information and belief; costs for affidavits that needlessly include hearsay or argumentative matter are payable by the filing party unless the court directs otherwise.
Section 3. Matters to which affidavits shall be confined [Order 19, rule 3] Section 3(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove:Provided that in interlocutory proceedings, or by leave of the court, an affidavit may contain statements of information and belief showing the sources and grounds thereof. Section 3(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter or copies of or extracts from documents, shall (unless the court otherwise directs) be paid by the party filing the same. - 4
4. Deponent’s particulars [Order 19, rule 4]
AI-assisted research summary: Every affidavit must state the deponent’s description, true place of abode and postal address; if the deponent is a minor, the affidavit must state his age.
Section 4. Deponent’s particulars [Order 19, rule 4] Section Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall state his age. - 5
5. Manner of drawing affidavit [Order 19, rule 5]
AI-assisted research summary: Affidavits shall be in the first person and divided into consecutively numbered paragraphs confined to distinct portions of the subject.
Section 5. Manner of drawing affidavit [Order 19, rule 5] Section Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively which shall be confined as nearly as may be to a distinct portion of the subject. - 6
6. Striking out matter [Order 19, rule 6]
AI-assisted research summary: The court may order the removal from an affidavit of any matter that is scandalous, irrelevant, or oppressive.
Section 6. Striking out matter [Order 19, rule 6] Section The court may order to be struck out from any affidavit any matter which is scandalous, irrelevant or oppressive. - 7
7. Irregularity in form of affidavit [Order 19, rule 7]
AI-assisted research summary: The court may accept any affidavit sworn for use in a suit even if there is a misdescription of the parties, defects in the title, other irregularity in form, or on a technicality.
Section 7. Irregularity in form of affidavit [Order 19, rule 7] Section The court may receive any affidavit sworn for the purpose of being used in any suit notwithstanding any defect by misdescription of the parties or otherwise in the title or other irregularity in the form thereof or on any technicality. - 8
8. Affidavit sworn before suit filed [Order 19, rule 8]
AI-assisted research summary: An affidavit must not be rejected solely because it was sworn before the suit was filed, unless the court directs otherwise.
Section 8. Affidavit sworn before suit filed [Order 19, rule 8] Section Unless otherwise directed by the court an affidavit shall not be rejected solely because it was sworn before the filing of the suit concerned. - 9
9. Procedure [Order 19, rule 9]
AI-assisted research summary: Applications under this Order may by chamber summons or orally in court.
Section 9. Procedure [Order 19, rule 9] Section Applications under this Order may by chamber summons or orally in court. - 1
1. Order for accounts [Order 20, rule 1]
AI-assisted research summary: If a plaintiff seeks an account and the defendant fails to appear or does not satisfy the court that a preliminary question must be tried, the court must order proper accounts with necessary inquiries and directions forthwith.
Section 1. Order for accounts [Order 20, rule 1] Section Where a plaint prays for an account, or where the relief sought or the plaint involves the taking of an account, if the defendant either fails to appear or does not after appearance by affidavit or otherwise satisfy the court that there is some preliminary question to be tried, an order for the proper accounts with all necessary inquiries and directions usual in similar cases shall forthwith be made. - 2
2. Order for accounts on counterclaim [Order 20, rule 2]
AI-assisted research summary: Section 2: Order for accounts on counterclaim; refers to "the plaintiff".
Section 2. Order for accounts on counterclaim [Order 20, rule 2] Section the plaintiff; - 3
3. Procedure [Order 20, rule 3]
AI-assisted research summary: An application for the order must be made by chamber summons and, when necessary, be supported by an affidavit filed on behalf of the plaintiff; the application may be made any time after the time for entering an appearance has expired.
Section 3. Procedure [Order 20, rule 3] Section An application for such order as is mentioned in rule 1 and 2 shall be made by chamber summons and be supported by an affidavit when necessary filed on behalf of the plaintiff stating concisely the grounds of his claim to an account; and such application may be made at any time after the time for entering an appearance has expired. - 4
4. Orders by court [Order 20, rule 4]
AI-assisted research summary: The court may order an account to be taken and may order any amount found due to be paid within a time specified, unless it is satisfied that there is a preliminary question to be tried.
Section 4. Orders by court [Order 20, rule 4] Section On hearing of the application, the court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order. - 1
1. Commencement of suit and case track allocation [Order 3, rule 1]
AI-assisted research summary: Rules for commencing a suit: suits must be instituted by presenting a plaint; claims must state the chosen track (small claims, fast track, or multi-track); definitions and factors for track choice are provided.
Section 1. Commencement of suit and case track allocation [Order 3, rule 1] Section 1(1) Every suit shall be instituted by presenting a plaint to the Court, or in such other manner as may be prescribed. Section 1(2) The claim shall indicate at the heading the choice of track; namely “small claims”, “fast track” or “multi-track”. Section 1(3) For purposes of this rule— Section 1(3)(a) "small claim" refers to a simple claim whose monetary value does not exceed two hundred thousand shillings. Section 1(3)(b) “Fast track” refers to a case with undisputed facts and legal issues; relatively few parties; and would likely be concluded within one hundred and eighty days after the pre-trial directions under Order 11. Section 1(3)(c) “Multi-track" refers to a case with complex facts and legal issues; or several parties and which would likely be concluded within two hundred and forty days from the date of the pre-trial directions under Order 11. Section 1(4) In choosing a case track, the plaintiff shall have regard to all relevant considerations including the following— Section 1(4)(a) the complexity of the issues of fact, law or evidence; Section 1(4)(b) the financial value of the claim; Section 1(4)(c) the likely expense to the parties; Section 1(4)(d) the importance of issues of law or fact to the public; Section 1(4)(e) the nature of the remedy sought; Section 1(4)(f) the number of parties or prospective parties; and Section 1(4)(g) the time required for pre-trial disclosures and for preparation for trial or hearing; - 2
2. Documents to accompany suit [Order 3, rule 2]
AI-assisted research summary: Requires that documents accompany a suit, and refers to an affidavit under Order 4 rule1(2).
Section 2. Documents to accompany suit [Order 3, rule 2] Section the affidavit referred to under Order 4 rule1(2); - 3
3. Register of civil suits and filing [Order 3, rule 3]
AI-assisted research summary: Registries must keep a register of civil suits; particulars of suits must be entered and suits numbered each year. Plaintiffs must present plaints during office hours with any payable fee and the plaint will be date-stamped, which is the filing date even if the fee amount is disputed.
Section 3. Register of civil suits and filing [Order 3, rule 3] Section 3(1) A register of suits, to be called the register of civil suits, shall be kept at every registry; and the particulars of every suit filed in a registry shall be entered in the register and all such suits shall be numbered in each year according to the order in which they are instituted in that registry. Section 3(2) Every plaint to be filed shall be presented to the registry during office hours together with any fee payable on its filing and each such plaint shall be date-stamped with the date on which it was so presented which shall be the date of filing the suit notwithstanding any dispute as to the amount of the fee payable. - 4
4. Suit to include the whole claim [Order 3, rule 4]
AI-assisted research summary: Plaintiffs may relinquish portions of their claim; if a plaintiff omits or relinquishes part of a claim, they may not later sue for that part; a person entitled to multiple remedies may sue for all or some, but if they omit (except with court leave) they cannot later sue for omitted remedies.
Section 4. Suit to include the whole claim [Order 3, rule 4] Section 4(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim. Section 4(2) Where a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion omitted or relinquished. Section 4(3) A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the court, to sue for all such reliefs he shall not afterwards sue for any relief so omitted. - 5
5. Joinder of causes of action [Order 3, rule 5]
AI-assisted research summary: Plaintiffs may join multiple causes of action against the same defendant or unite jointly‑held causes of action in the same suit.
Section 5. Joinder of causes of action [Order 3, rule 5] Section 5(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit. Section 5(2) Where causes of action are united, the jurisdiction of the court as regards the suit shall depend on the amount or value of the aggregate of the subject-matters at the date of instituting the suit. - 6
6. Only certain claims to be joined with a suit for recovery of immovable property [Order 3, rule 6]
AI-assisted research summary: Only certain claims may be joined with a suit to recover immovable property; claims for mesne profits or arrears of rent in respect of the property (or part of it) are addressed.
Section 6. Only certain claims to be joined with a suit for recovery of immovable property [Order 3, rule 6] Section claims formesneprofits or arrears of rent in respect of the property claimed or any part thereof; - 7
7. Claims by or against executor, administrator or heir [Order 3, rule 7]
AI-assisted research summary: Claims by or against an executor or administrator must not be joined with claims against that person personally, unless those claims relate to the estate or are liabilities shared with the deceased.
Section 7. Claims by or against executor, administrator or heir [Order 3, rule 7] Section No claim by or against an executor or administrator, as such, shall be joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator, or are such as he was entitled to, or liable for, jointly with the deceased person whom he represents. - 8
8. Power of court to order separate trials [Order 3, rule 8]
AI-assisted research summary: The court may order separate trials when it appears that multiple causes of action joined in one suit cannot conveniently be tried or disposed of together.
Section 8. Power of court to order separate trials [Order 3, rule 8] Section Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may either on the application of any party or of its own motion order separate trials or may make such order as may be expedient. - 9
9. Declaratory judgment [Order 3, rule 9]
AI-assisted research summary: Suits cannot be objected to solely because they seek a declaratory judgment, and the court may issue a binding declaration of rights even if no consequential relief is or could be claimed.
Section 9. Declaratory judgment [Order 3, rule 9] Section No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make a binding declaration of right whether any consequential relief is or could be claimed or not. - 1
1. Judgment, when pronounced [Order 21, rule 1]
AI-assisted research summary: After hearing the case, the court must pronounce judgment in open court either immediately or within sixty days of the trial; if not given within sixty days the judge must record reasons, send a copy to the Chief Justice and immediately fix a date for judgment.
Section 1. Judgment, when pronounced [Order 21, rule 1] Section In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or within sixty days from the conclusion of the trial notice of which shall be given to the parties or their advocates.Provided that where judgment is not given within sixty days the judge shall record reasons thereof copy of which shall be forwarded to the Chief Justice and shall immediately fix a date for judgment. - 10
10. Decree for recovery of immovable property [Order 21, rule 10]
AI-assisted research summary: If a suit concerns immovable property, the decree must include a description sufficient to identify the property and, when identifiable by boundaries or government record/survey numbers, must specify those boundaries or numbers.
Section 10. Decree for recovery of immovable property [Order 21, rule 10] Section Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and, where such property can be identified by boundaries or by numbers in a government record or survey, the decree shall specify such boundaries or numbers. - 11
11. Decree for delivery of movable property [Order 21, rule 11]
AI-assisted research summary: If a decree orders delivery of movable property, the decree must also state the amount of money payable as an alternative if delivery cannot be had.
Section 11. Decree for delivery of movable property [Order 21, rule 11] Section Where the suit is in respect of movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had. - 12
12. Decree may direct payment by instalments [Order 21, rule 12]
AI-assisted research summary: The court may postpone payment of a money decree or allow it to be paid by instalments, with or without interest; after a judgment the court may, on application by the judgment-debtor and with or without the decree-holder's consent for sufficient cause, order postponement or instalments on terms including interest, attachment of property, or security.
Section 12. Decree may direct payment by instalments [Order 21, rule 12] Section 12(1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. Section 12(2) After passing of any such judgment or decree, the court may on the application of the judgment-debtor and with the consent of the decree-holder or without the consent of the decree-holder for sufficient cause shown, order that the payment of the amount decreed be postponed or be made by instalments on such terms as to the payment of interest, the attachment of the property of the judgment-debtor or the taking of security from him, or otherwise, as it thinks fit.[L.N. 22/2020, r. 18.] - 13
13. Decree for possession and mesne profits [Order 21, rule 13]
AI-assisted research summary: If a suit seeks recovery of possession of immovable property and rent or mesne profits, the court may (a) decree possession, (b) decree rent or direct an inquiry into rent accrued before the suit, and (c) direct an inquiry into rent from institution until delivery/relinquishment/three years (whichever first occurs).
Section 13. Decree for possession and mesne profits [Order 21, rule 13] Section 13(1) Where a suit is for the recovery of possession of immovable property and for rent ormesneprofits, the court may pass a decree— Section 13(1)(a) for the possession of the property; Section 13(1)(b) for the rent ormesneprofits which have accrued on the property during a period prior to the institution of the suit or directing an inquiry as to such rent ormesneprofits; Section 13(1)(c) directing an inquiry as to rent ormesneprofits from the institution of such suit until— Section 13(1)(c) the delivery of possession to the decree-holder; Section 13(1)(c)(i) the delivery of possession to the decree-holder; Section 13(1)(c)(ii) the relinquishment of possession by the judgment- debtor with notice to the decree-holder through the court; or Section 13(1)(c)(iii) the expiration of three years from the date of the decree, whichever event first occurs. Section 13(2) Where an inquiry is directed under subrule (1)(b) or (1)(c), a final decree in respect of the rent andmesneprofits shall be passed in accordance with the result of such inquiry. - 14
14. Decree in administration suit [Order 21, rule 14]
AI-assisted research summary: Before issuing a final decree in a suit for account or administration, the court must first issue a preliminary decree ordering accounts and inquiries; when administering a deceased person's insufficient estate, the court must follow the same rules as apply to insolvent estates regarding creditors, provable debts, and valuation of annuities and contingent liabilities.
Section 14. Decree in administration suit [Order 21, rule 14] Section 14(1) Where a suit is for an account in respect of any property or for its due administration under the decree of the court, the court shall, before passing the final decree, pass a preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other directions as it thinks fit. Section 14(2) In the administration by the court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities, respectively, as may be in force for the time being with respect to the estates of persons adjudged or declared insolvent; and all persons, who in any such case would be entitled to be paid out of such property, may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Act. - 15
15. Decree in suit for dissolution of partnership [Order 21, rule 15]
AI-assisted research summary: In suits for dissolution or accounting of a partnership, the court may, before the final decree, issue a preliminary decree to state shares, fix the dissolution day, and order accounts or other acts.
Section 15. Decree in suit for dissolution of partnership [Order 21, rule 15] Section Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the court, before passing a final decree, may pass a preliminary decree, declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved, or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit. - 16
16. Decree in suit for account between principal and agent [Order 21, rule 16]
AI-assisted research summary: The court must, before giving its final decree, first make a preliminary decree directing that accounts be taken to determine money due between parties.
Section 16. Decree in suit for account between principal and agent [Order 21, rule 16] Section In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the court shall, before passing its final decree, pass a preliminary decree directing such accounts to be taken as it thinks fit. - 17
17. Special directions as to accounts [Order 21, rule 17]
AI-assisted research summary: The court may give special directions about how an account is to be taken or vouched, including directing that the books of account be prima facie evidence, with liberty for interested parties to object.
Section 17. Special directions as to accounts [Order 21, rule 17] Section The court may, either by the decree directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken asprima facieevidence of the truth of the matter therein contained with liberty to the parties interested to take such objection thereto as they may be advised. - 18
18. Decree in suit for partition of property or separate possession of a share [Order 21, rule 18]
AI-assisted research summary: The court may, when a partition or separate possession decree cannot be conveniently executed without further inquiry, pass a preliminary decree declaring parties' rights and giving further directions.
Section 18. Decree in suit for partition of property or separate possession of a share [Order 21, rule 18] Section Where a court passes a decree for the partition of property or for the separate possession of a share therein, the court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the parties interested in the property and giving such further directions as may be required. - 19
19. Decree where set-off is allowed [Order 21, rule 19]
AI-assisted research summary: A decree must state the amounts due to each party and provide for recovery of any sum appearing due to either party.
Section 19. Decree where set-off is allowed [Order 21, rule 19] Section 19(1) Where the defendant has been allowed a set-off against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party. Section 19(2) Any decree passed in a suit in which a set-off is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if no set-off had been claimed. Section 19(3) The provisions of this rule shall apply whether or not the set-off is admissible under rule 3 of Order 7. - 2
2. Power to pronounce judgment written by another judge [Order 21, rule 2]
AI-assisted research summary: Judges may pronounce judgments that were written and signed but not previously pronounced by another judge.
Section 2. Power to pronounce judgment written by another judge [Order 21, rule 2] Section 2(1) A judge may pronounce a judgment written and signed but not pronounced by his predecessor. Section 2(2) A judge of the High Court may pronounce a judgment written and signed but not pronounced by another judge of the High Court. - 20
20. Certified copies of judgment and decree to be furnished [Order 21, rule 20]
AI-assisted research summary: The registrar, or the presiding magistrate in a subordinate court, must furnish certified copies of the judgment and decree upon written request by the parties and payment of requisite fees; they may also furnish copies to any person on showing sufficient cause.
Section 20. Certified copies of judgment and decree to be furnished [Order 21, rule 20] Section The registrar, or in the case of a subordinate court, the presiding magistrate shall upon written request made by the parties or any of them, and upon payment of requisite fees, furnish certified copies of the judgment and decree:Provided that nothing in this rule shall preclude the registrar or the presiding magistrate from furnishing such copies to any person upon sufficient cause being shown for such request. - 3
3. Judgment to be signed [Order 21, rule 3]
AI-assisted research summary: Judgments must be dated and signed (or dated and countersigned if written by another judge) in open court at the time they are pronounced.
Section 3. Judgment to be signed [Order 21, rule 3] Section 3(1) A judgment pronounced by the judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it. Section 3(2) A judgment pronounced by a judge other than the judge by whom it was written shall be dated and countersigned by him in open court at the time of pronouncing it. Section 3(3) A judgment once signed shall not afterwards be altered or added to save as provided by section 99 of the Act or on review. - 4
4. Contents of judgment [Order 21, rule 4]
AI-assisted research summary: Judgments in defended suits must include a concise statement of the case, the points for determination, the decision, and the reasons for the decision.
Section 4. Contents of judgment [Order 21, rule 4] Section Judgments in defended suits shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. - 5
5. Court to state its decision on each issue [Order 21, rule 5]
AI-assisted research summary: When issues have been framed in a suit, the court must state its finding or decision on each separate issue and give its reasons.
Section 5. Court to state its decision on each issue [Order 21, rule 5] Section In suits in which issues have been framed, the court shall state its finding or decision, with the reasons therefor, upon each separate issue. - 6
6. Judgment affecting registered title to land [Order 21, rule 6]
AI-assisted research summary: Before delivering a judgment that would alter a registered land title, a certified copy of the title must be produced to the court.
Section 6. Judgment affecting registered title to land [Order 21, rule 6] Section Where there is a prayer for a judgment the grant of which would result in some alteration to the title of land registered under any written law concerning the registration of title to land, a certified copy of the title shall be produced to the court before any such judgment is delivered. - 7
7. Contents of decree [Order 21, rule 7]
AI-assisted research summary: The decree must agree with the judgment and must state the suit number, parties, particulars of the claim, the relief or determination, and who or what property must pay the costs (including proportions and possible set-off).
Section 7. Contents of decree [Order 21, rule 7] Section 7(1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit. Section 7(2) The decree shall also state by whom or out of what property or in what proportion the costs incurred in the suit are to be paid. Section 7(3) The court may direct that the costs payable to one party by the other shall be set-off against any sum which is admitted or found to be due from the former to the latter. - 8
8. Preparation and dating of decrees and orders [Order 21, rule 8]
AI-assisted research summary: Rules for preparing, approving, and signing decrees and orders, including that parties may prepare draft decrees, other parties must approve or reject without undue delay, and the registrar shall sign and seal a deed if satisfied or if no response within seven days after notice.
Section 8. Preparation and dating of decrees and orders [Order 21, rule 8] Section 8(1) A decree shall bear the date of the day on which the judgment was delivered. Section 8(2) Any party in a suit in the High Court may prepare a draft decree and submit it for the approval of the other parties to the suit, who shall approve it with or without amendment, or reject it, without undue delay; and if the draft is approved by the parties, it shall be submitted to the registrar who, if satisfied that it is drawn up in accordance with the judgment, shall sign and seal the decree accordingly. Section 8(3) If no approval of or disagreement with the draft decree is received within seven days after delivery thereof to the other parties, the registrar, on receipt of notice in writing to that effect, if satisfied that the draft decree is drawn up in accordance with the judgment, shall sign and seal the decree accordingly. Section 8(4) On any disagreement with the draft decree any party may file the draft decree marked as “for settlement” and the registrar shall thereupon list the same in chambers before the judge who heard the case or, if he is not available, before any other judge, and shall give notice thereof to the parties. Section 8(5) The provisions of sub-rules 2, 3 and 4 shall apply to a subordinate court and reference to the registrar and judge in the subrules shall refer to magistrate. Section 8(6) Any order, whether in the High Court or in a subordinate court, which is required to be drawn up, shall be prepared and signed in like manner as a decree. Section 8(7) Nothing in this rule shall limit the power of the court to approve a draft decree at the time of pronouncing judgment in the suit, or the power of the court to approve a draft order at the time of making the order. - 9
9. Costs [Order 21, rule 9]
AI-assisted research summary: If the amount of costs is not stated in the decree or order under subrule (1), once the costs have been taxed or otherwise ascertained they must be stated in a separate certificate signed by the taxing officer or, in a subordinate court, by the magistrate.
Section 9. Costs [Order 21, rule 9] Section 9(1) Where the amount of costs has been— Section 9(1)(a) agreed between the parties; Section 9(1)(b) fixed by the judge or magistrate before the decree is drawn; Section 9(1)(c) certified by the registrar (Sub. Leg. Cap. 16); or Section 9(1)(d) taxed by the court, Section 9(2) In all other cases, and where the costs have not in fact been stated in the decree or order in accordance with subrule (1), after the amount of the costs has been taxed or otherwise ascertained, it shall be stated in a separate certificate to be signed by the taxing officer, or, in a subordinate court, by the magistrate. Section 9(3) In this rule,“taxing officer”means a taxing officer qualified under paragraph 10 of the Advocates (Remuneration) Order (Sub. Leg. Cap. 16).[L.N. 22/2020, r. 16.] - 9A
9A. Party to file and serve letter as to costs [Order 21, rule 9A]
AI-assisted research summary: A party claiming costs at a Magistrates Court must file a written request, statement of costs and supporting documents with the Court and serve them on the other parties with a breakdown of the costs sought.
Section 9A. Party to file and serve letter as to costs [Order 21, rule 9A] Section 9A(1) A party claiming costs at a Magistrates Court shall file a written request, statement of costs and supporting documents with the Court and serve it on the other parties with a breakdown of the costs sought.[L.N. 22/2020, r. 17.] - 9B
9B. Respondent may admit, partially reject or wholly reject letter [Order 21, rule 9B]
AI-assisted research summary: The Respondent may admit, partially reject or wholly reject a letter; and, once served with specified documents, the Respondent may file a response with the Court within seven days of service.
Section 9B. Respondent may admit, partially reject or wholly reject letter [Order 21, rule 9B] Section 9B(2) Once served with the written request, a statement of costs and supporting documents under sub-rule 1, the Respondent may file a response with the Court within seven days of service.[L.N. 22/2020, r. 17.] - 9C
9C. Court to make determination within 14 days [Order 21, rule 9C]
AI-assisted research summary: The Court must consider written requests and supporting documents and make orders as to costs within fourteen days of the respondent's response.
Section 9C. Court to make determination within 14 days [Order 21, rule 9C] Section 9C(3) The Court shall consider the written request, statement of costs and supporting documents filed by the parties within fourteen days of response by the respondent and make appropriate orders as to costs.[L.N. 22/2020, r. 17.] - 9D
9D. Court to be guided by Advocates (Remuneration) Order [Order 21, rule 9D]
AI-assisted research summary: When awarding costs, the Court must be guided by the Advocates (Remuneration) Order.
Section 9D. Court to be guided by Advocates (Remuneration) Order [Order 21, rule 9D] Section 9D(4) In awarding costs, the Court shall be guided by the Advocates (Remuneration) Order.[L.N. 22/2020, r. 17.] - 1
1. Modes of paying money under decree [Order 22, rule 1]
AI-assisted research summary: All money payable under a decree or order must be paid into the executing court, directly to the decree-holder, or as the court which made the decree directs. If payment is made into the court under subrule (1)(a), the court must send notice of the payment to the decree-holder and his advocate, if any.
Section 1. Modes of paying money under decree [Order 22, rule 1] Section 1(1) All money payable under a decree or order shall be paid as follows— Section 1(1)(a) into the court whose duty it is to execute the decree; Section 1(1)(b) direct to the decree-holder; or Section 1(1)(c) otherwise as the court which made the decree directs. Section 1(2) Where any payment is made under subrule (1) (a), notice of such payment shall be sent by the court to the decree-holder and his advocate, if any. - 10
10. Power to require certified extract from Land Registries in certain cases [Order 22, rule 10]
AI-assisted research summary: When an application is made for attachment of land registered in the Land Registries, the court may require the applicant to produce a certified extract from the register identifying registered proprietors and their shares.
Section 10. Power to require certified extract from Land Registries in certain cases [Order 22, rule 10] Section Where an application is made for the attachment of any land which is registered in the Land Registries, the court may require the applicant to produce a certified extract from the register of such office, specifying the persons registered as proprietors of, or as possessing, any transferable interest in the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors. - 11
11. Application for execution by joint decree-holders [Order 22, rule 11]
AI-assisted research summary: Persons jointly awarded a decree may apply for execution of the whole decree for their collective benefit (or for survivors and legal representatives if someone has died); and where the court is shown sufficient cause it must make orders to protect interests of those who did not join the application.
Section 11. Application for execution by joint decree-holders [Order 22, rule 11] Section 11(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or where any of them has died, for the benefit of the survivors and the legal representatives of the deceased. Section 11(2) Where the court is shown sufficient cause for allowing the decree to be executed on an application made under this rule it shall make such order as it deems necessary for protecting the interests of the persons who have not joined in the application. - 12
12. Application for execution by transferee of decree [Order 22, rule 12]
AI-assisted research summary: When a decree or its interest has been transferred by assignment, notice of an application for execution must be given to the transferor and the judgment-debtor, and the decree must not be executed until the court has heard their objections, if any.
Section 12. Application for execution by transferee of decree [Order 22, rule 12] Section where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall not be executed until the court has heard their objections, if any, to its execution; or - 13
13. Procedure on receiving an application for execution of decree [Order 22, rule 13]
AI-assisted research summary: When the court receives an application for execution of a decree it must check compliance with rules 7–9; if not complied with the court may reject the application or allow defects to be remedied (immediately or within a time fixed by the court). Amendments under the rule must be signed and dated by a judge or registrar. When admitted, the court shall order execution of the decree.
Section 13. Procedure on receiving an application for execution of decree [Order 22, rule 13] Section 13(1) On receiving an application for the execution of a decree as provided by rule 7(2), the court shall ascertain whether such of the requirements of rules 7 to 9 as may be applicable to the case have been complied with; and, if they have not been complied with, the court may reject the application, or may allow the defect to be remedied there and then or within a time to be fixed by it. Section 13(2) Where an application is amended under subrule (1), it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented. Section 13(3) Every amendment made under this rule shall be signed and dated by a judge or registrar. Section 13(4) When the application is admitted, the court shall, subject to the provisions hereinafter contained, order execution of the decree according to the nature of the application:Provided that in the case of a decree for the payment of money the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree. - 14
14. Execution in case of cross-decrees [Order 22, rule 14]
AI-assisted research summary: Where two monetary decrees exist between the same parties, the holder of the larger-decree may execute only for the net amount after deducting the smaller sum; holders of joint-and-several decrees may treat them as cross-decrees against singly-held decrees.
Section 14. Execution in case of cross-decrees [Order 22, rule 14] Section 14(1) Where applications are made to a court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by such court, then— Section 14(1)(a) if the two sums are equal, satisfaction shall be entered upon both decrees; and Section 14(1)(b) if the two sums are unequal, execution may be taken out only by the holder of the decree for the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum. Section 14(2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and as well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the assignee himself. Section 14(3) This rule shall not be deemed to apply, unless— Section 14(3)(a) the decree-holder in one of the suits in which the decrees have been made is the judgment-debtor in the other and each party fills the same character in both suits; and Section 14(3)(b) the sums under the decree are definite. Section 14(4) The holder of a decree passed against several persons jointly and severally may treat it as a cross-decree in relation to a decree passed against him singly in favour of one or more of such persons. - 15
15. Execution in case of cross-claims under same decree [Order 22, rule 15]
AI-assisted research summary: If the two sums are equal, satisfaction for both shall be entered upon the decree.
Section 15. Execution in case of cross-claims under same decree [Order 22, rule 15] Section if the two sums are equal, satisfaction for both shall be entered upon the decree; and - 16
16. Cross-decrees and cross-claims in mortgage suits [Order 22, rule 16]
AI-assisted research summary: Rules 14 and 15 apply when one or both decrees for sale are in enforcement of a mortgage or charge.
Section 16. Cross-decrees and cross-claims in mortgage suits [Order 22, rule 16] Section The provisions of rules 14 and 15 shall apply when one or both of the decrees for sale is in enforcement of a mortgage or charge. - 17
17. Simultaneous execution [Order 22, rule 17]
AI-assisted research summary: The court may refuse simultaneous execution against the person and property of the judgment-debtor.
Section 17. Simultaneous execution [Order 22, rule 17] Section The court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor. - 18
18. Notice to show cause against execution in certain cases [Order 22, rule 18]
AI-assisted research summary: The court may carry out execution of a decree without issuing the prescribed notice if it records reasons and considers that issuing the notice would cause unreasonable delay or defeat the ends of justice.
Section 18. Notice to show cause against execution in certain cases [Order 22, rule 18] Section 18(1) Where an application for execution is made— Section 18(1)(a) more than one year after the date of the decree; Section 18(1)(b) against the legal representative of a party to the decree; or Section 18(1)(c) for attachment of salary or allowance of any person under rule 43, Section 18(2) Nothing in subrule (1) shall be deemed to preclude the court from issuing any process in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the ends of justice. Section 18(3) Except as provided in rule 6 and in this rule, no notice is required to be served on a judgment debtor before execution is issued against him. - 19
19. Procedure after issue of notice [Order 22, rule 19]
AI-assisted research summary: If the person served under rule 18 does not appear or show cause, the court must order the decree to be executed; if the person objects the Court will consider the objection and may make any order it thinks fit.
Section 19. Procedure after issue of notice [Order 22, rule 19] Section 19(1) Where the person to whom notice is issued under rule 18 does not appear or does not show cause to the satisfaction of the court why the decree should not be executed, the court shall order the decree to be executed. Section 19(2) Where such person offers any objection to the execution of the decree, the Court shall consider such objection and make such order as it thinks fit. - 2
2. Payment out of court to decree-holder [Order 22, rule 2]
AI-assisted research summary: If money payable under a decree is paid to the decree-holder or adjusted to the decree-holder's satisfaction, the decree-holder may certify that payment or adjustment to the executing court and the court shall record the certification.
Section 2. Payment out of court to decree-holder [Order 22, rule 2] Section 2(1) Where any money payable under a decree of any kind is paid direct to the decree-holder or the decree is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree- holder may certify such payment or adjustment to the court whose duty it is to execute the decree, and the court shall record the same accordingly. Section 2(2) The judgment-debtor also may inform the court of such payment or adjustment, and apply to the court to issue a notice to the decree-holder to show cause, on a day to be fixed by the court, why such payment or adjustment should not be recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the court shall record the same accordingly. - 20
20. Process for execution [Order 22, rule 20]
AI-assisted research summary: After any required preliminary measures, the court must issue process for executing the decree; the process must bear the date and day, be signed by the judge or an appointed officer, sealed with the court seal and delivered to the proper officer for execution.
Section 20. Process for execution [Order 22, rule 20] Section 20(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the court shall, unless there is cause to the contrary, issue its process for the execution of the decree. Section 20(2) Every such process shall bear the date and the day on which it is issued, and shall be signed by the judge or such officer as the court may appoint in this behalf, and shall be sealed with the seal of the court and delivered to the proper officer to be executed. - 21
21. Endorsement on process [Order 22, rule 21]
AI-assisted research summary: An officer executing a process must endorse the process with the date, manner of execution, reasons for any delay or failure, and return it to the court; if the officer records inability to execute, the court may examine the officer and witnesses and shall record the result.
Section 21. Endorsement on process [Order 22, rule 21] Section 21(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason for the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the court. Section 21(2) Where the endorsement is to the effect that such officer is unable to execute the process, the court may examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result. - 22
22. When court may stay execution [Order 22, rule 22]
AI-assisted research summary: A court receiving a decree for execution must, if sufficient cause is shown, stay execution for a reasonable time to allow the judgment-debtor to apply for a stay; the court that issued execution may order restitution of seized property or discharge of the person pending that application; before doing so the court may require security or impose conditions on the judgment-debtor.
Section 22. When court may stay execution [Order 22, rule 22] Section 22(1) The court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time to enable the judgment-debtor to apply to the court by which the decree was passed, or to any court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay the execution, or for any other order relating to the decree or execution which might have been made by the court of first instance, or appellate court if execution has been issued thereby, or if application for execution has been made thereto. Section 22(2) Where the property or person of the judgment-debtor has been seized under an execution, the court which issued the execution may order the restitution of such property or the discharge of such person pending the results of the application. Section 22(3) Before making an order to stay execution or for the restitution of property or the discharge of the judgment-debtor the court may require such security from, or impose such conditions upon, the judgment-debtor as it thinks fit. - 23
23. Liability of judgment-debtor discharged [Order 22, rule 23]
AI-assisted research summary: An order of restitution or discharge under rule 22 does not prevent the property or person of a judgment-debtor from being retaken to execute the decree.
Section 23. Liability of judgment-debtor discharged [Order 22, rule 23] Section No order of restitution or discharge under rule 22 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution. - 24
24. Order of court which passed decree or of appellate court to be binding upon court applied to [Order 22, rule 24]
AI-assisted research summary: A court receiving a decree for execution must treat any order made by the court that passed the decree, or by the appellate court regarding its execution, as binding.
Section 24. Order of court which passed decree or of appellate court to be binding upon court applied to [Order 22, rule 24] Section Any order of the court by which a decree is passed, or of such appellate court as aforesaid, in relation to the execution of such decree, shall be binding upon the court to which the decree is sent for execution. - 25
25. Stay of execution pending suit between decree-holder and judgment-debtor [Order 22, rule 25]
AI-assisted research summary: The court may stay execution of a decree while a suit against the decree-holder by the person named in the decree is pending, on terms as to security or otherwise as it thinks fit, until that suit is decided.
Section 25. Stay of execution pending suit between decree-holder and judgment-debtor [Order 22, rule 25] Section Where a suit is pending in any court against the holder of a decree of such court in the name of the person against whom the decree was passed, the court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided. - 26
26. Decree for payment of money [Order 22, rule 26]
AI-assisted research summary: A decree for payment of money may be enforced by imprisoning the judgment-debtor, by attaching and selling his property, or by both, subject to section 38 of the Act.
Section 26. Decree for payment of money [Order 22, rule 26] Section Subject to the provisions of section 38 of the Act, every decree for the payment of money, including a decree for the payment of money as an alternative to some other relief, may be executed by the detention in prison of the judgment-debtor, or by the attachment and sale of his property, or by both. - 27
27. Decree for specific movable property [Order 22, rule 27]
AI-assisted research summary: If a decree concerns a specific movable, it can be executed by seizure, delivery, detention, or attachment; after six months of attachment the property may be sold and the court may award amounts to the decree-holder and must pay any balance to the judgment-debtor on application.
Section 27. Decree for specific movable property [Order 22, rule 27] Section 27(1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on his behalf, or by the detention in prison of the judgment-debtor, or by the attachment of his property, or by both. Section 27(2) Where any attachment under subrule (1) has remained in force for six months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold, and out of the proceeds the court may award to the decree-holder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of movable property, such amount and, in other cases, such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application. Section 27(3) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of six months from the date of attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment shall cease. - 28
28. Decree for specific performance or for an injunction [Order 22, rule 28]
AI-assisted research summary: The court may direct that the required act be performed by the decree-holder or another person at the judgment-debtor's cost, and the court may award compensation to the decree-holder out of proceeds when attached property is sold after six months.
Section 28. Decree for specific performance or for an injunction [Order 22, rule 28] Section 28(1) Where any party against whom a decree for the specific performance of a contract, or for an injunction, has been passed, has had an opportunity of obeying the decree, and has wilfully failed to obey it; the decree may be enforced by his detention in prison, or by the attachment of his property, or by both. Section 28(2) Where the party against whom a decree for specific performance or for an injunction has been passed is a corporation the decree may be enforced by the attachment of the property of the corporation. Section 28(3) Where any attachment under subrule (1) or (2) has remained in force for six months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold; and out of the proceeds the court may award to the decree-holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application. Section 28(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where at the end of six months from the date of the attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment shall cease. Section 28(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree-holder, or some other person appointed by the court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the court may direct and may be recovered as if they were included in the decree. - 29
29. Decree for immovable property [Order 22, rule 29]
AI-assisted research summary: When a decree orders delivery of immovable property, possession must be delivered to the party adjudged (or a person they appoint); the court, through its officers, may forcibly gain access after giving reasonable warning and allowing certain women to withdraw.
Section 29. Decree for immovable property [Order 22, rule 29] Section 29(1) Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property. Section 29(2) Where a decree is for the joint possession of immovable property, such possession shall be delivered by affixing a copy of the warrant in some conspicuous place on the property. Section 29(3) Where possession of any building or enclosure is to be delivered, and the person in possession being bound by the decree does not afford free access, the court, through its officers, may, after giving reasonable warning and facility to any woman not appearing in public according to the customs of her community to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession. - 3
3. Lands situate in more than one jurisdiction [Order 22, rule 3]
AI-assisted research summary: If an immovable property forms a single estate or tenure across the limits of two or more courts, any one of those courts may attach and sell the whole estate or tenure.
Section 3. Lands situate in more than one jurisdiction [Order 22, rule 3] Section Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more courts, any one of such courts may attach and sell the entire estate or tenure. - 30
30. Decree for delivery of immovable property when in occupancy of tenant [Order 22, rule 30]
AI-assisted research summary: When a decree orders delivery of immovable property currently occupied by a tenant (or other entitled occupant) who is not bound to relinquish occupancy, the court must effect delivery by affixing a copy of the warrant on the property and notifying the occupant of the substance of the decree.
Section 30. Decree for delivery of immovable property when in occupancy of tenant [Order 22, rule 30] Section Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property and notifying the occupant in such manner as may be suitable the substance of the decree in regard to the property. - 31
31. Discretionary power to permit judgment-debtor to show cause against detention in prison [Order 22, rule 31]
AI-assisted research summary: The court may issue a notice instead of a warrant to bring a judgment-debtor to show cause; if the debtor fails to appear and the decree-holder requires it, the court shall issue a warrant for arrest.
Section 31. Discretionary power to permit judgment-debtor to show cause against detention in prison [Order 22, rule 31] Section 31(1) Notwithstanding anything in these Rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the court may, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the court on a day to be specified in the notice and show cause why he should not be committed to prison. Section 31(2) Where appearance is not made in obedience to the notice, the court shall, if the decree-holder so requires, issue a warrant for the arrest of the judgment-debtor. - 32
32. Warrant for arrest to direct judgment-debtor to be brought up [Order 22, rule 32]
AI-assisted research summary: A warrant for the arrest of a judgment-debtor must direct the executing officer to bring the debtor before the court promptly, unless the debtor's ordered payment plus interest and costs are paid earlier.
Section 32. Warrant for arrest to direct judgment-debtor to be brought up [Order 22, rule 32] Section Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be sooner paid. - 33
33. Subsistence allowance [Order 22, rule 33]
AI-assisted research summary: A court must fix a monthly subsistence allowance for a judgment-debtor committed to prison; the decree-holder must pay into court sufficient funds before arrest and the party who applied for the arrest must supply monthly payments in advance; sums disbursed for subsistence are costs and the debtor may not be detained for those sums.
Section 33. Subsistence allowance [Order 22, rule 33] Section 33(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into court such sum as may be sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the court. Section 33(2) Where a judgment-debtor is committed to prison in execution of a decree the court shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed under section 41 of the Act, or, where no such scales have been fixed, as it considers sufficient. Section 33(3) The monthly allowance fixed by the court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments to the officer of the court appointed in this behalf in advance before the first day of each month. Section 33(4) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in prison shall be deemed to be costs in the suit:Provided that the judgment-debtor shall not be detained in prison or arrested on account of any sum so disbursed. - 34
34. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest [Order 22, rule 34]
AI-assisted research summary: The court may make orders (including disallowing arrest or directing release) if a judgment-debtor cannot pay; before committing a debtor to prison the court must be satisfied for reasons recorded in writing; if no order under subrule (1) is made the court shall cause arrest and commitment to prison.
Section 34. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest [Order 22, rule 34] Section 34(1) Where a judgment-debtor appears before the court in obedience to a notice issued under rule 31, or is brought before the court after being arrested in execution of a decree for the payment of money, and it appears to the court that the judgment-debtor is unable, from poverty or other sufficient cause, to pay the amount of the decree, or, if that amount is payable by instalments, the amount of any instalment thereof, the court may, upon such terms as it thinks fit, make an order disallowing the application for his arrest and detention or directing his release, as the case may be. Section 34(2) Before making an order for the committal of the judgment-debtor to prison, the court, for reasons to be recorded in writing, shall be satisfied— Section 34(2)(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree— Section 34(2)(a) is likely to abscond or leave the local limits of the jurisdiction of the court; or Section 34(2)(a)(i) is likely to abscond or leave the local limits of the jurisdiction of the court; or Section 34(2)(a)(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed or removed any part of his property, or committed any other act of bad faith in relation to his property; or Section 34(2)(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree, or some substantial part thereof, and refuses or neglects, or has refused or neglected, to pay the same, but in calculating such means there shall be left out of account any property which is exempt from attachment in execution of the decree; or Section 34(2)(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. Section 34(3) While any of the matters mentioned in subrule (2) are being considered, the court may, in its discretion, order the judgment-debtor to be detained in prison, or leave him in the custody of an officer of the court, or release him on his furnishing security, to the satisfaction of the court, for his appearance when required by the court. Section 34(4) A judgment-debtor released under this rule may be re- arrested. Section 34(5) Where the court does not make an order under subrule (1), it shall cause the judgment-debtor to be arrested, if he has not already been arrested, and, subject to the provisions of this Act, commit him to prison. - 35
35. Examination of judgment-debtor as to his property [Order 22, rule 35]
AI-assisted research summary: Section 35: Examination of judgment-debtor as to his property.
Section 35. Examination of judgment-debtor as to his property [Order 22, rule 35] Section the judgment-debtor; - 36
36. Attachment in case of decree for rent, or mesne profits, or other matter [Order 22, rule 36]
AI-assisted research summary: If a decree orders an inquiry about rent, mesne profits, or another matter, the judgment-debtor’s property may be attached before the exact amount due is determined.
Section 36. Attachment in case of decree for rent, or mesne profits, or other matter [Order 22, rule 36] Section Where a decree directs an inquiry as to rent ormesneprofits, or any other matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, be attached, as in the case of an ordinary decree for the payment of money. - 37
37. Attachment of movable property other than agricultural produce, in possession of judgment-debtor [Order 22, rule 37]
AI-assisted research summary: When movable property (other than agricultural produce) is in the possession of the judgment-debtor and attached, the attaching officer must keep the property in his custody or that of a subordinate and is responsible for its custody; the attaching officer may immediately sell perishable or costly-to-keep seized property; and the court may arrange custody and maintenance for seized livestock.
Section 37. Attachment of movable property other than agricultural produce, in possession of judgment-debtor [Order 22, rule 37] Section Where the property to be attached is movable property, other than agricultural produce, in the possession of the judgment-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody, or in the custody of one of his subordinates, and shall be responsible for the due custody thereof:Provided that, when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once; and further that when the property seized is livestock the court may make such arrangement for the custody and maintenance thereof as it may deem sufficient. - 38
38. Attachment of agricultural produce [Order 22, rule 38]
AI-assisted research summary: Section 38 is titled "Attachment of agricultural produce" and refers to attachment where the produce is a growing crop on the land where it is growing.
Section 38. Attachment of agricultural produce [Order 22, rule 38] Section where such produce is a growing crop, on the land on which such crop is growing; or - 39
39. Provisions as to agricultural produce under attachment [Order 22, rule 39]
AI-assisted research summary: When agricultural produce is attached the court must arrange for its custody; applications for attaching a growing crop must specify when it will be fit to cut; the judgment-debtor may tend and harvest subject to court conditions, and the decree-holder may act with court permission and recover costs; the court may suspend execution or prohibit removal pending attachment.
Section 39. Provisions as to agricultural produce under attachment [Order 22, rule 39] Section 39(1) Where agricultural produce is attached, the court shall make such arrangements for the custody thereof as it may deem sufficient, and, for the purpose of enabling the court to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered. Section 39(2) Subject to such conditions as may be imposed by the court in this behalf, either in the order of attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do all or any of such acts the decree-holder may, with the permission of the court and subject to the like conditions, do all or any of them either by himself or by any person appointed by him in this behalf, and the costs incurred by the decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the decree. Section 39(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been severed from the soil. Section 39(4) Where an order for the attachment of a growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the court may suspend the execution of the order for such time as it thinks fit, and may in its discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment. - 4
4. Procedure where court desires that its own decree shall be executed by another court [Order 22, rule 4]
AI-assisted research summary: If a court desires that its own decree be executed by another court, the provision addresses the procedure.
Section 4. Procedure where court desires that its own decree shall be executed by another court [Order 22, rule 4] Section a copy of the decree; - 40
40. Attachment of share and other property not in possession of judgment-debtor [Order 22, rule 40]
AI-assisted research summary: Prohibits transfer or receipt of dividends for shares and delivery of certain movable property to the judgment-debtor; allows the court to order seizure if possessor does not claim under rule 51.
Section 40. Attachment of share and other property not in possession of judgment-debtor [Order 22, rule 40] Section 40(1) In the case of— Section 40(1)(a) a share in the capital of a corporation; or Section 40(1)(b) other movable property not in the possession of the judgment-debtor, Section 40(1)(i) in the case of the share, the person in whose name the share may be standing from transferring the same or receiving any dividend thereon; or Section 40(1)(ii) in the case of the other movable property except as aforesaid, the person in possession of the same from giving it over to the judgment-debtor. Section 40(2) A copy of such order shall be affixed on some conspicuous part of the precincts of the court, and another copy shall be sent, in the case of the share, to the proper officer of the corporation, and, in the case of the other movable property (except as aforesaid) to the person in possession of the same. Section 40(3) If the person in possession of the movable property does not lay claim to such property under rule 51, the court may make an order for actual seizure of the property as if it were in the possession of the judgment-debtor. - 41
41. Attachment of share in movables [Order 22, rule 41]
AI-assisted research summary: If the property to be attached is the judgment‑debtor's share in jointly owned movable property, the judgment‑debtor is prohibited from transferring or charging that share and attachment is effected by a notice to the judgment‑debtor.
Section 41. Attachment of share in movables [Order 22, rule 41] Section Where the property to be attached consists of the share or interest of the judgment-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share or interest or charging it in any way. - 42
42. Attachment of salary or allowance [Order 22, rule 42]
AI-assisted research summary: The court may order amounts to be withheld from a judgment-debtor's salary or allowance, and the person who pays that salary must withhold and remit the ordered amounts on notice.
Section 42. Attachment of salary or allowance [Order 22, rule 42] Section 42(1) Where the property to be attached is any salary or periodical allowance payable to the judgment-debtor by any person, the court, whether the judgment-debtor or the person by whom such salary or allowance is payable is or is not within the local limits of the court’s jurisdiction, may order that the amount shall, subject to the provisions of section 44 of the Act, be withheld from such salary or allowance either in one payment or by monthly instalments as the court may direct; and upon notice of the order to the person by whom such salary or allowance is payable such person shall withhold and remit to the court or, if the court by the order so directs, to the advocate for the judgment-creditor, the amount due under the order or each or any monthly instalment, as the case may be. Section 42(2) Where the attachable proportion of such salary or allowance is already being withheld and remitted in pursuance of a previous and unsatisfied order of attachment the person by whom such salary or allowance is payable shall retain every subsequent order and, upon satisfaction of such previous and unsatisfied order, shall withhold and remit the attachable proportion of the salary or allowance in accordance with the terms of the order next received by him. Section 42(3) Subject to subrule (2), every order made under this rule shall, without further notice or other process, be binding on the person by whom such salary or allowance is payable while the judgment-debtor is in Kenya and also while the judgment-debtor is outside Kenya if he is in receipt of any such salary or allowance payable by such person; and the person by whom such salary or allowance is payable shall be liable for any sum paid in contravention of this rule. - 43
43. Attachment of partnership property [Order 22, rule 43]
AI-assisted research summary: The court may, on application by a decree-holder against a partner, charge that partner's interest in partnership property and profits, appoint a receiver, direct accounts, and order sale; other partners may redeem the charged interest or buy it if sold.
Section 43. Attachment of partnership property [Order 22, rule 43] Section 43(1) Save as otherwise provided by this rule, property belonging to a partnership shall not be attached or sold in execution of a decree other than a decree passed against the firm or against the partners in the firm as such. Section 43(2) The court may, on the application of the holder of a decree against a partner, make an order charging the interest of such partner in the partnership property and profits with payment of the amount due under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner in the profits (whether already declared or accruing), and of any other money which may be coming to him in respect of the partnership, and direct accounts and inquiries and make an order for the sale of such interest or other orders as might have been directed or made if a charge had been made in favour of the decree-holder by such partner, or as the circumstances of the case may require. Applications under this subrule shall be in accordance with the provisions of section 27 of the Partnership Act (Cap. 29). Section 43(3) The other partner or partners shall be at liberty at any time to redeem the interest charged, or, in the case of a sale being directed, to purchase the same. Section 43(4) Every application for an order under subrule (2) shall be served on the judgment-debtor and on his partners or such of them as are within Kenya. Section 43(5) Every application made by any partner of the judgment-debtor under subrule (3) shall be served on the decree-holder and on the judgment-debtor, and on such of the other partners as do not join in the application and as are within Kenya. Section 43(6) Service under subrule (4) or (5) shall be deemed to be service on all the partners, and all orders made on such applications shall be similarly served. - 44
44. Execution of decree against firm [Order 22, rule 44]
AI-assisted research summary: Where a decree has been passed against a firm, the decree-holder may apply to the court for leave to execute the decree against persons not already treated as partners; execution may be granted against partnership property, certain persons who have appeared or admitted partnership, or persons served individually (other than infants).
Section 44. Execution of decree against firm [Order 22, rule 44] Section 44(1) Where a decree has been passed against a firm, execution may be granted— Section 44(1)(a) against any property of the partnership; Section 44(1)(b) against any person who has appeared in his own name under rules 6 or 7 of Order 30 or who has admitted on the pleadings, that he is, or who has been adjudged to be, a partner; or Section 44(1)(c) against any person other than an infant who has been individually served as a partner with the summons and has failed to appear. Section 44(2) Where the decree-holder claims to be entitled to cause the decree to be executed against any person other than such a person as is referred to in subrules (1) (b) and (1) (c) as being a partner in the firm, he may apply to the court which passed the decree for leave, and, where the liability is not disputed, such court may grant such leave, or, where such liability is disputed, may order that the liability of such person be tried and determined in any manner in which any issue in a suit may be tried and determined. Section 44(3) Where the liability of any person has been tried and determined under subrule (2), the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. Section 44(4) Save as against any property of the partnership, a decree against a firm shall not release, render liable, or otherwise affect any partner therein unless he has been served with a summons to appear. - 45
45. Attachment of negotiable instrument [Order 22, rule 45]
AI-assisted research summary: If the property to be attached is a negotiable instrument not deposited in court or in the custody of a public officer, the attachment must be made by actual seizure and the instrument must be brought into court and held subject to further orders of the court.
Section 45. Attachment of negotiable instrument [Order 22, rule 45] Section Where the property to be attached is a negotiable instrument not deposited in a court nor in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought into court and held subject to further orders of the court. - 46
46. Attachment of property in custody of court [Order 22, rule 46]
AI-assisted research summary: the attachment shall be made by a notice to such court requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which the notice is issued
Section 46. Attachment of property in custody of court [Order 22, rule 46] Section Where the property to be attached is in the custody of any court, the attachment shall be made by a notice to such court requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which the notice is issued:Provided that, where such property is in the custody of a court, any question of title or priority arising between the decree-holder and any other person, not being the judgment-debtor, claiming to be interested in such property by virtue of any assignment or otherwise, shall be determined by such court. - 47
47. Attachment of decree [Order 22, rule 47]
AI-assisted research summary: Rules for attachment when the property to be attached is a decree: courts must attach decrees passed by the same court by order; when decrees come from another court the court which passed the decree must issue a notice to the other court to stay execution unless the notice is cancelled or the holder or judgment-debtor applies; courts must execute attached decrees and apply net proceeds when ordered or on application; holders are entitled to execute attached decrees; holders must provide information and aid; courts must notify judgment-debtors and courts must not recognise payments made after notice while attachment is in force.
Section 47. Attachment of decree [Order 22, rule 47] Section 47(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made— Section 47(1)(a) if the decrees were passed by the same court, then by order of such court; and Section 47(1)(b) if the decree sought to be attached was passed by another court, then by the issue to such other court of a notice by the court which passed the decree sought to be executed, requesting such other court to stay the execution of its decree unless and until— Section 47(1)(b) the court which passed the decree sought to be executed cancels the notice; or Section 47(1)(b)(i) the court which passed the decree sought to be executed cancels the notice; or Section 47(1)(b)(ii) the holder of the decree sought to be executed or his judgment-debtor applies to the court receiving such notice to execute its own decree. Section 47(2) Where a court makes an order under subrule (1) (a), or receives an application under subrule (1) (b) (ii), it shall, on the application of the creditor who has attached the decree of his judgment- debtor proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed. Section 47(3) The holder of a decree sought to be executed by the attachment of another decree of the nature specified in subrule (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner lawful for the holder thereof. Section 47(4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in subrule (1), the attachment shall be made by a notice, by the court which passed the decree sought to be executed to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other court, also by sending to such other court a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the court from which it was sent. Section 47(5) The holder of a decree attached under this rule shall give to the court executing the decree such information and aid as may be required. Section 47(6) On the application of the holder of a decree sought to be executed by the attachment of another decree, the court making an order of attachment under this rule shall give notice of such order to the judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment-debtor in contravention of such order after receipt of notice thereof, either through the court or otherwise, shall be recognised by any court so long as the attachment remains in force. - 48
48. Attachment of immovable property [Order 22, rule 48]
AI-assisted research summary: When immovable property is attached, an order prohibits the judgment-debtor from transferring or charging the property and prohibits all persons from taking benefit from such transfers; the attachment becomes complete and effective upon registration of a copy of the prohibitory order or inhibition against the title.
Section 48. Attachment of immovable property [Order 22, rule 48] Section 48(1) Where the property to be attached is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such purported transfer or charge, and the attachment shall be complete and effective upon registration of a copy of the prohibitory order or inhibition against the title to the property. Section 48(2) A copy of the order shall be affixed on a conspicuous part of the property. - 49
49. Removal of attachment after satisfaction of decree [Order 22, rule 49]
AI-assisted research summary: If the amount decreed with costs and all charges and expenses resulting from the attachment of any property are paid into court, or satisfaction of the decree is otherwise made through the court or is certified by the court.
Section 49. Removal of attachment after satisfaction of decree [Order 22, rule 49] Section the amount decreed with costs and all charges and expenses resulting from the attachment of any property are paid into court, or satisfaction of the decree is otherwise made through the court or is certified by the court; or - 5
5. Court receiving copies of decree to file same without proof [Order 22, rule 5]
AI-assisted research summary: A court that receives copies of a decree must file those copies and certificates without requiring further proof, unless it records special reasons and requires proof.
Section 5. Court receiving copies of decree to file same without proof [Order 22, rule 5] Section The court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the court, for any special reasons to be recorded under the hand of the judge, requires such proof. - 50
50. Determination of attachment [Order 22, rule 50]
AI-assisted research summary: If the court cannot proceed with execution because of the decree-holder’s default, it must either dismiss the application or adjourn the proceedings to a future date; on dismissal the attachment ends.
Section 50. Determination of attachment [Order 22, rule 50] Section Where any property has been attached in execution of a decree, but by reason of the decree-holder’s default the court is unable to proceed further with the application for execution, it shall either dismiss the application or for any sufficient reason adjourn the proceedings to a future date and upon the dismissal of such application the attachment shall cease. - 51
51. Objection to attachment [Order 22, rule 51]
AI-assisted research summary: A person claiming an interest in property attached under a decree may give written notice of objection to the court, parties and decree-holder prior to payment out; that notice must be accompanied by an affidavit-supported application describing the claim and must be served on all parties within seven days of filing.
Section 51. Objection to attachment [Order 22, rule 51] Section 51(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole of or part of any property attached in execution of a decree may at any time prior to payment out of the proceeds of sale of such property give notice in writing to the court and to all the parties and to the decree-holder of his objection to the attachment of such property. Section 51(2) Such notice shall be accompanied by an application supported by affidavit and shall set out in brief the nature of the claim which such objector or person makes to the whole or portion of the property attached. Section 51(3) Such notice of objection and application shall be served within seven days from the date of filing on all the parties. - 52
52. Stay of execution [Order 22, rule 52]
AI-assisted research summary: The court may order a stay of execution for up to fourteen days after a valid notice and application; the court must notify the attaching creditor in writing and the creditor must, within seven days, intimate whether they will proceed with the attachment and execution.
Section 52. Stay of execution [Order 22, rule 52] Section Upon receipt of a valid notice and application as provided under rule 51, the court may order a stay of the execution for not more than fourteen days and shall call upon the attaching creditor by notice in writing to intimate to the court and to all the parties in writing within seven days whether he proposes to proceed with the attachment and execution thereunder wholly or in part. - 53
53. Raising of attachment [Order 22, rule 53]
AI-assisted research summary: If the attaching creditor fails to reply or notifies the court and objector that he will not proceed within the period prescribed by the notice, the court must raise the attachment (as to the whole or part) in accordance with that intimation and may make such order as to costs as it deems fit.
Section 53. Raising of attachment [Order 22, rule 53] Section Should the attaching creditor in pursuance of a notice issued under rule 52 either fail to reply to the court and the objector within the period prescribed by the notice or intimate in writing to the court and the objector within the period prescribed by such notice that he does not propose to proceed with the execution of the attachment of the whole or of a portion of the property subject to the attachment, the court shall make an order raising the attachment as to the whole or a portion of the property subject to the attachment in accordance with the intimation received from the attaching creditor and shall make such order as to costs as it shall deem fit. - 54
54. Notice of intention to proceed [Order 22, rule 54]
AI-assisted research summary: If an attaching creditor intends to proceed with attachment under rule 52, the intimation must be accompanied by a replying affidavit; the court must hear the application expeditiously.
Section 54. Notice of intention to proceed [Order 22, rule 54] Section If the attaching creditor proposes to proceed with the attachment pursuant to rule 52, the intimation shall be accompanied by a replying affidavit and the court shall proceed to hear the application expeditiously. - 55
55. Power to order property attached to be sold and proceeds to be paid to person entitled [Order 22, rule 55]
AI-assisted research summary: A court executing a decree may order attached property liable to sale to be sold, and the proceeds (or a sufficient portion) must be paid to the party entitled under the decree.
Section 55. Power to order property attached to be sold and proceeds to be paid to person entitled [Order 22, rule 55] Section Any court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same. - 56
56. Sale, by whom conducted and how made [Order 22, rule 56]
AI-assisted research summary: Sales in execution of a decree must be conducted by an officer of the court or by a person the court appoints, and must be made by public auction in the prescribed manner; courts executing decrees may order payment of charges for attachment or sale and enforce that payment.
Section 56. Sale, by whom conducted and how made [Order 22, rule 56] Section 56(1) Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the court may appoint in this behalf, and shall be made by public auction in the manner prescribed. Section 56(2) Any court executing a decree may make orders relating to the payment of the charges for attaching the property or conducting the sale of the property and for the enforcement of such payment. - 57
57. Notification of sale by public auction [Order 22, rule 57]
AI-assisted research summary: When property is ordered sold by public auction in execution of a decree, the court must give public notice and advertise the intended sale.
Section 57. Notification of sale by public auction [Order 22, rule 57] Section 57(1) Where any property is ordered to be sold by public auction in execution of a decree, the court shall cause public notice and advertisement of the intended sale to be given in such manner as the court may direct. Section 57(2) Such public notice shall be drawn up after notice to the decree-holder and the judgment-debtor, and shall state the time and place of sale, and specify as fairly and accurately as possible— Section 57(2)(a) the property to be sold; Section 57(2)(b) any encumbrance to which the property is liable; Section 57(2)(c) the amount for the recovery of which the sale is ordered; and Section 57(2)(d) every other thing which the court considers material for a purchaser to know in order to judge the nature and value of the property: Section 57(3) Every application for an order for sale under this rule shall be accompanied by a statement signed in the manner hereinbefore prescribed for the signing of pleadings and containing, so far as they are known to or can be ascertained by the person so signing, the matters required by subrule (2) to be specified in the public notice. Section 57(4) For the purpose of ascertaining the matters to be specified in the public notice, the court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto. Section 57(5) Directions shall be given as to the mode and expense of advertising the sale, which expense shall be costs of the sale. Section 57(6) The advertisement shall be in Form No. 15 of Appendix A. - 58
58. Time of sale [Order 22, rule 58]
AI-assisted research summary: A sale under this section shall not take place without the judgment-debtor's written consent until at least 30 days for immovable property or 15 days for movable property after the public notice is affixed.
Section 58. Time of sale [Order 22, rule 58] Section Save in the case of property of the kind described in the proviso to rule 37, no sale hereunder shall without the consent in writing of the judgment-debtor, take place until after the expiration of at least thirty days in the case of immovable property, and of at least fifteen days in the case of movable property, calculated from the date on which the copy of the public notice has been affixed in the precincts of the court of the judge ordering the sale. - 59
59. Adjournment or stoppage of sale [Order 22, rule 59]
AI-assisted research summary: The court may adjourn a sale to a specified day and hour; the officer conducting the sale may also adjourn it and must record his reasons.
Section 59. Adjournment or stoppage of sale [Order 22, rule 59] Section 59(1) The court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:Provided that where the sale is made in, or within the precincts of the court, no such adjournment shall be made without leave of the court. Section 59(2) Where a sale is adjourned under subrule (1) for a longer period than seven days, fresh public notice shall be given, unless the judgment-debtor consents to waive it. Section 59(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the court which ordered the sale. - 6
6. Application for execution [Order 22, rule 6]
AI-assisted research summary: A holder of a decree must apply for execution to the court that passed the decree or, if it was sent to another court, to that court or its proper officer, and applications must follow Form No. 14 of Appendix A.
Section 6. Application for execution [Order 22, rule 6] Section Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court, then to such court or to the proper officer thereof; and applications under this rule shall be in accordance with Form No. 14 of Appendix A:Provided that, where judgment in default of appearance or defence has been entered against a defendant, no execution by payment, attachment or eviction shall issue unless not less than ten days notice of the entry of judgment has been given to him either at his address for service or served on him personally, and a copy of that notice shall be filed with the first application for execution. - 60
60. Defaulting purchaser answerable for loss on re-sale [Order 22, rule 60]
AI-assisted research summary: If a purchaser defaults and a re-sale causes a price deficiency and expenses, those amounts must be certified to the court by the officer holding the sale and are recoverable from the defaulting purchaser; either the decree-holder or the judgment-debtor may seek recovery.
Section 60. Defaulting purchaser answerable for loss on re-sale [Order 22, rule 60] Section Any deficiency of price which may happen on a re-sale by reason of the purchaser’s default, and all expenses attending such re-sale, shall be certified to the court by the officer or other person holding the sale, and shall, at the instance of either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money. - 61
61. Decree-holder not to bid for or buy property without permission [Order 22, rule 61]
AI-assisted research summary: Decree-holders must not bid for or buy property sold in execution without the express permission of the court.
Section 61. Decree-holder not to bid for or buy property without permission [Order 22, rule 61] Section 61(1) No holder of a decree in execution of which property is sold shall, without the express permission of the court, bid for or purchase the property. Section 61(2) Where a decree-holder purchases with such permission, the purchase money and the amount due on the decree may, subject to section 50 of the Act, be set off against one another, and the court executing the decree shall enter up satisfaction of the decree in whole or in part accordingly. Section 61(3) Where a decree-holder purchases, by himself or through another person, without such permission, the court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale, and all expenses attending it, shall be paid by the decree-holder. - 62
62. Restriction on bidding or purchase by officers [Order 22, rule 62]
AI-assisted research summary: Officers or other persons with duties related to a sale must not, directly or indirectly, bid for, acquire or attempt to acquire any interest in the property being sold.
Section 62. Restriction on bidding or purchase by officers [Order 22, rule 62] Section No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly bid for, acquire or attempt to acquire, any interest in the property sold. - 63
63. Negotiable instruments and shares in corporations [Order 22, rule 63]
AI-assisted research summary: If the property to be sold is a negotiable instrument or a share in a corporation, the court may authorise the sale of that instrument or share through a broker instead of ordering a public auction.
Section 63. Negotiable instruments and shares in corporations [Order 22, rule 63] Section Where the property to be sold is a negotiable instrument or a share in a corporation, the court may, instead of directing the sale to be by public auction, authorise the sale of such instrument or share through a broker. - 64
64. Sales by public auction [Order 22, rule 64]
AI-assisted research summary: When purchase money is paid, the officer or other person holding the sale must grant a receipt; the price of each lot must be paid at the time of sale or as the officer directs, and failure to pay causes immediate re-sale.
Section 64. Sales by public auction [Order 22, rule 64] Section 64(1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale, or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be re-sold. Section 64(2) On payment of the purchase money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute. Section 64(3) Where the movable property to be sold is a share in goods belonging to the judgment-debtor and a co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner. - 65
65. Irregularity not to vitiate sale, but any person injured may sue [Order 22, rule 65]
AI-assisted research summary: An injured person may sue the person who caused the injury for compensation, or if the injured person is the purchaser, may sue for recovery of the specific property and compensation if recovery fails.
Section 65. Irregularity not to vitiate sale, but any person injured may sue [Order 22, rule 65] Section No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute a suit against him for compensation, or (if such person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery. - 66
66. Delivery of movable property, debts and shares [Order 22, rule 66]
AI-assisted research summary: Rules for delivering movable property, debts and shares: seized movable property must be delivered to the purchaser; delivery of movable property held by a third person is effected by giving notice ordering delivery; delivery of shares is by written court order prohibiting transfers or payments except to the purchaser; a judge or registrar may execute or endorse transfer documents; the court may appoint someone to receive dividends or interest and receipts so signed are valid.
Section 66. Delivery of movable property, debts and shares [Order 22, rule 66] Section 66(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser. Section 66(2) Where the property sold is movable property in the possession of some person other than the judgment-debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in possession ordering him to deliver possession of the property to the purchaser. Section 66(3) Where the property sold is a share in a company, the delivery thereof shall be made by a written order of the court prohibiting the person in whose name the share may be standing from making any transfer of the share to any person except the purchaser, or receiving payment of any dividend or interest thereon, and the manager, secretary or other proper officer of the company from permitting any such transfer or making any such payment to any person except the purchaser. Section 66(4) Where the execution of a document or the endorsement of the party in whose name a negotiable instrument or share in a company is standing is required to transfer such negotiable instrument or share, the judge or registrar may execute such document or make such endorsement as may be necessary, and such execution or endorsement shall have the same effect as an execution or endorsement by that party. Section 66(5) An execution or endorsement under subrule (4) may adopt the following forms of words—A.B. by C.D. judge of the court of (or as the case may be) in suit No. of 20 by E.F. against A.B. Section 66(6) Until the transfer of such negotiable instrument or share, the court may appoint in writing some person to receive any interest or dividend due thereon and to sign a receipt therefor, and any receipt so signed shall be valid and effective for all purposes. - 67
67. Vesting order in case of other property [Order 22, rule 67]
AI-assisted research summary: The court may order that movable property not otherwise provided for be vested in the purchaser or as the purchaser is directed.
Section 67. Vesting order in case of other property [Order 22, rule 67] Section In the case of any movable property not hereinbefore provided for, the court may make an order vesting such property in the purchaser, or as he may direct, and such property shall vest accordingly. - 68
68. Sale of immovable property [Order 22, rule 68]
AI-assisted research summary: Sale of immovable property in execution of decrees may be ordered by any court.
Section 68. Sale of immovable property [Order 22, rule 68] Section Sale of immovable property in execution of decrees may be ordered by any court. - 69
69. Deposit by purchaser and re-sale on default [Order 22, rule 69]
AI-assisted research summary: The purchaser must pay a deposit of twenty-five per cent of the purchase-money immediately after declaration; if the decree-holder is purchaser and entitled to set off under rule 61, the court may dispense with this rule.
Section 69. Deposit by purchaser and re-sale on default [Order 22, rule 69] Section 69(1) On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-fiveper centumon the amount of his purchase- money to the officer or other person conducting the sale, and, in default of such deposit, the property shall forthwith be re-sold. Section 69(2) Where the decree-holder is the purchaser, and is entitled to set off the purchase-money under rule 61, the court may dispense with the requirements of this rule. - 7
7. Oral and written applications [Order 22, rule 7]
AI-assisted research summary: Applications for execution of a decree must be in writing and signed and must contain specific particulars; the court may, when a decree orders payment, on an oral application at the time of passing, order immediate execution by arrest if the judgment-debtor is within the precincts of the court.
Section 7. Oral and written applications [Order 22, rule 7] Section 7(1) Where a decree is for the payment of money the court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant, if he is within the precincts of the court. Section 7(2) Save as otherwise provided by subrule (1) or by any other enactment or rule, every application for the execution of a decree shall be in writing, signed by the applicant or his advocate or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars— Section 7(2)(a) the number of the suit; Section 7(2)(b) the names of the parties; Section 7(2)(c) the date of the decree; Section 7(2)(d) whether any appeal has been preferred from the decree; Section 7(2)(e) whether any, and, if any, what payment or other adjustment of the matter in controversy has been made between the parties subsequent to the decree; Section 7(2)(f) whether any, and if any, what previous applications have been made for the execution of the decree, the dates of such applications, and their results; Section 7(2)(g) the amount with interest, if any, due upon the decree, or other relief granted thereby, together with particulars of any cross- decree, whether passed before or after the date of the decree sought to be executed; Section 7(2)(h) the amount of the costs, if any, awarded; Section 7(2)(i) the name of the person against whom execution of the decree is sought; and Section 7(2)(j) the mode in which the assistance of the court is required, whether— Section 7(2)(j) by the delivery of any property specifically decreed; Section 7(2)(j)(i) by the delivery of any property specifically decreed; Section 7(2)(j)(ii) by the attachment and sale of any immovable property, or by the sale without attachment or by proclamation and sale immovable property; Section 7(2)(j)(iii) by the arrest and detention in prison of any person; Section 7(2)(j)(iv) by the appointment of a receiver; Section 7(2)(j)(v) otherwise, as the nature of the relief granted may require. Section 7(3) The court to which an application is made under subrule (2) may require the applicant to produce a certified copy of the decree.[L.N. 22/2020, r. 19.] - 70
70. Payment of purchase-money [Order 22, rule 70]
AI-assisted research summary: Purchase-money must be paid in full on delivery of an executed conveyance or transfer; purchase money must be paid into court unless the court orders otherwise.
Section 70. Payment of purchase-money [Order 22, rule 70] Section 70(1) Except as provided by rule 61, the full amount of the purchase-money shall be paid upon the delivery to the purchaser of an executed conveyance or transfer of the property. Section 70(2) The purchase money shall be paid into court unless the court otherwise orders. - 71
71. Procedure in default of payment [Order 22, rule 71]
AI-assisted research summary: If payment is not made within the period under rule 70, the court may (if it thinks fit, after defraying sale expenses) forfeit the deposit; the defaulting purchaser shall forfeit all claim to the property or any part of the sum for which it may later be sold.
Section 71. Procedure in default of payment [Order 22, rule 71] Section In default of payment within the period under rule 70, the deposit may, if the court thinks fit, after defraying the expenses of the sale, be forfeited and shall if forfeited be allocated towards satisfaction of the decree, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold. - 72
72. Notification on re-sale [Order 22, rule 72]
AI-assisted research summary: If the purchase-money has not been paid within the allowed period, any re-sale of the immovable property must be made only after issuing a fresh public notification in the prescribed manner and period.
Section 72. Notification on re-sale [Order 22, rule 72] Section Every re-sale of immovable property, in default of payment of the purchase-money within the period allowed for such payment, shall be made after the issue of a fresh public notification in the manner and for the period hereinbefore prescribed for the sale. - 73
73. Bid of co-sharer to have preference [Order 22, rule 73]
AI-assisted research summary: If the property sold is an undivided share and two or more persons (one being a co-sharer) bid the same sum for it or for any lot, the bid is deemed to be the bid of the co-sharer.
Section 73. Bid of co-sharer to have preference [Order 22, rule 73] Section Where the property sold is a share of undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer. - 74
74. Application to set aside sale on deposit [Order 22, rule 74]
AI-assisted research summary: A person who owned or had title before an execution sale may apply to set aside the sale by depositing in court specified sums: 10% of the purchase-money to the purchaser and the amount specified in the public notification (less amounts later received) to the decree-holder; a person who applies under rule 75 cannot apply under this rule unless he withdraws that application; the judgment-debtor remains liable for costs and interest not covered by the public notification of sale.
Section 74. Application to set aside sale on deposit [Order 22, rule 74] Section 74(1) Where immovable property has been sold in execution of a decree, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale, may apply to have the sale set aside on his depositing in court— Section 74(1)(a) for payment to the purchaser, a sum equal to ten per cent of the purchase-money; and Section 74(1)(b) for payment to the decree-holder, the amount specified in the public notification of sale as that for the recovery of which the sale was ordered, less any amount which may since the date of such public notification of sale have been received by the decree-holder. Section 74(2) Where a person applies under rule 75 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule. Section 74(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the public notification of sale. - 75
75. Application to set aside sale on ground of irregularity or fraud [Order 22, rule 75]
AI-assisted research summary: When immovable property is sold in execution of a decree, the decree-holder or any person affected may apply to court to set aside the sale for material irregularity or fraud; but the court shall not set aside a sale unless satisfied on the facts that the applicant sustained substantial injury from the irregularity or fraud.
Section 75. Application to set aside sale on ground of irregularity or fraud [Order 22, rule 75] Section Where any immovable property has been sold in execution of a decree, the decree-holder, or any person whose interests are affected by the sale, may apply to the court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it:Provided that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved the court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud. - 76
76. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest [Order 22, rule 76]
AI-assisted research summary: A purchaser at a sale in execution of a decree may apply to the court to set aside the sale if the judgment-debtor had no saleable interest in the property sold.
Section 76. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest [Order 22, rule 76] Section The purchaser at any such sale in execution of a decree may apply to the court to set aside the sale on the ground that the judgment-debtor had no saleable interest in the property sold. - 77
77. Sale, when to become absolute or be set aside [Order 22, rule 77]
AI-assisted research summary: The court must confirm the sale when no allowable application under rules 74–76 is made (making the sale absolute as to the judgment-debtor); if an application is allowed and, for rule 74, the required deposit is paid within thirty days and notice given to affected persons, the court must set aside the sale; no person against whom an order under this rule is made may bring a suit to set it aside.
Section 77. Sale, when to become absolute or be set aside [Order 22, rule 77] Section 77(1) Where no application is made under rule 74, rule 75 or rule 76, or where such application is made and disallowed, the court shall make an order confirming the sale, and thereupon the sale shall become absolute in so far as the interest of the judgment-debtor in the property sold is concerned. Section 77(2) Where such application is made and allowed and where, in the case of an application under rule 74, the deposit required by that rule is made within thirty days from the date of sale, the court shall make an order setting aside the sale:Provided that no order shall be made unless notice of the application has been given to all persons affected thereby. Section 77(3) No suit to set aside an order made under this rule shall be brought by any person against whom such order is made. - 78
78. Return of purchase-money in certain cases [Order 22, rule 78]
AI-assisted research summary: If a sale of immovable property is set aside under rule 75, the purchaser is entitled to an order for repayment of his purchase-money (with or without interest as the court may direct) against any person to whom it was paid.
Section 78. Return of purchase-money in certain cases [Order 22, rule 78] Section Where a sale of immovable property is set aside under rule 75, the purchaser shall be entitled to an order for payment of his purchase-money, with or without interest as the court may direct, against any person to whom it has been paid. - 79
79. Certificate to purchaser [Order 22, rule 79]
AI-assisted research summary: When a sale of immovable property becomes absolute, the court must grant a certificate naming the purchaser and specifying the property, and the certificate must show the date and day the sale became absolute.
Section 79. Certificate to purchaser [Order 22, rule 79] Section Where a sale of immovable property has become absolute, the court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser, and such certificate shall bear the date and the day on which the sale became absolute. - 8
8. Application for attachment of movable property not in judgment-debtor’s possession [Order 22, rule 8]
AI-assisted research summary: When an application is made to attach movable property not in the judgment-debtor's possession, the decree-holder must annex an inventory describing the property to the application.
Section 8. Application for attachment of movable property not in judgment-debtor’s possession [Order 22, rule 8] Section Where an application is made for the attachment of any movable property belonging to a judgment-debtor, but not in his possession, the decree-holder shall annex to the application an inventory of the property to be attached, containing a reasonably accurate description of the same. - 80
80. Delivery of property in occupancy of judgment-debtor [Order 22, rule 80]
AI-assisted research summary: If immovable property sold is occupied by the judgment-debtor (or related persons) and a certificate under rule 79 exists, the court must, on the purchaser's application, order delivery by placing the purchaser (or their appointee) in possession and, if necessary, removing anyone who refuses to vacate.
Section 80. Delivery of property in occupancy of judgment-debtor [Order 22, rule 80] Section Where the immovable property sold is in the occupancy of the judgment-debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such property, and a certificate in respect thereof has been granted under rule 79, the court shall, on the application of the purchaser, order delivery to be made by putting such purchaser, or any person whom he may appoint to receive delivery on his behalf, in possession of the property, and, if need be, by removing any person who refuses to vacate the same. - 81
81. Delivery of property in occupancy of tenant [Order 22, rule 81]
AI-assisted research summary: If a sold property is occupied and a certificate under rule 79 has been granted, the court must, on the purchaser's application, order delivery by affixing the certificate of sale to the property and notifying the occupant that the judgment-debtor's interest has been transferred to the purchaser.
Section 81. Delivery of property in occupancy of tenant [Order 22, rule 81] Section Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under rule 79, the court shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property and notifying the occupant in such manner as the court may direct that the interest of the judgment-debtor has been transferred to the purchaser. - 82
82. Resistance or obstruction to possession of immovable property [Order 22, rule 82]
AI-assisted research summary: If a decree-holder or purchaser is resisted in taking possession of immovable property, they may apply to court; the court must set a day to investigate and summon the opposing party to appear and answer.
Section 82. Resistance or obstruction to possession of immovable property [Order 22, rule 82] Section 82(1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the court complaining of such resistance or obstruction. Section 82(2) The court shall fix a day for investigating the matter and shall summon the party against whom the application is made to appear and answer the same.
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