Civil Procedure Rules

Part 2 of 4 · provisions 201–400

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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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 151 of 2010
Version: Undated source snapshot
Language: en
Complete work: View statute overview

Source attribution: Source: Kenya Law

Statute overview

About this statute

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

Showing 200 of 621

83
83. Resistance or obstruction by judgment-debtor [Order 22, rule 83]

AI-assisted research summary: If the court finds resistance or obstruction without just cause by the judgment-debtor (or someone at his instigation), it must direct that the applicant be given possession; if the applicant is still resisted, the court may order detention in prison for up to thirty days.

Section 83. Resistance or obstruction by judgment-debtor [Order 22, rule 83] Section Where the court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor, or by some other person at his instigation, it shall direct that the applicant be put into possession of the property, and, where the applicant is still resisted or obstructed in obtaining possession, the court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation, to be detained in prison for a period not exceeding thirty days.
84
84. Resistance or obstruction bybona fideclaimant [Order 22, rule 84]

AI-assisted research summary: If someone (other than the judgment-debtor) who in good faith claims possession of the property resists or obstructs, the court must make such orders as it deems just.

Section 84. Resistance or obstruction bybona fideclaimant [Order 22, rule 84] Section Where the court is satisfied that the resistance or obstruction was occasioned by any person (other than the judgment-debtor) claiming in good faith to be in possession of the property on his own account or on account of some person other than the judgment-debtor, the court shall make such orders as it may deem just.
85
85. Rules not applicable to transfereependente lite[Order 22, rule 85]

AI-assisted research summary: Rule 84 does not apply to resistance or obstruction in execution of a possession decree by a person who received the property from the judgment-debtor after the suit began, or to dispossession of such a person.

Section 85. Rules not applicable to transfereependente lite[Order 22, rule 85] Section Nothing in rule 84 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person.
86
86. Order conclusive subject to regular suit [Order 22, rule 86]

AI-assisted research summary: A party (who is not the judgment-debtor) against whom an order under rule 83 or 84 is made may bring a suit to establish the right to current possession of the property, but the order remains conclusive subject to the suit's result.

Section 86. Order conclusive subject to regular suit [Order 22, rule 86] Section Any party not being a judgment-debtor against whom an order is made under rule 83 or rule 84, may institute a suit to establish the right which he claims to the present possession of the property; but, subject to the result of such suit, if any, the order shall be conclusive.
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9. Application for attachment of immovable property to contain certain particulars [Order 22, rule 9]

AI-assisted research summary: An application for attachment of immovable property must include a description sufficient to identify the property and, where identifiable by boundaries or government record numbers, a specification of those boundaries or numbers.

Section 9. Application for attachment of immovable property to contain certain particulars [Order 22, rule 9] Section a description of such property sufficient to identify the same, and, in case such property can be identified by boundaries, or numbers in Government records or surveys, a specification of such boundaries or numbers; and
1
1. Order for the attachment of debts [Order 23, rule 1]

AI-assisted research summary: A court may, on ex parte application by a decree-holder and affidavit stating an unsatisfied decree and that a third person (garnishee) owing debts to the judgment-debtor is within the jurisdiction, order that all debts (other than certain salary or allowance) owing from the garnishee to the judgment-debtor be attached to satisfy the decree and costs, and may order the garnishee to appear to show cause why he should not pay the debt to the decree-holder.

Section 1. Order for the attachment of debts [Order 23, rule 1] Section 1(1) A court may, upon theex parteapplication of a decree-holder, and either before or after an oral examination of the judgment-debtor, and upon affidavit by the decree-holder or his advocate, stating that a decree has been issued and that it is still unsatisfied and to what amount, and that another person is indebted to the judgment-debtor and is within the jurisdiction, order that all debts (other than the salary or allowance coming within the provisions of Order 22, rule 42 owing from such third person (hereinafter called the “garnishee”) to the judgment-debtor shall be attached to answer the decree together with the costs of the garnishee proceedings; and by the same or any subsequent order it may be ordered that the garnishee shall appear before the court to show cause why he should not pay to the decree- holder the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree together with the costs aforesaid. Section 1(2) At least seven days before the day of hearing the ordernisishall be served on the garnishee, and, unless otherwise ordered, on the judgment-debtor. Section 1(3) Service on the judgment-debtor may be made either at the address for service if the judgment-debtor has appeared in the suit and given an address for service, or on his advocate if he has appeared by advocate, or if there has been no appearance then by leaving the order at his usual residence or place of business or in such manner as the court may direct. Section 1(4) An ordernisishall be in Form No. 16 of Appendix A.
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10. Costs of proceedings [Order 23, rule 10]

AI-assisted research summary: The court has discretion to determine the costs of applications for attachment of debts and related proceedings; the decree-holder's costs are generally to be retained from money recovered under the garnishee order in priority to the decree amount unless otherwise directed.

Section 10. Costs of proceedings [Order 23, rule 10] Section The costs of any application for an attachment of debts and of any proceedings arising from or incidental to such application, shall be in the discretion of the court, and the costs of the decree-holder shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order, and in priority to the amount due under the decree.
2
2. Attachment of deposits [Order 23, rule 2]

AI-assisted research summary: Notice is required before any money is withdrawn.

Section 2. Attachment of deposits [Order 23, rule 2] Section that notice is required before any money is withdrawn;
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3. Effect of garnishee order [Order 23, rule 3]

AI-assisted research summary: Service of an order or notice to the garnishee binds the debts in the garnishee's hands.

Section 3. Effect of garnishee order [Order 23, rule 3] Section Service of an order that debts due to a judgment-debtor liable under a decree shall be attached, or notice thereof to the garnishee in such manner, as the court may direct, shall bind such debts in his hands.
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4. Execution against garnishee [Order 23, rule 4]

AI-assisted research summary: If the garnishee does not dispute the debt or does not appear at the hearing, the court may order execution against the garnishee’s person and goods to levy the amount due and costs; the order absolute shall be in Form No. 17 or 18 of Appendix A.

Section 4. Execution against garnishee [Order 23, rule 4] Section If the garnishee does not dispute the debt due or claimed to be due from him to the judgment-debtor, or, if he does not appear upon the day of hearing named in an ordernisi, then the court may order execution against the person and goods of the garnishee to levy the amount due from him, or so much thereof as may be sufficient to satisfy the decree, together with the costs of the garnishee proceedings; and the order absolute shall be in Form No. 17 or 18 of Appendix A, as the case may require.
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5. Trial of liability of garnishee [Order 23, rule 5]

AI-assisted research summary: If the garnishee disputes liability, the court may order that issues necessary to determine his indebtedness be tried and determined rather than ordering execution.

Section 5. Trial of liability of garnishee [Order 23, rule 5] Section If the garnishee disputes his liability, the court, instead of making an order that execution be levied, may order that any issue or question necessary for determining his indebtedness be tried and determined in the manner in which an issue or question in a suit is tried or determined.
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6. Claim of third person [Order 23, rule 6]

AI-assisted research summary: If, during proceedings to attach debts, the garnishee claims the debt belongs to a third person or that a third person has a lien or charge, the court may order that third person to appear and state the particulars of their claim.

Section 6. Claim of third person [Order 23, rule 6] Section Whenever in any proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the court may order such third person to appear, and state the nature and particulars of his claim upon such debt.
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7. Trial of claim of third person [Order 23, rule 7]

AI-assisted research summary: After hearing allegations, the court may order execution to levy amounts from the garnishee (including costs), may order issues to be tried, may bar a third person's claim, or may make other orders it thinks fit.

Section 7. Trial of claim of third person [Order 23, rule 7] Section After hearing the allegations of any third person under such order, as in rule 6 mentioned, or of any other person who by the same or any subsequent order the court may order to appear, or in case of such third person not appearing when ordered, the court may order execution for levying the amount due from the garnishee, together with the costs of the garnishee proceedings, or order any issue or question to be tried or determined according to the preceding rules of this Order, and may bar the claim of such third person or make such other order as the court shall think fit.
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8. Payment by or execution on the garnishee is a valid discharge [Order 23, rule 8]

AI-assisted research summary: Payment by, or execution levied upon, the garnishee discharges the garnishee against the judgment-debtor for the amount paid or levied.

Section 8. Payment by or execution on the garnishee is a valid discharge [Order 23, rule 8] Section Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment-debtor to the amount paid or levied, although such proceeding or order may be set aside or the decree reversed.
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9. Record of proceedings [Order 23, rule 9]

AI-assisted research summary: Proceedings under this Order must be filed on the record of the suit where the decree to be enforced was obtained.

Section 9. Record of proceedings [Order 23, rule 9] Section Proceedings under this Order shall be filed upon the record of the suit in which the decree sought to be enforced was obtained.
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1. No abatement by party’s death if right survives [Order 24, rule 1]

AI-assisted research summary: If the cause of action survives, the death of a plaintiff or defendant does not cause the suit to abate.

Section 1. No abatement by party’s death if right survives [Order 24, rule 1] Section The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues.
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10. Application of Order to execution proceedings [Order 24, rule 10]

AI-assisted research summary: Rules 3, 4 and 7 do not apply to proceedings in execution of a decree or order.

Section 10. Application of Order to execution proceedings [Order 24, rule 10] Section Nothing in rules 3, 4 and 7 shall apply to proceedings in execution of a decree or order.
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2. Procedure where one of several plaintiffs or defendants dies and right to sue survives [Order 24, rule 2]

AI-assisted research summary: If one of several plaintiffs or defendants dies and the cause of action survives to the survivors, the court must record that fact on the record.

Section 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives [Order 24, rule 2] Section Where there are more plaintiffs or defendants than one, and any one of them dies, and where the cause of action survives or continues to the surviving plaintiff or plaintiffs alone or against the surviving defendant or defendants alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
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3. Procedure in case of death of one of several plaintiffs or of sole plaintiff [Order 24, rule 3]

AI-assisted research summary: If a plaintiff dies, the court must, on application, make the deceased’s legal representative a party and continue the suit; if no application is made within one year the suit abates as to the deceased plaintiff and the defendant may apply for costs to be recovered from the deceased’s estate, and the court may extend the time for good reason.

Section 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff [Order 24, rule 3] Section 3(1) Where one of two or more plaintiffs dies and the cause of action does not survive or continue to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the cause of action survives or continues, the court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. Section 3(2) Where within one year no application is made under subrule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the court may award to him the costs which he may have incurred in defending the suit to be recovered from the estate of the deceased plaintiff:Provided the court may, for good reason on application, extend the time.
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4. Procedure in case of death of one of several defendants or of sole defendant [Order 24, rule 4]

AI-assisted research summary: If a defendant dies, the court must add the deceased's legal representative as a party and continue the suit when an application is made, and a person so added may defend as the deceased's representative.

Section 4. Procedure in case of death of one of several defendants or of sole defendant [Order 24, rule 4] Section 4(1) Where one of two or more defendants dies and the cause of action does not survive or continue against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the cause of action survives or continues, the court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. Section 4(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant. Section 4(3) Where within one year no application is made under subrule (1), the suit shall abate as against the deceased defendant.
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5. Determination of question as to legal representative [Order 24, rule 5]

AI-assisted research summary: If there is a question about who is the legal representative of a deceased plaintiff or defendant, the court decides it.

Section 5. Determination of question as to legal representative [Order 24, rule 5] Section Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff, or a deceased defendant, such question shall be determined by the court.
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6. When plaintiff’s bankruptcy bars suit [Order 24, rule 6]

AI-assisted research summary: If the trustee or official receiver neglects or refuses to continue a suit and to give security for costs within the time ordered, the defendant may apply to dismiss the suit and the court may dismiss it and award costs.

Section 6. When plaintiff’s bankruptcy bars suit [Order 24, rule 6] Section 6(1) The bankruptcy of a plaintiff in any suit which the trustee or official receiver might maintain for the benefit of his creditors shall not cause the suit to abate, unless such trustee or official receiver declines to continue the suit or (unless for any special reason the court otherwise directs) to give security for the costs thereof within such time as the court may direct. Section 6(2) Where the trustee or official receiver neglects or refuses to continue the suit, and to give such security within the time so ordered, the defendant may apply for the dismissal of the suit on the ground of the plaintiff’s bankruptcy, and the court may make an order dismissing the suit and awarding to the defendant the costs which he has incurred in defending the same to be proved as a debt against the plaintiff’s estate.
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7. Effect of abatement or dismissal [Order 24, rule 7]

AI-assisted research summary: Certain persons (the plaintiff, a person claiming to be the deceased plaintiff's legal representative, or a trustee/official receiver for a bankrupt plaintiff) may apply to revive a suit that has abated or to set aside an order of dismissal, and if they prove they were prevented by sufficient cause from continuing the suit the court shall revive the suit or set aside the dismissal on such terms as it thinks fit.

Section 7. Effect of abatement or dismissal [Order 24, rule 7] Section 7(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action. Section 7(2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the trustee or official receiver in the case of a bankrupt plaintiff may apply for an order to revive a suit which has abated or to set aside an order of dismissal; and, if it is proved that he was prevented by any sufficient cause from continuing the suit, the court shall revive the suit or set aside such dismissal upon such terms as to costs or otherwise as it thinks fit.
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8. Procedure in case of assignment before final order in suit [Order 24, rule 8]

AI-assisted research summary: During a pending suit, the suit may be continued by or against the person to whom an interest has come or devolved, with the court's leave.

Section 8. Procedure in case of assignment before final order in suit [Order 24, rule 8] Section 8(1) In other cases of an assignment, creation, or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or against the person to or upon whom such interest has come or devolved. Section 8(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of subrule (1).
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9. Application of Order to appeals [Order 24, rule 9]

AI-assisted research summary: In appeals under this Order, the words “plaintiff”, “defendant” and “suit” are to be read as including an appellant, a respondent and an appeal respectively.

Section 9. Application of Order to appeals [Order 24, rule 9] Section In the application of this Order to appeals, so far as may be, the word “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal.
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1. Withdrawal by plaintiff [Order 25, rule 1]

AI-assisted research summary: Plaintiff may, at any time before the suit is set down for hearing, by written notice served on all parties, discontinue the suit wholly or withdraw part of the claim.

Section 1. Withdrawal by plaintiff [Order 25, rule 1] Section At any time before the setting down of the suit for hearing the plaintiff may by notice in writing, which shall be served on all parties, wholly discontinue his suit against all or any of the defendants or may withdraw any part of his claim, and such discontinuance or withdrawal shall not be a defence to any subsequent action.
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2. Discontinuance [Order 25, rule 2]

AI-assisted research summary: The court may grant the plaintiff leave to discontinue his suit or withdraw part of the claim on appropriate terms.

Section 2. Discontinuance [Order 25, rule 2] Section 2(1) Where a suit has been set down for hearing it may be discontinued, or any part of the claim withdrawn, upon the filing of a written consent signed by all the parties. Section 2(2) Where a suit has been set down for hearing the court may grant the plaintiff leave to discontinue his suit or to withdraw any part of his claim upon such terms as to costs, the filing of any other suit, and otherwise, as are just. Section 2(3) The provisions of this rule and rule 1 shall apply to counterclaims.
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3. Costs [Order 25, rule 3]

AI-assisted research summary: If any defendant requests in writing, the registrar must sign judgment for costs when a suit has been wholly discontinued; a defendant may apply at the hearing for costs of any withdrawn part of the claim.

Section 3. Costs [Order 25, rule 3] Section Upon request in writing by any defendant the registrar shall sign judgment for the costs of a suit which has been wholly discontinued, and any defendant may apply at the hearing for the costs of any part of the claim against him which has been withdrawn.
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4. Stay of subsequent suit [Order 25, rule 4]

AI-assisted research summary: The court may stay a later suit (on the same or substantially the same cause) until the costs of a discontinued suit are paid.

Section 4. Stay of subsequent suit [Order 25, rule 4] Section If any subsequent suit shall be brought before payment of the costs of a discontinued suit, upon the same, or substantially the same cause of action, the court may order a stay of such subsequent suit until such costs shall have been paid.
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5. Compromise of a suit [Order 25, rule 5]

AI-assisted research summary: If the court is satisfied that a suit has been adjusted by agreement or the defendant satisfies the plaintiff, the court shall, on application by any party, record the agreement/compromise or satisfaction and enter judgment accordingly; the Court may, on application, make further orders to implement the decree.

Section 5. Compromise of a suit [Order 25, rule 5] Section 5(1) Where it is proved to the satisfaction of the court, and the court after hearing the parties directs, that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the court shall, on the application of any party, order that such agreement, compromise or satisfaction be recorded and enter judgment in accordance therewith. Section 5(2) The Court, on the application of any party, may make any further order necessary for the implementation and execution of the terms of the decree.
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1. Security for costs [Order 26, rule 1]

AI-assisted research summary: In any suit, the court may order that another party give security for all or part of the costs of any defendant or subsequent party.

Section 1. Security for costs [Order 26, rule 1] Section In any suit the court may order that security for the whole or any part of the costs of any defendant or third or subsequent party be given by any other party.
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2. Application before defence [Order 26, rule 2]

AI-assisted research summary: If an application for security for costs is made before a defence is filed, an affidavit stating the grounds of the defence and the deponent’s belief in those facts must be filed with the application.

Section 2. Application before defence [Order 26, rule 2] Section If an application for security for costs is made before a defence is filed, there shall be filed with the application an affidavit setting out the grounds of the defence together with a statement of the deponent’s belief in the truth of the facts alleged.
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3. Where two or more defendants [Order 26, rule 3]

AI-assisted research summary: The court must not make an order for security for costs when the main question is which of two or more defendants is liable or what proportion of liability they should bear.

Section 3. Where two or more defendants [Order 26, rule 3] Section Where it appears to the court that the substantial issue is which of two or more defendants is liable or what proportion of liability two or more defendants should bear no order for security for costs may be made.
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4. Claims by non-resident plaintiff [Order 26, rule 4]

AI-assisted research summary: When a non-resident brings a suit on a negotiable instrument or foreign judgment, the court may, at its discretion, order security for costs.

Section 4. Claims by non-resident plaintiff [Order 26, rule 4] Section In any suit brought by a person not residing in Kenya, if the claim is founded on a bill of exchange or other negotiable instrument or on a judgment or order of a foreign court, any order for security for costs shall be in the discretion of the court.
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5. Effect of failure to give security [Order 26, rule 5]

AI-assisted research summary: If security for costs is not given in time and the plaintiff cannot withdraw, the court must dismiss the suit; if dismissed, the court may set aside the dismissal and extend time if the plaintiff shows sufficient cause.

Section 5. Effect of failure to give security [Order 26, rule 5] Section 5(1) If security for costs is not given within the time ordered and if the plaintiff is not permitted to withdraw the suit, the court shall, upon application, dismiss the suit. Section 5(2) If a suit is dismissed under subrule (1) and the plaintiff proves that he was prevented by sufficient cause from giving the required security for costs the court may set aside the order dismissing the suit and extend the time for giving the required security.
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6. Investment of security [Order 26, rule 6]

AI-assisted research summary: If security by payment is ordered, the party ordered to pay may make the payment to a bank or reputable financial institution in joint names (of himself and the defendant) or in the names of their advocates when advocates act.

Section 6. Investment of security [Order 26, rule 6] Section 6(1) Where security by payment has been ordered, the party ordered to pay may make payment to a bank or a reputable financial institution in the joint names of himself and the defendant or in the names of their respective advocates when advocates are acting.
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1. Payment into court [Order 27, rule 1]

AI-assisted research summary: A defendant may at any time after appearance, upon notice to the plaintiff, pay money into court to satisfy the claim; the defendant may also, without leave, deliver a notice increasing the amount paid into court.

Section 1. Payment into court [Order 27, rule 1] Section 1(1) In any suit for a debt or damages any defendant may at any time after appearance upon notice to the plaintiff pay into court a sum of money in satisfaction of the claim or (where several causes of action are joined in one suit) in satisfaction of one or more of the causes of action. Section 1(2) Where money is paid into court in satisfaction of one or more of several causes of action the notice shall specify the causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless the registrar or, in a subordinate court, presiding magistrate, otherwise orders. Section 1(3) The notice shall be in Form No. 19 of Appendix A but may be modified or withdrawn or delivered in an amended form by leave of the registrar or, in a subordinate court, the presiding magistrate, upon such terms as are just except that the defendant may, without leave deliver a notice increasing the amount of any sum paid into court, which shall be in Form No. 20 of Appendix A.
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10. Moneys recovered by infants or persons of unsound mind [Order 27, rule 10]

AI-assisted research summary: Court sanction required for settlements or payments on behalf of infants or persons of unsound mind; funds to be paid to Public Trustee unless court directs otherwise.

Section 10. Moneys recovered by infants or persons of unsound mind [Order 27, rule 10] Section 10(1) In any cause or matter in the High Court in which money or damages is claimed by or on behalf of an infant or a person of unsound mind but not found upon inquiry to be incapable of managing his own affairs, suing either alone or in conjunction with other parties, no settlement, compromise or acceptance of money paid into court, whether before or at or after the hearing, shall, as regards the claims of any such infant or person of unsound mind, be valid without the sanction of the court, and no money or damages recovered or awarded in any such cause or matter in respect of the claims of any such infant or person of unsound mind, whether by judgment or by settlement, compromise, payment into court or otherwise, before, or at after the hearing, shall be paid to the next friend of the plaintiff or to the plaintiff’s advocate, unless the court shall so direct. Section 10(2) all money or damages recovered or awarded under subrule (1), unless the court shall otherwise direct, be paid to the Public Trustee, and shall, subject to any general or special directions of the court, be held and applied by him in such manner as he may think fit for the maintenance and education or otherwise for the benefit of such infant or person of unsound mind:Provided always that the Public Trustee may pay out of the decretal amount such costs as the plaintiff infant or person of unsound mind may have incurred in the institution and conduct of the cause or matter in which the decree shall have been issued.
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2. Acceptance of payment [Order 27, rule 2]

AI-assisted research summary: Section 2 allows a plaintiff to accept payments paid into court within fourteen days of notice (or of the last payment), entitles the plaintiff to receive payment upon acceptance, requires the registrar to give judgment for costs if requested in writing fourteen days after delivery of the notice unless the defendant applies to disallow costs, and allows plaintiffs in libel or slander actions who have accepted payment to apply for leave to make an approved statement in open court.

Section 2. Acceptance of payment [Order 27, rule 2] Section 2(1) Where money is paid into court under rule 1 the plaintiff may, within fourteen days of the receipt of notice thereof, or where more than one payment has been made, within fourteen days of the receipt of notice of the last payment, accept the whole sum or any one or more of any sums specified to be in satisfaction of different causes of action by giving notice to the defendant in Form No. 21 of Appendix A and thereupon he shall be entitled to receive payment accordingly. Section 2(2) Payment shall be made to the plaintiff or to his advocate, and thereupon proceedings in the suit or in respect of the cause or causes of action to which the payment relates shall be stayed. Section 2(3) The registrar shall, if so requested in writing not less than fourteen days after delivery to the defendant of the notice in Form No. 21 of Appendix A, give judgment for the plaintiff’s costs incurred up to the time of payment into court unless the defendant has applied by summons for an order disallowing the plaintiff’s costs or any part thereof. Section 2(4) A plaintiff in an action for libel or slander who has accepted a payment into court may apply by summons for leave to make in open court a statement the terms of which shall have been approved by the court.
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3. Money remaining in court [Order 27, rule 3]

AI-assisted research summary: Money paid into court is not to be paid out except by consent or by an order of the court; the court may make such an order at any time before, at or after the hearing of the suit, and if made the money may only be paid out in satisfaction of the related claim(s).

Section 3. Money remaining in court [Order 27, rule 3] Section If money paid into court is not accepted in accordance with rule 2 (1) the money remaining in court shall not be paid out except by consent or in pursuance of an order of the court, which may be made at any time before, at or after the hearing of the suit; and where such an order is made the money shall not be paid out except in satisfaction of the claim or cause or causes of action in respect of which it was paid in.
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4. Payment into court where several defendants [Order 27, rule 4]

AI-assisted research summary: Defendants sued jointly may pay money into court on notice to other defendants; the plaintiff has 14 days on notice to accept payments and give Form No. 21 notice, and acceptance stays proceedings against the paying defendant while the plaintiff may continue against others.

Section 4. Payment into court where several defendants [Order 27, rule 4] Section 4(1) Money may be paid into court under rule 1 by any of several defendants sued jointly or in the alternative upon notice to the other defendants. Section 4(2) If within fourteen days after receipt of notice of payment into court the plaintiff elects to accept the sum or sums paid into court, he shall give notice in Form No. 21 of Appendix A to each defendant. Section 4(3) Upon acceptance under subrule (2) all further proceedings in the suit or in respect of the cause of action to which the payment relates, as the case may be, shall be stayed, and the money shall not be paid out except in pursuance of an order of the court dealing with the whole costs of the suit or cause of action, as the case may be. Section 4(4) If in an action for libel or slander against several defendants sued jointly any defendant pays money into court, the plaintiff may within fourteen days elect to accept the payment in satisfaction of his claim against the defendant making the payment and shall give notice to all defendants in Form No. 21 of Appendix A; and the plaintiff may proceed to judgment under rule 2 (3) against the defendant who has made such payment, and the action shall thereupon be stayed against that defendant. Section 4(5) The plaintiff may continue with the suit against any other defendant, but the sum paid into court shall be set off against any damages ordered to be paid to the plaintiff by such defendant.
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5. Payment into court on a counterclaim [Order 27, rule 5]

AI-assisted research summary: A plaintiff or other person made a defendant to a counterclaim may pay money into court, in accordance with the provisions of this Order subject to any necessary modification.

Section 5. Payment into court on a counterclaim [Order 27, rule 5] Section A plaintiff or other person made a defendant to a counterclaim may pay money into court in accordance with the provisions of this Order subject to any necessary modification.
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6. Confidentiality of payments into court [Order 27, rule 6]

AI-assisted research summary: Payments into court must not be mentioned in pleadings unless a defence of tender before action or a plea under section 12 of the Defamation Act is pleaded; the judge must be informed of such payment after liability and amount are decided and must take it into account in exercising discretion as to costs.

Section 6. Confidentiality of payments into court [Order 27, rule 6] Section 6(1) Unless a defence of tender before action or a plea under section 12 of the Defamation Act (Cap. 36) is pleaded, the fact that a payment into court has been made under this Order shall not be mentioned in any pleading. Section 6(2) Subject to rule 3, no communication of such fact may be made to the judge until all questions of liability and the amount of the debt or damages shall have been decided, whereupon the fact shall be mentioned to the judge who shall take into account the amount of such payment in exercising his discretion as to costs.
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7. Register of payments to be kept [Order 27, rule 7]

AI-assisted research summary: The registrar of every court must keep a register with details of every payment into court made under this Order.

Section 7. Register of payments to be kept [Order 27, rule 7] Section The registrar of every court shall maintain a register containing details of every payment into court made under this Order.
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8. Investment of payment [Order 27, rule 8]

AI-assisted research summary: Instead of paying money into court, the defendant may pay a bank or reputable financial institution in joint names with the plaintiff (or their advocates); such payments are as effective as payment into court and the court may make orders for disposal.

Section 8. Investment of payment [Order 27, rule 8] Section 8(1) In place of payment into court as provided by the foregoing rules the defendant may make payment to a bank or a reputable financial institution in the joint names of himself and the plaintiff or in the names of their respective advocates when advocates are acting. Section 8(2) Such payment shall in all respects be as effective as payment into court and the court may make orders for its disposal.
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9. Money paid in under order of court [Order 27, rule 9]

AI-assisted research summary: Money paid into court under an order of the court may only be paid out pursuant to an order of the court.

Section 9. Money paid in under order of court [Order 27, rule 9] Section Money paid into court under an order of the court shall not be paid out except in pursuance of an order of the court:Provided that where before the filing of defence money has been paid into court by the defendant pursuant to an order under the provisions of Order 36, he may (unless the court shall order otherwise) by his pleading appropriate the whole or any part of such money, and any additional payment if necessary to the whole or any specified portion of the plaintiff’s claim, or if he pleads a tender, may appropriate the whole or any part of the money in court as payment into court of the money alleged to have been tendered; and the money so appropriated shall thereupon be deemed to be money paid into court pursuant to the preceding rules of this Order relating to money paid into court with a plea of tender, as the case may be, and shall be subject in all respects thereto.
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1. Cases in which court may issue commission to examine witnesses [Order 28, rule 1]

AI-assisted research summary: Any court may, in any suit, issue a commission to examine a person (by interrogatories or otherwise) who resides within its jurisdiction and who is exempted under the Act from attending court or is unable to attend due to sickness or infirmity.

Section 1. Cases in which court may issue commission to examine witnesses [Order 28, rule 1] Section Any court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the limits of its jurisdiction who is exempted under the Act from attending the court or who is from sickness or infirmity unable to attend it.
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10. Instructions to referee [Order 28, rule 10]

AI-assisted research summary: The court must give a referee (appointed under rule 9) the parts of the proceedings and instructions it considers necessary, and those instructions must state whether the referee is only to transmit proceedings or also to report his opinion.

Section 10. Instructions to referee [Order 28, rule 10] Section 10(1) The court shall furnish a referee appointed under rule 9 with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the referee is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination. Section 10(2) The proceedings and report (if any) of the referee shall be evidence in the suit, but where the court has reason to be dissatisfied with them it may direct such further inquiry as it shall think fit.
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11. Partition of immovable property [Order 28, rule 11]

AI-assisted research summary: If a preliminary decree for partition has been passed, the court may appoint a person to carry out the partition or separation in accordance with the rights declared in the decree.

Section 11. Partition of immovable property [Order 28, rule 11] Section Where a preliminary decree for partition has been passed, the court may appoint such person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
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12. Procedure upon partition [Order 28, rule 12]

AI-assisted research summary: An appointed person must divide property into shares, allot shares to parties, prepare and sign reports, and (if authorized by the order) may award sums to equalise values; the court must hear objections and confirm, vary, or set aside reports and then make decrees or other orders accordingly.

Section 12. Procedure upon partition [Order 28, rule 12] Section 12(1) The person appointed shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which he was appointed, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalising the value of the shares. Section 12(2) He shall then prepare and sign a report, or, where more than one person was appointed, and they cannot agree, they shall prepare and sign separate reports, appointing the share of each party and distinguishing each share (if so directed by the said order) by measurements and boundaries. Such report or reports shall be annexed to the appointments, and transmitted to the court; and the court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary, or set aside the same. Section 12(3) Where the court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied; but where the court sets aside the report or reports it shall make such order as it thinks fit.
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13. Expenses of commission to be paid into court [Order 28, rule 13]

AI-assisted research summary: The court may order that a reasonable sum for commission or inquiry expenses be paid into court by the party at whose instance or for whose benefit the commission, reference or appointment is issued.

Section 13. Expenses of commission to be paid into court [Order 28, rule 13] Section Before issuing any commission, reference or appointment under this Order, the court may order such sum (if any) as it thinks reasonable for the expenses of the commission, reference or inquiry, to be, within a time to be fixed, paid into court by the party at whose instance or for whose benefit the commission, reference or appointment is issued.
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14. Powers of commissioner [Order 28, rule 14]

AI-assisted research summary: The commissioner may examine the parties, any witnesses they produce, and any other persons the commissioner thinks proper to call to give evidence.

Section 14. Powers of commissioner [Order 28, rule 14] Section examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the person appointed thinks proper to call upon to give evidence in the matter referred to him;
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15. Attendance and examination of witnesses before commissioner [Order 28, rule 15]

AI-assisted research summary: Provisions of the Act and these Rules about summoning, attendance and examination of witnesses (including remuneration and penalties) apply to persons required to give evidence or produce documents under this Order; a commissioner may ask the appointing court to issue processes against witnesses within that court's local jurisdiction, and the court may in its discretion issue such process.

Section 15. Attendance and examination of witnesses before commissioner [Order 28, rule 15] Section 15(1) The provisions of the Act and these Rules relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon witnesses, shall apply to persons required to give evidence or to produce documents under this Order, and for the purposes of this rule any person appointed under this Order shall be deemed to be a judge. Section 15(2) A commissioner appointed under the Act may apply to the court which has appointed him for the issue of any process which he may find it necessary to issue to or against any witness who resides within the local limits of the jurisdiction of such court, and such court may in its discretion issue such process as it considers reasonable and proper.
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16. Parties to appear before commissioner [Order 28, rule 16]

AI-assisted research summary: The court must order that the parties to the suit appear before the commissioner in person or by agent/advocate; if parties do not appear, the person executing the commission may proceed in their absence.

Section 16. Parties to appear before commissioner [Order 28, rule 16] Section 16(1) Where a commission is issued under the preceding rules, the court shall direct that the parties to the suit shall appear before the commissioner in person or by their agents or advocates. Section 16(2) Where all or any of the parties do not so appear, the person executing the commission may proceed in their absence.
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17. Commissions issued by foreign courts [Order 28, rule 17]

AI-assisted research summary: Commissions issued by courts situated in parts of the Commonwealth other than Kenya.

Section 17. Commissions issued by foreign courts [Order 28, rule 17] Section courts situated in any part of the Commonwealth other than Kenya; or
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18. Evidence in proceedings by or against the Government [Order 28, rule 18]

AI-assisted research summary: Court powers to take evidence apply in civil proceedings by or against the Government in the same way as between private parties.

Section 18. Evidence in proceedings by or against the Government [Order 28, rule 18] Section For the avoidance of doubt it is hereby declared that any powers exercisable by the court in regard to the taking of evidence are exercisable in civil proceedings by or against the Government as they are exercisable in proceedings between subjects.
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2. Where witness resides within court’s jurisdiction [Order 28, rule 2]

AI-assisted research summary: The court may issue a commission to examine a person who resides within the local limits of its jurisdiction, and may send that commission to any person the court thinks fit.

Section 2. Where witness resides within court’s jurisdiction [Order 28, rule 2] Section A commission for the examination of a person who resides within the local limits of the jurisdiction of the court issuing the same may be issued to any person whom the court thinks fit.
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3. Persons for whose examination commission may issue [Order 28, rule 3]

AI-assisted research summary: Any court may in any suit issue a commission to examine persons who are (a) resident beyond its local limits, (b) about to leave those limits before their examination date, or (c) civil or military government officers who cannot attend without detriment to the public service.

Section 3. Persons for whose examination commission may issue [Order 28, rule 3] Section 3(1) Any court may in any suit issue a commission for the examination of— Section 3(1)(a) any person resident beyond the local limits of its jurisdiction; Section 3(1)(b) any person who is about to leave such limits before the date on which he is required to be examined in court; or Section 3(1)(c) any civil or military officer of the Government who cannot in the opinion of the court attend without detriment to the public service.
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4. Request to examine witness abroad [Order 28, rule 4]

AI-assisted research summary: If a court (to which an application for a commission is made for examining a person outside Kenya) is satisfied the person's evidence is necessary, the court may issue a commission or a letter of request.

Section 4. Request to examine witness abroad [Order 28, rule 4] Section Where any court to which application is made for the issue of a commission for the examination of a person residing at any place not in Kenya is satisfied that the evidence of such person is necessary, the court may issue such commission or a letter of request.
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5. Court to examine witness pursuant to commission [Order 28, rule 5]

AI-assisted research summary: Courts in Kenya that receive a commission to examine a person must examine that person or cause them to be examined.

Section 5. Court to examine witness pursuant to commission [Order 28, rule 5] Section Every court in Kenya receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.
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6. Return of commission with deposition of witness [Order 28, rule 6]

AI-assisted research summary: After a commission has been executed, the commission, the evidence taken under it, and the return must be sent back to the issuing court and become part of the suit record, unless the issuing order directs otherwise.

Section 6. Return of commission with deposition of witness [Order 28, rule 6] Section Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the return thereto and the evidence taken under it shall form part of the record of the suit.
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7. Commissions to make investigations [Order 28, rule 7]

AI-assisted research summary: Commissions to make investigations

Section 7. Commissions to make investigations [Order 28, rule 7] Section any matter in dispute in the suit, whether or not the matter is substantially the whole matter in dispute between the parties; or
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8. Procedure of commissioner [Order 28, rule 8]

AI-assisted research summary: The commissioner must return the written evidence and his signed report to the court after any local inspection and after reducing the evidence to writing; the court (or, with its permission, any party) may examine the commissioner in open court; if dissatisfied the court may order further inquiry.

Section 8. Procedure of commissioner [Order 28, rule 8] Section 8(1) The commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the court. Section 8(2) The report of the commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the court, or, with the permission of the court, any of the parties to the suit, may examine the commissioner personally in open court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. Section 8(3) Where the court is for any reason dissatisfied with the proceeding of the commissioner, it may direct such further inquiry to be made as it shall think fit.
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9. Examination of accounts by referee [Order 28, rule 9]

AI-assisted research summary: The court may refer accounts for examination when, on a party's application or on its own motion in a suit, such examination is necessary or desirable.

Section 9. Examination of accounts by referee [Order 28, rule 9] Section On the application of any party or of its own motion in any suit in which the examination of accounts is necessary or desirable, the court may refer the accounts for examination to such person as it thinks fit.
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1. Interpretation [Order 29, rule 1]

AI-assisted research summary: Defines the meanings of several expressions relating to civil proceedings involving the Government and defines "order against the Government"; and provides that references to suits about movable or immovable property include proceedings against the Government seeking a declaration of entitlement or possession.

Section 1. Interpretation [Order 29, rule 1] Section 1(1) The expressions “civil proceedings by the Government”, “civil proceedings against the Government” and “civil proceedings by or against the Government” have the same respective meanings as in Part III of the Government Proceedings Act and do not include any of the proceedings specified in subsection (3) of section 19 of that Act—“civil proceedings to which the Government is a party” has the same meaning as it has for the purposes of Parts IV and V of the Government Proceedings Act (Cap. 40) by virtue of subsection (3) of section 2 of that Act;“order against the Government” means any order (including a judgment, decree, rule, award, declaration and an order for costs) made in civil proceedings brought by or against the Government, or in connection with any arbitration to which the Government is a party, in favour of any person against the Government or against a Government department or against a public officer as such. Section 1(2) Except where the context otherwise requires, references to suits where the subject-matter is immovable or movable property shall be construed as including proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to such property or to the possession thereof.
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2. Rules to apply to proceedings by or against the Government [Order 29, rule 2]

AI-assisted research summary: These Rules apply to all civil proceedings by or against the Government; such proceedings must take the same form as civil proceedings between subjects and, if no special form applies, be instituted by a plaint.

Section 2. Rules to apply to proceedings by or against the Government [Order 29, rule 2] Section 2(1) Except as provided by the Government Proceedings Act (Cap. 40) or by these Rules— Section 2(1)(a) these Rules shall apply to all civil proceedings by or against the Government; and Section 2(1)(b) civil proceedings by or against the Government shall take the same form as civil proceedings between subjects and shall, if no special form is applicable, take the form of a suit instituted by a plaint. Section 2(2) No order against the Government may be made under— Section 2(2)(a) Order 14, rule 4 (Impounding of documents); Section 2(2)(b) Order 22 (Execution of decrees and orders); Section 2(2)(c) Order 23 (Attachment of debts); Section 2(2)(d) Order 40 (Injunctions); and Section 2(2)(e) Order 41 (Appointment of receiver).
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3. Application for a certificate under section. 21 of the Government Proceedings Act [Order 29, rule 3]

AI-assisted research summary: Applications for a certificate under section 21 of the Government Proceedings Act shall be made to a registrar or, in the case of a subordinate court, to the court.

Section 3. Application for a certificate under section. 21 of the Government Proceedings Act [Order 29, rule 3] Section Any application for a certificate under section 21 of the Government Proceedings Act (Cap. 40) (which relates to satisfaction of orders against the Government) shall be made to a registrar or, in the case of a subordinate court, to the court; and any application under that section for a direction that a separate certificate be issued with respect to costs ordered to be paid to the applicant shall be made to the court and may be madeex partewithout a summons, and such certificate shall be in one of Form Nos. 22 and 23 of Appendix A with such variations as circumstances may require.
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4. Attachment of debts or appointment of a receiver [Order 29, rule 4]

AI-assisted research summary: Courts may, on a decree-holder's summons, restrain a judgment-debtor from receiving money payable by the Government and direct the Government to pay the decree-holder or a receiver; courts may appoint receivers; courts may order issues to be tried and require third parties to disclose claims and may deal with such claims.

Section 4. Attachment of debts or appointment of a receiver [Order 29, rule 4] Section 4(1) No order for the attachment of debts under Order 23 or for the appointment of a receiver under Order 41 shall be made or have effect in respect of any money due or accruing or alleged to be due or accruing from the Government. Section 4(2) In a case where it is alleged that such an order could have been obtained and would have had effect in respect of such money if it had been due or accruing from a subject the court may on the application by summons of the decree-holder make an order restraining the judgment-debtor from receiving such money and directing payment by the Government to the decree-holder or receiver; and the court may appoint a receiver for that purpose. Section 4(3) No such order shall be made in respect of money which is subject to the provisions of any enactment prohibiting or restricting assigning or charging or taking in execution. Section 4(4)(a) Any such summons under subrule (2) shall on the Government at least four days before the return day and, unless otherwise ordered, on the judgment-debtor or his advocate. Section 4(4)(b) Service on the judgment-debtor or his advocate shall be in the manner provided for such service by Order 23 rule 1, and service on the Government shall be effected by service on the Attorney-General in accordance with Order 5, rule 9. Section 4(5) If the Government disputes liability the court may order that any issue or question necessary for determining the liability of the Government shall be tried or determined in any manner in which any issue or question in a suit may be tried or determined; and where it is suggested by the Government that the debt with reference to which the proceedings are taken belongs to some third person, or that any third person has a claim upon it, the court may order such third person to appear and state the nature and particulars of his claim upon such debt; and after hearing any such third person as aforesaid, and any other person whom by the same or any subsequent order the court may require to appear, the court may bar the claim of the third person or make such order with regard to his claim as it deems fit upon such terms, in all cases, with regard to the third person’s claim (if any) and to costs as it deems just and reasonable, and if the third person does not appear when ordered, the court may exercise any powers which it might have exercised if he had appeared. Section 4(6) In this rule the expression “judgment-holder” means the person against whom the order for the attachment of debts or for the appointment of a receiver could have been obtained as aforesaid, and the expression “decree-holder” means the person in whose favour it could have been obtained.
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1. Suing of partners in name of firm [Order 30, rule 1]

AI-assisted research summary: Two or more persons who are partners carrying on business in Kenya may sue or be sued in the firm's name; any party to a suit may ask the court for a verified statement of who were partners when the cause of action arose.

Section 1. Suing of partners in name of firm [Order 30, rule 1] Section Any two or more persons claiming or being liable as partners and carrying on business in Kenya may sue or be sued in the name of the firm (if any) in which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such manner as the court may direct.
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2. Disclosure of partners’ names [Order 30, rule 2]

AI-assisted research summary: If a suit is brought by a firm, the plaintiffs or their advocate must, when a defendant (or someone on their behalf) makes a written demand, declare in writing the names and residences of all persons constituting the firm within seven days.

Section 2. Disclosure of partners’ names [Order 30, rule 2] Section 2(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their advocate shall, on demand in writing by or on behalf of any defendant, within seven days, declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is instituted. Section 2(2) Where the plaintiffs or their advocate fail to comply with any demand made under subrule (1), all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the court may direct. Section 2(3) Where the names of the partners are declared in the manner referred to in subrule (1), the suit shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the plaint:Provided that all the proceedings shall nevertheless continue in the name of the firm.
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3. Service [Order 30, rule 3]

AI-assisted research summary: When persons are sued as partners in the name of their firm, service of the summons must be effected either on one or more partners, or at the partnership's principal place of business in Kenya on a person having control or management there, or as the court may direct; such service is deemed good service on the firm, and if the partnership was dissolved to the plaintiff's knowledge before suit the summons must be served on every person within Kenya whom it is sought to make liable.

Section 3. Service [Order 30, rule 3] Section 3(1) Where persons are sued as partners in the name of their firm, the service of the summons shall be effected either— Section 3(1)(a) upon any one or more of the partners; Section 3(1)(b) at the principal place at which the partnership business is carried on within Kenya upon any person having, at the time of service, the control or management of the partnership business there; or Section 3(1)(c) as the court may direct. Section 3(2) Such service shall be deemed good service upon the firm so sued, whether all or any of the partners are within or without Kenya:Provided that, in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the institution of the suit, the summons shall be served upon every person within Kenya whom it is sought to make liable.
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4. Notice in what capacity served [Order 30, rule 4]

AI-assisted research summary: When a summons to a firm is served under rule 3, every person served must be given written notice at the time saying whether they are served as a partner, as a person controlling or managing the partnership business, or both; if no such notice is given the person is deemed served as a partner.

Section 4. Notice in what capacity served [Order 30, rule 4] Section Where a summons is issued to a firm, and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner.
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5. Appearance of partners [Order 30, rule 5]

AI-assisted research summary: If persons are sued as partners in their firm's name, those persons must appear individually in their own names.

Section 5. Appearance of partners [Order 30, rule 5] Section Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
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6. No appearance except by partners [Order 30, rule 6]

AI-assisted research summary: If a summons (served as under rule 3) is served on a person who controls or manages the partnership business, that person does not have to appear unless he is a partner of the firm sued.

Section 6. No appearance except by partners [Order 30, rule 6] Section Where a summons is served in the manner provided by rule 3, upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner of the firm sued.
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7. Appearance in action against firms [Order 30, rule 7]

AI-assisted research summary: A person served as a partner who denies being a partner may enter an appearance in that form; the plaintiff or the person may apply to set aside the appearance or the service, and the court may order questions of liability to be tried as it thinks fit.

Section 7. Appearance in action against firms [Order 30, rule 7] Section 7(1) Any person served as a partner under rule 3 but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as “a person served as a partner in the defendant firm, but who denies that he was a partner at any material time”; and such appearance as long as it stands shall be treated as an appearance for the firm. Section 7(2) If an appearance is so entered— Section 7(2)(a) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; or Section 7(2)(b) the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such; or he may at the proper time deliver a defence denying either or both— Section 7(2)(b) his liability as a partner; Section 7(2)(b)(i) his liability as a partner; Section 7(2)(b)(ii) the liability of the defendant firm in respect of plaintiff’s claim. Section 7(3) An order may on the application of either party at any time be made that the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time or times as the court may think fit.
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8. Suits between firm and partners [Order 30, rule 8]

AI-assisted research summary: The Order applies to suits between a firm and one or more of its partners, and to suits between firms that share partners; no execution in those suits may be issued except by leave of the court, and on application for leave accounts and inquiries may be directed and such directions given as may be just.

Section 8. Suits between firm and partners [Order 30, rule 8] Section This Order shall apply to suits between a firm and one or more of the partners therein, and to suits between firms having one or more partners in common; but no execution shall be issued in such suits except by leave of the court, and, on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and such directions given as may be just.
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9. Suit against persons carrying on business in name other than his own [Order 30, rule 9]

AI-assisted research summary: Persons carrying on business in a name or style other than their own may be sued in that name or style as if it were a firm name; rules under this Order apply so far as the nature of the case permits.

Section 9. Suit against persons carrying on business in name other than his own [Order 30, rule 9] Section Any person carrying on business in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules under this Order shall apply.
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1. Particulars of plaint [Order 4, rule 1]

AI-assisted research summary: The plaint must include specified particulars (court name; plaintiff details and service address; defendant details if ascertainable; place where cause arose; statement if minor or of unsound mind; averment regarding other suits or prior proceedings).

Section 1. Particulars of plaint [Order 4, rule 1] Section 1(1) The plaint shall contain the following particulars— Section 1(1)(a) the name of the court in which the suit is brought; Section 1(1)(b) the name, description and place of residence of the plaintiff, and an address for service; Section 1(1)(c) the name, description and place of residence of the defendant, so far as they can be ascertained; Section 1(1)(d) the place where the cause of action arose; Section 1(1)(e) where the plaintiff or defendant is a minor or person of unsound mind, a statement to that effect; and Section 1(1)(f) an averment that there is no other suit pending, and that there have been no previous proceedings, in any court between the plaintiff and the defendant over the same subject matter and that the cause of action relates to the plaintiff named in the plaint. Section 1(2) The plaint shall be accompanied by an affidavit sworn by the plaintiff verifying the correctness of the averments contained in rule 1(1)(f) above. Section 1(3) Where there are several plaintiffs, one of them, with written authority filed with the verifying affidavit, may swear the verifying affidavit on behalf of the others. Section 1(4) Where the plaintiff is a corporation, the verifying affidavit shall be sworn by an officer of the company duly authorized under the seal of the company to do so. Section 1(5) The provisions of sub-rule (3) and (4) shall applymutatis mutandisto counterclaims. Section 1(6) The court may of its own motion or on the application by the plaintiff or the defendant order to be struck out any plaint or counterclaim which does not comply with sub-rule (2) (3), (4) and (5) of this rule.
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2. Money suit [Order 4, rule 2]

AI-assisted research summary: A plaintiff seeking recovery of money must state the precise amount claimed, except in two specified situations.

Section 2. Money suit [Order 4, rule 2] Section 2(1) Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed, except where the plaintiff sues formesneprofits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant. Section 2(2) The provisions of this rule shall apply to counterclaims.
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3. Where the subject-matter of the suit is immovable property [Order 4, rule 3]

AI-assisted research summary: When the suit concerns immovable property, the plaint must include a description of the property sufficient to identify it.

Section 3. Where the subject-matter of the suit is immovable property [Order 4, rule 3] Section Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it.
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4. Capacity of parties [Order 4, rule 4]

AI-assisted research summary: If a party sues or is sued in a representative capacity, the plaint must state the capacity in which that party sues or is sued, and it must state how that capacity arises.

Section 4. Capacity of parties [Order 4, rule 4] Section Where the plaintiff sues in a representative capacity the plaint shall state the capacity in which he sues and where the defendant is sued in a representative capacity the plaint shall state the capacity in which he is sued, and in both cases it shall be stated how that capacity arises.
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5. Defendant’s interest and liability to be shown [Order 4, rule 5]

AI-assisted research summary: The plaint must show that the defendant is (or claims to be) interested in the subject-matter and that he is liable to be called to answer the plaintiff’s demand.

Section 5. Defendant’s interest and liability to be shown [Order 4, rule 5] Section The plaint shall show that the defendant is or claims to be interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand.
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6. Statement of relief claimed [Order 4, rule 6]

AI-assisted research summary: Every plaint must state the relief the plaintiff claims; it is not necessary to ask for costs, interest or other general relief which the court may give, and the rule also applies to a defence or counterclaim.

Section 6. Statement of relief claimed [Order 4, rule 6] Section Every plaint shall state specifically the relief which the plaintiff claims, either specifically or in the alternative, and it shall not be necessary to ask for costs, interest or general or other relief which may always be given as the court deems just, whether or not it could have been asked for or granted when the suit was filed; and this rule shall apply also to a defence or counterclaim.
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7. Relief founded on separate grounds [Order 4, rule 7]

AI-assisted research summary: If a plaintiff seeks relief on multiple distinct claims or causes of action founded on separate grounds, those claims must be stated separately and distinctly.

Section 7. Relief founded on separate grounds [Order 4, rule 7] Section Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be, separately and distinctly.
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8. Copies of plaint [Order 4, rule 8]

AI-assisted research summary: The plaintiff shall present as many copies of the plaint as there are defendants.

Section 8. Copies of plaint [Order 4, rule 8] Section The plaintiff shall present as many copies of the plaint as there are defendants.
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9. Return of plaint [Order 4, rule 9]

AI-assisted research summary: A plaint may be returned at any stage to the correct court; when a plaint is returned the judge must endorse the date of presentation and return, the name of the presenting party, and a brief statement of reasons.

Section 9. Return of plaint [Order 4, rule 9] Section 9(1) The plaint may at any stage of the suit be returned to be presented to the court in which the suit should have been instituted. Section 9(2) On returning a plaint the judge shall endorse thereon the date of its presentation and return, the name of the party presenting it and a brief statement of the reasons for returning it.
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1. Representation of beneficiaries in suits concerning property vested in trustees [Order 31, rule 1]

AI-assisted research summary: Where a dispute concerns property vested in a trustee, executor or administrator and is between beneficiaries and a third person, the trustee, executor or administrator must represent those beneficiaries in the suit; the court may order the beneficiaries to be made parties if it thinks fit.

Section 1. Representation of beneficiaries in suits concerning property vested in trustees [Order 31, rule 1] Section In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit, but the court may, if it thinks fit, order them or any of them to be made parties.
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2. Joinder of trustees, executors and administrators [Order 31, rule 2]

AI-assisted research summary: When there are multiple trustees, executors or administrators, they must all be joined as parties to a suit; however, executors who have not proved the will and trustees, executors and administrators outside Kenya need not be made parties.

Section 2. Joinder of trustees, executors and administrators [Order 31, rule 2] Section Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:Provided that the executors who have not proved their testator’s will, and trustees, executors, and administrators outside Kenya, need not be made parties.
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1. Minor to sue by next friend [Order 32, rule 1]

AI-assisted research summary: A minor's lawsuit must be brought in the minor's name by a person who will act as the minor's next friend; before that person's name is used when an advocate institutes the suit, the person must sign a written authority to the advocate and the authority must be filed.

Section 1. Minor to sue by next friend [Order 32, rule 1] Section 1(1) Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor. Section 1(2) Before the name of any person shall be used in any action as next friend of any infant where the suit is instituted by an advocate, such person shall sign a written authority to the advocate for that purpose, and the authority shall be filed.
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10. Stay of proceedings [Order 32, rule 10]

AI-assisted research summary: If the advocate of a minor fails to secure a new next friend in a reasonable time, any interested person may apply to the court for appointment, and the court may appoint a suitable person.

Section 10. Stay of proceedings [Order 32, rule 10] Section 10(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place. Section 10(2) Where the advocate of such a minor omits, within a reasonable time, to get a new next friend appointed, any person interested in the minor or in the matter in issue may apply to the court for the appointment of one, and the court may appoint such person as it thinks fit.
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11. Retirement, removal, or death of guardian ad litem [Order 32, rule 11]

AI-assisted research summary: The court may allow a guardian ad litem to retire or remove him and may make orders as to costs; if the guardian retires, dies or is removed during the suit the court shall appoint a new guardian.

Section 11. Retirement, removal, or death of guardian ad litem [Order 32, rule 11] Section 11(1) Where the guardianad litemdesires to retire or does not do his duty, or where other sufficient ground is made to appear, the court may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks fit. Section 11(2) Where the guardianad litemretires, dies, or is removed by the court during the pendency of the suit, the court shall appoint a new guardian in his place.
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12. Procedure where minor attains majority [Order 32, rule 12]

AI-assisted research summary: When a minor who is a plaintiff or on whose behalf an application is pending attains majority, he must choose whether to continue or abandon the suit or application; if he continues he must apply to discharge the next friend and proceed in his own name; if he abandons (and is sole) he must apply to dismiss on repayment of costs; applications may be made ex parte by chamber summons; orders discharging a next friend require notice to the next friend.

Section 12. Procedure where minor attains majority [Order 32, rule 12] Section 12(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application. Section 12(2) Where he elects to proceed with the suit or application he shall apply for an order discharging the next friend and for leave to proceed in his own name. Section 12(3) The title of the suit or application shall in such case be corrected so as to read thenceforth thus—“A.B., late a minor, by C.D., his next friend, but now having attained majority.” Section 12(4) Where he elects to abandon the suit or application he shall, if a sole plaintiff or sole applicant apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party, or which may have been paid by his next friend. Section 12(5) Any application under this rule may be madeex parteby chamber summons; but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.
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13. Where minor co-plaintiff attaining majority desires to repudiate suit [Order 32, rule 13]

AI-assisted research summary: A minor who, upon reaching majority, wants to repudiate the suit must apply to have his name struck out as co-plaintiff; the court shall dismiss him if he is not a necessary party and may make him a defendant if he is a necessary party. Notice of the application must be served on the next friend, any co-plaintiff, and the defendant; costs are to be paid by persons the court directs.

Section 13. Where minor co-plaintiff attaining majority desires to repudiate suit [Order 32, rule 13] Section 13(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit. Section 13(2) Notice of the application shall be served on the next friend, on any co-plaintiff, and on the defendant. Section 13(3) The costs of all parties to such application, and of all or any proceedings theretofore had in the suit, shall be paid by such persons as the court directs. Section 13(4) Where the applicant is a necessary party to the suit, the court may direct him to be made a defendant.
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14. Unreasonable or improper suit [Order 32, rule 14]

AI-assisted research summary: When a person who was a minor reaches majority, if they are the sole plaintiff they may apply to have a suit brought in their name by a next friend dismissed.

Section 14. Unreasonable or improper suit [Order 32, rule 14] Section 14(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by a next friend be dismissed on the ground that it was unreasonable or improper. Section 14(2) Notice of the application shall be served on all the parties concerned; and the court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.
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15. Application of rules to persons of unsound mind [Order 32, rule 15]

AI-assisted research summary: Rules 1–14 apply, where relevant, to persons adjudged of unsound mind and to persons found by a court to be incapable of protecting their interests when suing or being sued due to unsoundness of mind or mental infirmity.

Section 15. Application of rules to persons of unsound mind [Order 32, rule 15] Section The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interests when suing or being sued.
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2. Where suit is instituted without next friend [Order 32, rule 2]

AI-assisted research summary: If a suit is brought for a minor without a next friend, the defendant may apply to have it dismissed; costs are to be paid by the advocate or person who presented it; the court may, after hearing objections, make any order it thinks fit.

Section 2. Where suit is instituted without next friend [Order 32, rule 2] Section 2(1) Where a suit is instituted by or on behalf of a minor without a next friend the defendant may apply to have the suit dismissed with costs to be paid by the advocate or other person by whom it was presented. Section 2(2) Notice of such application shall be given to such person, and the court, after hearing his objections (if any), may make such order in the matter as it thinks fit.
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3. Guardianad litem[Order 32, rule 3]

AI-assisted research summary: Section 3. Guardianad litem[Order 32, rule 3] Section 3(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardianad litemof such minor. Section 3(2) An order

Section 3. Guardianad litem[Order 32, rule 3] Section 3(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardianad litemof such minor. Section 3(2) An order for the appointment of guardianad litemmay be obtained upon application in the name and on behalf of the minor or by the plaintiff. Section 3(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in suit adverse to that of the minor and that he is a fit person to be so appointed. Section 3(4) No order shall be made on any application under this rule except upon notice to the minor and to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, upon notice to the father or mother of the minor, or, where there is no father or mother of the minor, to the person in whose care the minor is, and, after hearing any objections which may be urged on behalf of any person served with notice under this subrule.
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4. Who may act as next friend or be appointed guardian for the suit [Order 32, rule 4]

AI-assisted research summary: Adults of sound mind may act as next friend or guardian ad litem for a minor, subject to conflicts of interest and not being a party adverse to the minor.

Section 4. Who may act as next friend or be appointed guardian for the suit [Order 32, rule 4] Section 4(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardianad litem:Provided that the interest of such person is not adverse to that of the minor, and that he is not, in the case of a next friend, a defendant, or, in the case of a guardianad litem, a plaintiff. Section 4(2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardianad litem, unless the court considers, for reasons to be recorded, that it is for the minor’s welfare that another person be permitted to act, or be appointed, as the case may be. Section 4(3) No person shall without his consent be appointed a guardianad litem. Section 4(4) Where there is no other person fit and willing to act as guardianad litem, the court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in court in which the minor is interested, and may give directions for the payment or allowance of such costs as justice and the circumstances of the case may require.
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5. Representation of minor by next friend or guardian for the suit [Order 32, rule 5]

AI-assisted research summary: Applications on behalf of a minor must be made by the minor's next friend or guardian ad litem; orders made without such representation may be discharged, and an advocate who knew (or ought to have known) of the minority must pay the costs.

Section 5. Representation of minor by next friend or guardian for the suit [Order 32, rule 5] Section 5(1) Every application to the court on behalf of a minor, other than an application under rule 10(2), shall be made by his next friend or by his guardianad litem. Section 5(2) Every order made in a suit or on any application before the court in or by which a minor is in any way concerned or affected, without such minor being represented by a next friend or guardianad litem, as the case may be, may be discharged, and, where the advocate of the party at whose instance such order was obtained, knew, or might reasonably have known, the fact of such minority, with costs to be paid by such advocate.
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6. Receipt of property or money on behalf of minor [Order 32, rule 6]

AI-assisted research summary: A next friend or guardian ad litem must not, without the leave of the court, receive any money or other movable property on behalf of a minor; the court must require security and give directions if it grants leave where no guardian of the property's been appointed or the guardian is under a disability.

Section 6. Receipt of property or money on behalf of minor [Order 32, rule 6] Section 6(1) A next friend or guardianad litemshall not, without the leave of the court, receive any money or other movable property on behalf of a minor, either— Section 6(1)(a) by way of compromise before decree or order; or Section 6(1)(b) under a decree or order in favour of the minor. Section 6(2) Where the next friend or guardianad litemhas not been appointed or declared by competent authority to be guardian of the property of the minor, or, having been so appointed or declared, is under any disability known to the court to receive the money or other movable property, the court shall, if it grants him leave to receive the property, require such security and give such directions as will, in its opinion, sufficiently protect the property from waste and ensure its proper application.
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7. Agreement or compromise of suit on behalf of minor [Order 32, rule 7]

AI-assisted research summary: Next friends or guardians ad litem must not enter into any agreement or compromise on behalf of a minor in the suit unless the court expressly records leave in the proceedings.

Section 7. Agreement or compromise of suit on behalf of minor [Order 32, rule 7] Section 7(1) No next friend or guardianad litemshall, without the leave of the court expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian. Section 7(2) Any such agreement or compromise entered into without the leave of the court so recorded shall be voidable against all parties other than the minor.
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8. Retirement of next friend [Order 32, rule 8]

AI-assisted research summary: A next friend may not retire unless they first find a fit replacement and give security for costs already incurred, unless the court orders otherwise.

Section 8. Retirement of next friend [Order 32, rule 8] Section 8(1) Unless otherwise ordered by the court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred. Section 8(2) The application for the appointment of a new next friend shall be supported by an affidavit showing the fitness of the person proposed and also that he has no interest adverse to that of the minor.
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9. Removal of next friend [Order 32, rule 9]

AI-assisted research summary: The court may order removal of a next friend for causes such as adverse interest to the minor, connection to an adverse defendant, failure to do duty, ceasing to reside in Kenya, or other sufficient cause; where a guardian appointed by a competent authority applies to take over, the court shall remove the next friend unless it records reasons not to and shall appoint that guardian.

Section 9. Removal of next friend [Order 32, rule 9] Section 9(1) Where the interest of the next friend of a minor is adverse to that of the minor, or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor’s interest will be properly protected by him, or where he does not do his duty, or during the pendency of the suit ceases to reside within Kenya, or for any other sufficient cause, application may be made on behalf of the minor or by a defendant for his removal, and the court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to the costs as it thinks fit. Section 9(2) Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared who desires to be himself appointed in the place of the next friend, the court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.
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1. Suits may be instituted by a pauper [Order 33, rule 1]

AI-assisted research summary: A person who qualifies as a "pauper" may institute (start) a suit subject to the rules in this Order.

Section 1. Suits may be instituted by a pauper [Order 33, rule 1] Section 1(1) Subject to the following rules, any suit may be instituted by a pauper. Section 1(2) For the purposes of this Order a person is a“pauper”when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the institutions of such suit.
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10. Costs where pauper succeeds [Order 33, rule 10]

AI-assisted research summary: If the plaintiff succeeds, the court must calculate the court fees that would have been paid but for pauper status; that amount is recoverable by the court from any party ordered by the decree and is a first charge on the subject-matter of the suit.

Section 10. Costs where pauper succeeds [Order 33, rule 10] Section Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such amount shall be recoverable by the court from any party ordered by the decree to pay the same, and shall be a first charge on the subject-matter of the suit.
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11. Procedure where pauper fails [Order 33, rule 11]

AI-assisted research summary: If a plaintiff fails to appear (or is dispaupered) and the suit is withdrawn or dismissed, the court must order the plaintiff or any added co-plaintiff to pay the court fees that would have been payable had the plaintiff not been allowed to sue as a pauper.

Section 11. Procedure where pauper fails [Order 33, rule 11] Section Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper.
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12. Government may apply for payment of court fees [Order 33, rule 12]

AI-assisted research summary: The Government may apply to the court to order payment of court fees under rule 10 or rule 11 at any time.

Section 12. Government may apply for payment of court fees [Order 33, rule 12] Section The Government shall have the right at any time to apply to the court to make an order for the payment of court fees under rule 10 or rule 11.
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13. Government to be deemed a party [Order 33, rule 13]

AI-assisted research summary: Matters arising between the Government and any party to the suit under rule 10, rule 11 or rule 12 are to be treated as questions between the parties to the suit for the purposes of section 34 of the Act.

Section 13. Government to be deemed a party [Order 33, rule 13] Section All matters arising between the Government and any party to the suit under rule 10, rule 11 or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of section 34 of the Act.
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14. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature [Order 33, rule 14]

AI-assisted research summary: If an application to sue as a pauper is refused, the applicant cannot make another similar application about the same right to sue, but may bring a normal suit if he first pays any costs incurred by the Government and the opposing party in opposing the pauper application.

Section 14. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature [Order 33, rule 14] Section An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right provided that he first pays the costs (if any) incurred by the Government and by the opposite party in opposing his application for leave to sue as a pauper.
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15. Costs [Order 33, rule 15]

AI-assisted research summary: The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.

Section 15. Costs [Order 33, rule 15] Section The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.
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16. Court fees [Order 33, rule 16]

AI-assisted research summary: If a defendant alleges inability to pay court fees, the registrar must investigate under oath and, if satisfied, record what proportion (if any) the defendant can pay and limit payable fees to that amount; if not satisfied, the registrar must certify and advise the defendant of fees payable.

Section 16. Court fees [Order 33, rule 16] Section 16(1) If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on oath that the allegation of poverty is true, shall record on the record the result of his investigation and a statement of the proportion of the fees (if any) which the defendant is able to pay; and no fees other than the amount which the registrar is satisfied that the defendant is able to pay shall be payable. Section 16(2) If the registrar is not so satisfied as aforesaid as to the inability of the defendant to pay court fees, he shall so certify and advise the defendant as to the fees payable by him. Section 16(3) An appeal shall lie from the decision of the registrar to a judge in chambers.
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17. Recovery of court fees from pauper [Order 33, rule 17]

AI-assisted research summary: The court may order that court fees remitted under this Order are a first charge on money recovered under a decree or order when a pauper succeeds in a suit.

Section 17. Recovery of court fees from pauper [Order 33, rule 17] Section In the event of a pauper plaintiff or defendant succeeding in any suit which results in a decree or order for payment to him of any sum of money from the other side, whether by way of costs or otherwise, the court may order that the court fees remitted as aforesaid or otherwise under this Order shall be a first charge on any moneys recovered or to be recovered under such decree or order.
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18. Procedure [Order 33, rule 18]

AI-assisted research summary: Applications under this Order must be in writing and addressed to the court.

Section 18. Procedure [Order 33, rule 18] Section Applications under this Order shall be in writing addressed to the court.
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2. Contents of application [Order 33, rule 2]

AI-assisted research summary: Every application for permission to sue as a pauper must contain the particulars required in regard to pleadings, include a statement that the pauper is unable to pay the fee prescribed in such suit, and the whole must be signed in the manner prescribed for the signing of pleadings.

Section 2. Contents of application [Order 33, rule 2] Section Every application for permission to sue as a pauper shall contain the particulars required in regard pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such suit, and the whole shall be signed in the manner prescribed for the signing of pleadings.
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3. Presentation of application [Order 33, rule 3]

AI-assisted research summary: Applications must be presented to the court by the applicant in person unless the applicant is exempted under section 82 of the Act, in which case an authorised agent may present the application and may be examined in the same manner as the represented party would have been.

Section 3. Presentation of application [Order 33, rule 3] Section Notwithstanding anything contained in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of the Act, in which case the application may be presented by an authorised agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person.
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4. Examination of applicant [Order 33, rule 4]

AI-assisted research summary: The court may examine the applicant or the applicant's agent about the merits of the claim and the applicant's property when the application is properly presented.

Section 4. Examination of applicant [Order 33, rule 4] Section Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.
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5. Rejection of application [Order 33, rule 5]

AI-assisted research summary: An application may be rejected where it is not framed and presented in the manner prescribed in rules 2 and 3.

Section 5. Rejection of application [Order 33, rule 5] Section where it is not framed and presented in the manner prescribed in rules 2 and 3;
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6. Notice of day for receiving evidence of applicant’s pauperism [Order 33, rule 6]

AI-assisted research summary: The court must set a day to receive evidence of an applicant’s pauperism and must give at least ten days’ clear notice to the opposite party.

Section 6. Notice of day for receiving evidence of applicant’s pauperism [Order 33, rule 6] Section Where the court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten days’ clear notice shall be given to the opposite party) for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof.
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7. Procedure at hearing [Order 33, rule 7]

AI-assisted research summary: The court must examine witnesses, may examine the applicant or agent, make a memorandum of evidence, hear arguments on prohibitions under rule 5, and then allow or refuse the applicant to sue as a pauper.

Section 7. Procedure at hearing [Order 33, rule 7] Section 7(1) On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a memorandum of the substance of their evidence. Section 7(2) The court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the court as herein provided, the applicant is or is not subject to any of the prohibitions specified in rule 5. Section 7(3) The court shall then either allow or refuse to allow the applicant to sue as a pauper.
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8. Procedure if application admitted [Order 33, rule 8]

AI-assisted research summary: If the application is granted it is treated as the pleading and the suit proceeds as an ordinary suit, and the plaintiff is not liable to pay any court fee.

Section 8. Procedure if application admitted [Order 33, rule 8] Section Where the application is granted, it shall be deemed the pleading in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner except that the plaintiff shall not be liable to pay any court fee.
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9. Dispaupering [Order 33, rule 9]

AI-assisted research summary: A person is liable if he is guilty of vexatious or improper conduct in the course of the suit.

Section 9. Dispaupering [Order 33, rule 9] Section if he is guilty of vexatious or improper conduct in the course of the suit;
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1. Practice under this Order [Order 34, rule 1]

AI-assisted research summary: Applications for relief under this Order must be made by originating summons, except if the relief is sought in a pending suit when it must be by summons in that suit.

Section 1. Practice under this Order [Order 34, rule 1] Section An application for relief under this Order shall be made by originating summons unless made in a pending suit in which case it shall be made by summons in the suit.
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2. Averments to be proved by applicant [Order 34, rule 2]

AI-assisted research summary: The applicant must prove they have no interest in the disputed subject-matter except for charges or costs.

Section 2. Averments to be proved by applicant [Order 34, rule 2] Section that the applicant claims no interest in the subject-matter in dispute other than for charges or costs;
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3. Stay of suit [Order 34, rule 3]

AI-assisted research summary: If a defendant applies, the court may stay all further proceedings in the suit.

Section 3. Stay of suit [Order 34, rule 3] Section If the application is made by a defendant in a suit the court may stay all further proceedings in the suit.
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4. Order upon summons [Order 34, rule 4]

AI-assisted research summary: If the claimants attend the summons, the court may order that a claimant be made a defendant in an existing suit or that an issue between claimants be tried and may direct who is plaintiff and who is defendant.

Section 4. Order upon summons [Order 34, rule 4] Section If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.
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5. Summary procedure [Order 34, rule 5]

AI-assisted research summary: The court may, with both claimants' consent or on any claimant's request (if considering the dispute's value desirable), decide the merits of their claims summarily and on just terms.

Section 5. Summary procedure [Order 34, rule 5] Section The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the merits of their claims, and decide the same in a summary manner and on such terms as may be just.
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6. Costs and other orders [Order 34, rule 6]

AI-assisted research summary: The court may make orders it considers just and reasonable about costs and other matters, including sale or disposal of the dispute's subject-matter, and may give the applicant a charge over the subject-matter where costs are awarded in the applicant's favour.

Section 6. Costs and other orders [Order 34, rule 6] Section The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subject-matter of the dispute, and where an order for costs is in favour of the applicant the court may give him a charge over the subject-matter.
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7. Order upon a claimant’s failure to appear [Order 34, rule 7]

AI-assisted research summary: If a claimant served with a summons fails to appear or refuses to comply after appearing, the court may order that claimant and those claiming under them be forever barred against the applicant; orders do not affect claimants' rights among themselves, and no order may be made against the Government except on an application by summons served at least seven days before the return day.

Section 7. Order upon a claimant’s failure to appear [Order 34, rule 7] Section If a claimant, having been duly served with a summons calling him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons, or having appeared neglects or refuses to comply with any order made after his appearance, the court may make an order declaring him and all persons claiming under him forever barred against the applicant, and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves:Provided that no order shall be made against the Government under this rule except upon an application by summons served not less than seven days before the return day.
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8. Questions of law [Order 34, rule 8]

AI-assisted research summary: If the issue is purely a question of law and no facts are disputed, the court may decide the question without trying an issue.

Section 8. Questions of law [Order 34, rule 8] Section Where the question in issue is a question of law and no facts are disputed the court may decide the question without the trial of an issue.
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9. Adverse title of claimants [Order 34, rule 9]

AI-assisted research summary: The applicant may be granted relief notwithstanding the fact that the titles of the claimants have not a common origin but are adverse to and independent of one another.

Section 9. Adverse title of claimants [Order 34, rule 9] Section The applicant may be granted relief notwithstanding the fact that the titles of the claimants have not a common origin but are adverse to and independent of one another.
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1. Power to state case for court’s opinion [Order 35, rule 1]

AI-assisted research summary: Parties who claim an interest in a question of fact or law may agree in writing to state the question to the court; if the court decides the question a party may be required to pay money, deliver specified property, or do or refrain from a specified act.

Section 1. Power to state case for court’s opinion [Order 35, rule 1] Section 1(1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the court, and providing that, upon the finding of the court with respect to such question— Section 1(1)(a) a sum of money fixed by the parties or to be determined by the court shall be paid by one of the parties to the other of them; or Section 1(1)(b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or Section 1(1)(c) one or more of the parties shall do, or refrain from doing, some other particular act specified in the agreement. Section 1(2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the court to decide the question raised thereby.
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2. Where value of subject-matter must be stated [Order 35, rule 2]

AI-assisted research summary: If an agreement is for delivery of property or for doing or refraining from an act, the agreement must state the estimated value of the property or value to which the act refers.

Section 2. Where value of subject-matter must be stated [Order 35, rule 2] Section Where the agreement is for the delivery of any property, or for the doing or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the specified act has reference, shall be stated in the agreement.
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3. Agreement to be filed and registered as suit [Order 35, rule 3]

AI-assisted research summary: An agreement that meets the rules may be filed in the court with jurisdiction over a suit for the same subject-matter, and when filed it will be numbered and registered as a suit and notice given to the parties (except the presenting party or parties).

Section 3. Agreement to be filed and registered as suit [Order 35, rule 3] Section 3(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed in the court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement. Section 3(2) The agreement, when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party or parties by whom it is presented.
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4. Parties to be subject to court’s jurisdiction [Order 35, rule 4]

AI-assisted research summary: If an agreement has been filed, the parties to it must submit to the court’s jurisdiction and be bound by the statements in the agreement.

Section 4. Parties to be subject to court’s jurisdiction [Order 35, rule 4] Section Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the court and shall be bound by the statements contained therein.
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5. Hearing and disposal of case [Order 35, rule 5]

AI-assisted research summary: The case must be set down for hearing as an ordinary suit and Order 11 applies to such a suit where applicable.

Section 5. Hearing and disposal of case [Order 35, rule 5] Section 5(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of Order 11 shall apply to such suit so far as the same are applicable. Section 5(2) Where the court is satisfied, after examination of the parties, or after taking such evidence as it thinks fit— Section 5(2)(a) that the agreement was duly executed by them; Section 5(2)(b) that they have abona fideinterest in the question stated therein; and Section 5(2)(c) that the same is fit to be decided,
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1. Summary judgment [Order 36, rule 1]

AI-assisted research summary: Summary judgment applies in certain suits; the application must be supported by an affidavit of the plaintiff or another person who can swear positively to the facts verifying the cause of action and any amount claimed.

Section 1. Summary judgment [Order 36, rule 1] Section 1(1) In all suits where a plaintiff seeks judgment for— Section 1(1)(a) a liquidated demand with or without interest; or Section 1(1)(b) the recovery of land, with or without a claim for rent ormesneprofits, by a landlord from a tenant whose term has expired or been determined by notice to quit or been forfeited for non-payment of rent or for breach of covenant, or against persons claiming under such tenant or against a trespasser, Section 1(2) The application shall be supported by an affidavit either of the plaintiff or of some other person who can swear positively to the facts verifying the cause of action and any amount claimed. Section 1(3) Sufficient notice of the application shall be given to the defendant which notice shall in no case be less than seven days.
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10. Setting aside of judgment [Order 36, rule 10]

AI-assisted research summary: A judgment given against any party who did not attend the hearing of an application under this Order may, on application, be set aside or varied on such terms as are just.

Section 10. Setting aside of judgment [Order 36, rule 10] Section Any judgment, given against any party who did not attend at the hearing of an application under this Order, may, on application be set aside or varied on such terms as are just.
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2. Defendant may show cause [Order 36, rule 2]

AI-assisted research summary: The defendant may show cause to obtain leave to defend the suit.

Section 2. Defendant may show cause [Order 36, rule 2] Section The defendant may show either by affidavit, or by oral evidence, or otherwise that he should have leave to defend the suit.
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3. Application by Government [Order 36, rule 3]

AI-assisted research summary: An application under rule 1 by the Government may be verified by an affidavit of the Attorney‑General stating his belief that the plaintiff is entitled to the relief claimed and that there is no defence.

Section 3. Application by Government [Order 36, rule 3] Section 3(1) An application under rule 1 by the Government may be verified by an affidavit of the Attorney-General stating that to the best of his knowledge and belief the plaintiff is entitled to the relief claimed and there is no defence to the action. Section 3(2) No application under rule 1 shall be made against the Government.
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4. Time for defence [Order 36, rule 4]

AI-assisted research summary: A defendant who is granted leave to defend must file his defence within fourteen days of the grant of leave unless the court otherwise orders.

Section 4. Time for defence [Order 36, rule 4] Section If a defendant is granted leave to defend he shall file his defence within fourteen days of the grant of leave unless the court otherwise orders.
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5. Judgment for part of claim [Order 36, rule 5]

AI-assisted research summary: If the defendant’s affidavit defence applies only to part of the claim or part of the claim is admitted, the plaintiff must immediately obtain judgment for that part, subject to any terms the court orders; the defendant may be allowed to defend the remaining claim.

Section 5. Judgment for part of claim [Order 36, rule 5] Section If it appears that the defence set up in the affidavit by the defendant applies only to a part of the plaintiff’s claim, or that any part of his claim is admitted, the plaintiff shall have judgment forthwith for such part of his claim as the defence does not apply to, or as is admitted, subject to such terms, if any, as to suspending execution, or the payment of the amount realised or any part thereof into court, the taxation of costs, or otherwise as the court thinks fit, and the defendant may be allowed to defend as to the residue of the plaintiff’s claim.
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6. Procedure where more than one defendant [Order 36, rule 6]

AI-assisted research summary: If one defendant has a good defence and another does not, the plaintiff is entitled to judgment against the defendant without a good defence and may execute the decree against that defendant, while the court may permit the defendant with a good defence to continue defending.

Section 6. Procedure where more than one defendant [Order 36, rule 6] Section If it appears to the court that any defendant has a good defence to, or ought to be permitted to defend the suit, and that any other defendant has not a good defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to judgment against the latter and may obtain execution of the decree thereon, without prejudice to his right to proceed with his suit against the former.
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7. Leave to defend [Order 36, rule 7]

AI-assisted research summary: A court may grant leave to defend either unconditionally or subject to terms (for example, requiring security or setting the time of trial).

Section 7. Leave to defend [Order 36, rule 7] Section Leave to defend may be given unconditionally, or subject to such terms as to giving security or time of trial or otherwise, as the court thinks fit.
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8. Costs [Order 36, rule 8]

AI-assisted research summary: The court must determine costs for applications under this Order at the hearing and order who pays and when; if an application under the Order is dismissed under the circumstances in section 8(2), the plaintiff must pay costs forthwith.

Section 8. Costs [Order 36, rule 8] Section 8(1) The costs of and incidental to all applications under this Order shall be dealt with by the court on the hearing of the application, and the court shall order by and to whom, and when the same shall be paid, or may reserve them to be dealt with at the trial:Provided that in case no trial afterwards takes place, or no order as to costs is made, the costs are to be costs in the cause. Section 8(2) If the plaintiff makes an application under this Order where the case is not within the Order, or where the plaintiff in the opinion of the court, knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, the application may be dismissed with costs to be paid forthwith by the plaintiff.
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9. Forms [Order 36, rule 9]

AI-assisted research summary: Use Forms Nos. 24 and 25 of Appendix A, adapted to circumstances, for the respective purposes for which they are designed.

Section 9. Forms [Order 36, rule 9] Section Form Nos. 24 and 25 of Appendix A, adapted to circumstances, shall be utilised for the respective purposes for which they are designed.
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1. Who may take out originating summons and in respect of what matters [Order 37, rule 1]

AI-assisted research summary: Persons claiming to be a creditor, devisee, legatee, heir or cestui que trust may take out an originating summons in respect of any question affecting their rights or interests.

Section 1. Who may take out originating summons and in respect of what matters [Order 37, rule 1] Section any question affecting the rights or interest of the person claiming to be creditor, devisee, legatee, heir orcestui quetrust;
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10. Summons by a member of a partnership [Order 37, rule 10]

AI-assisted research summary: If there is no dispute about a partnership's existence, any partner (or their representatives) may start an originating summons in chambers against partners or former partners to dissolve the partnership and take accounts to wind it up.

Section 10. Summons by a member of a partnership [Order 37, rule 10] Section When the existence of a partnership, or the right to a partnership, or the fact of the dissolution thereof, is not in dispute, any partner in a firm or his representatives may take out an originating summons returnable before the judge sitting in chambers against his partners or former partners or their representatives (if any) for the purpose of having the partnership dissolved (if it be still subsisting) and for the purpose of taking the accounts of and winding up such partnership.
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11. Summons by persons interested in deeds or wills [Order 37, rule 11]

AI-assisted research summary: A person who claims an interest under a deed, will, or other written instrument may apply in chambers by originating summons to resolve questions of construction and to obtain a declaration of their rights.

Section 11. Summons by persons interested in deeds or wills [Order 37, rule 11] Section Any person claiming to be interested under a deed, will, or other written instrument, may apply in chambers by originating summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the person interested.
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12. Variation of trusts [Order 37, rule 12]

AI-assisted research summary: Applications for an order under the Trustee Act must be made by originating summons returnable before the judge sitting in chambers, and the settler and any person who provided property for the trusts must, if alive and not an applicant (unless a judge otherwise directs), be made respondents to the summons.

Section 12. Variation of trusts [Order 37, rule 12] Section An application for an order under the Trustee Act shall be made by originating summons returnable before the judge sitting in chambers; and the settler and any other person who provided property for the purposes of the trusts in question shall, if still alive and not an applicant and unless a judge for special reasons otherwise directs, be made a respondent to summons in addition to any other persons who are necessary and proper respondents thereto.
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13. Discretion upon summons for construction of document [Order 37, rule 13]

AI-assisted research summary: A judge may decline to decide a question of construction on originating summons if, in the judge's opinion, it should not be determined on originating summons.

Section 13. Discretion upon summons for construction of document [Order 37, rule 13] Section The judge shall not be bound to determine any such question of construction if, in his opinion, it ought not to be determined on originating summons.
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14. Forms [Order 37, rule 14]

AI-assisted research summary: An originating summons must be in Form No. 26 or No. 27 of Appendix A; it must be prepared by the applicant or his advocate and filed in court; where service is necessary it must be effected in accordance with Order 5.

Section 14. Forms [Order 37, rule 14] Section An originating summons shall be in Form No. 26 or No. 27 of Appendix A with such variations as circumstances may require, and shall be prepared by the applicant or his advocate and shall be filed in court; service where necessary shall be effected in accordance with Order 5.
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15. Summons to be filed and registered [Order 37, rule 15]

AI-assisted research summary: When an originating summons is filed it must be entered in the register of suits, and the letters “O.S.” must be placed after the serial number to distinguish it from plaints in ordinary suits.

Section 15. Summons to be filed and registered [Order 37, rule 15] Section The originating summons when filed shall be filed and entered in the register of suits, but after the serial number the letters “O.S.” shall be placed to distinguish it from plaints filed in ordinary suits.
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16. Directions [Order 37, rule 16]

AI-assisted research summary: The registrar must, within thirty days after the Originating Summons is filed and with notice to the parties, list it for directions before a judge in chambers.

Section 16. Directions [Order 37, rule 16] Section The registrar shall, within thirty days of filing of the Originating Summons and with notice to the parties list it for directions before a judge in chambers.
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17. Procedure [Order 37, rule 17]

AI-assisted research summary: After appearance, the day and hour of attendance under an originating summons shall be fixed for hearing in chambers of the judge to whom the summons is assigned.

Section 17. Procedure [Order 37, rule 17] Section The day and hour of attendance under an originating summons to which an appearance is required to be entered shall after appearance be fixed for hearing in chambers of the judge to whom such summons is assigned.
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18. Evidence and directions upon hearing of summons [Order 37, rule 18]

AI-assisted research summary: If, at the time of directions, the parties disagree about the correctness or sufficiency of the facts in the summons and affidavit, the judge may order further evidence, give directions for trial issues, and make amendments to the summons to reflect existing facts and raise matters in issue.

Section 18. Evidence and directions upon hearing of summons [Order 37, rule 18] Section At the time of directions, if the parties do not agree to the correctness and sufficiency of the facts set forth in the summons and affidavit, the judge may order the summons to be supported by such further evidence as he may deem necessary, and may give such directions as he may think just for the trial of any issues arising thereupon, and may make any amendments necessary to make the summons accord with existing facts, and to raise the matters in issue between the parties.
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19. Powers of court upon hearing of summons [Order 37, rule 19]

AI-assisted research summary: The court may order that proceedings begun by originating summons continue as if begun by filing a plaint, and may order that affidavits filed stand as pleadings.

Section 19. Powers of court upon hearing of summons [Order 37, rule 19] Section 19(1) Where, on an originating summons under this Order, it appears to the court at any stage of the proceedings that the proceedings should for any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings, with or without liberty to any of the parties to add to, or to apply for particulars of, those affidavits. Section 19(2) Where the court makes an order under subrule (1), Order 11 shall apply. Section 19(3) This rule applies notwithstanding that the cause could not have been begun by filing a plaint. Section 19(4) Any reference in these Rules to proceedings begun by a plaint shall, unless the context otherwise requires, be construed as including a reference to a cause proceeding under an order made under subrule (1).
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2. Order for administration of estate or trust [Order 37, rule 2]

AI-assisted research summary: Order for administration of the personal estate of the deceased.

Section 2. Order for administration of estate or trust [Order 37, rule 2] Section the administration of the personal estate of the deceased;
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20. Court may make orders as to costs incurred by any party [Order 37, rule 20]

AI-assisted research summary: The judge may order costs taxed on the scale for suits if the question is sufficiently important, or in other cases may make such costs orders as he considers just.

Section 20. Court may make orders as to costs incurred by any party [Order 37, rule 20] Section If an originating summons is adjourned into court, the judge may, if he deems the question to be determined is of sufficient importance, order that the costs be taxed on the scale applicable to suits. In all other cases the judge may make such orders as to the costs of the parties as he considers just.
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3. Summons by vendor or purchaser of land [Order 37, rule 3]

AI-assisted research summary: A vendor or purchaser of immovable property (or their representatives) may at any time take out an originating summons returnable before the judge in chambers to determine requisitions, objections, claims for compensation, or other questions connected with the contract of sale (except questions about the existence or validity of the contract).

Section 3. Summons by vendor or purchaser of land [Order 37, rule 3] Section A vendor or purchaser of immovable property or their representatives respectively may, at any time or times, take out an originating summons returnable before the judge sitting in chambers, for the determination of any question which may arise in respect of any requisitions or objections, or any claim for compensation; or any other question arising out of or connected with the contract of sale (not being a question affecting the existence or validity of the contract).
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4. Summons by a mortgagee, mortgagor and others [Order 37, rule 4]

AI-assisted research summary: Mortgagees, mortgagors, and certain persons with related rights may file an originating summons in chambers to seek relief such as sale, foreclosure, possession, redemption, or reconveyance.

Section 4. Summons by a mortgagee, mortgagor and others [Order 37, rule 4] Section Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable before the judge in chambers, for such relief of the nature or kind following as may be by the summons specified, and as the circumstances of the case may require; that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee.
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5. Caveats [Order 37, rule 5]

AI-assisted research summary: An application under section 71 of the Land Registration Act must be made by originating summons, except that if a suit involving the same lands is pending the application may be made by summons in that suit.

Section 5. Caveats [Order 37, rule 5] Section An application under section 71 of the Land Registration Act (Cap. 300) shall be made by originating summons unless there is pending a suit involving the same lands when the application may be made by summons in that suit.
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6. Extension of limitation period [Order 37, rule 6]

AI-assisted research summary: An application under section 27 of the Limitation of Actions Act made before filing a suit must be made ex parte by originating summons supported by affidavit; applications made after filing must be made ex parte in that suit.

Section 6. Extension of limitation period [Order 37, rule 6] Section 6(1) An application under section 27 of the Limitation of Actions Act (Cap. 22) made before filing a suit shall be madeex parteby originating summons supported by affidavit. Section 6(2) Any such application made after the filing of a suit shall be madeex partein that suit.
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7. Adverse possession [Order 37, rule 7]

AI-assisted research summary: Applications under section 38 of the Limitation of Actions Act must be made by originating summons; the summons must be supported by an affidavit with a certified extract of title annexed; the court must direct on whom and in what manner the summons is served.

Section 7. Adverse possession [Order 37, rule 7] Section 7(1) An application under section 38 of the Limitation of Actions Act (Cap. 22) shall be made by originating summons. Section 7(2) The summons shall be supported by an affidavit to which a certified extract of the title to the land in question has been annexed. Section 7(3) The court shall direct on whom and in what manner the summons shall be served.
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8. Application under the Registered Land Act [Order 37, rule 8]

AI-assisted research summary: Applications under the Land Registration Act (Cap. 300) except those under Part VII or Part VIII must be made by originating summons, unless there is a pending suit involving the same lands, in which case the application may be made in that suit.

Section 8. Application under the Registered Land Act [Order 37, rule 8] Section An application under the Land Registration Act (Cap. 300) other than under Part VII and Part VIII thereof shall be made by originating summons unless there is pending a suit involving the same lands when the application may be made in that suit.[L.N. 22/2020, r. 21.]
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9. Application under Chattels Transfer Act [Order 37, rule 9]

AI-assisted research summary: An application under section 9 of the Chattels Transfer Act (Cap. 28) shall be made by originating summons ex parte supported by an affidavit setting out the grounds relied upon.

Section 9. Application under Chattels Transfer Act [Order 37, rule 9] Section An application under section 9 of the Chattels Transfer Act (Cap. 28) shall be made by originating summonsex partesupported by an affidavit setting out the grounds relied upon.
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1. Staying several suits against the same defendant [Order 38, rule 1]

AI-assisted research summary: The court may select one of multiple suits against the same defendant to be tried as a test case and stay proceedings in the other suits if certain conditions are met.

Section 1. Staying several suits against the same defendant [Order 38, rule 1] Section Where two or more persons have instituted suits against the same defendant and such persons under rule 1 of Order I could have been joined as co-plaintiffs in one suit, upon the application of any of the parties with notice to all affected parties, the court may, if satisfied that the issues to be tried in each suit are precisely similar, make an order directing that one of the suits be tried as a test case, and staying all steps in the other suits until the selected suit shall have been determined, or shall have failed to be a real trial of the issues.
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2. Staying similar suits upon application by defendant [Order 38, rule 2]

AI-assisted research summary: The court may stay a defendant's suit if, on the defendant's application, the issues to be tried are precisely similar to those in another suit, until that other suit is determined or fails to be a real trial.

Section 2. Staying similar suits upon application by defendant [Order 38, rule 2] Section Where a plaintiff has instituted two or more suits, and under rule 3 of Order 1 the several dependants could properly have been joined as co-defendants in one suit, the court, if satisfied upon the application of a defendant that the issues to be tried in the suit to which he is a party are precisely similar to the issues to be determined in another of such suits, may order that the suit to which such defendant is a party be stayed until such other suit shall have been determined or shall have failed to be a real trial of the issues.
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1. Where defendant may be called upon to furnish security for appearance [Order 39, rule 1]

AI-assisted research summary: A defendant may be called upon to furnish security for appearance.

Section 1. Where defendant may be called upon to furnish security for appearance [Order 39, rule 1] Section has absconded or left the local limits of the jurisdiction of the court; or
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10. Attachment before judgment not to affect rights of strangers nor bar decree-holder from applying for sale [Order 39, rule 10]

AI-assisted research summary: Attachment before judgment must not affect the pre-existing rights of strangers to the suit and must not prevent a decree-holder from asking for sale of the attached property to execute their decree.

Section 10. Attachment before judgment not to affect rights of strangers nor bar decree-holder from applying for sale [Order 39, rule 10] Section Attachment before judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree.
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11. Property attached before judgment not to be re-attached in execution of decree [Order 39, rule 11]

AI-assisted research summary: When property is already attached under this Order and a decree is later given for the plaintiff, it is not necessary to apply again to attach the same property when executing that decree.

Section 11. Property attached before judgment not to be re-attached in execution of decree [Order 39, rule 11] Section Where property is under attachment by virtue of this Order, and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary, upon an application for execution of such decree, to apply for a re-attachment of the property.
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2. Security [Order 39, rule 2]

AI-assisted research summary: If a defendant cannot show cause, the court must order him to deposit money or other property, or to furnish security for appearance, or make another fitting order; every surety must pay sums due if the defendant defaults on appearance.

Section 2. Security [Order 39, rule 2] Section 2(1) Where the defendant fails to show such cause the court shall order him either to deposit in court money or other property sufficient to answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of the decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to rule 1. Section 2(2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit.
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3. Procedure on application by surety to be discharged [Order 39, rule 3]

AI-assisted research summary: A surety may apply to the court that accepted his suretyship to be released; the court must summon the defendant or may issue a warrant, and on the defendant's appearance or surrender the court must discharge the surety and call for fresh security.

Section 3. Procedure on application by surety to be discharged [Order 39, rule 3] Section 3(1) A surety for the appearance of a defendant may at any time apply to the court in which he became a surety to be discharged from his obligation. Section 3(2) On such application being made the court shall summon the defendant to appear, or, if it thinks fit, may issue a warrant for his arrest in the first instance. Section 3(3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary surrender, the court shall direct the surety to be discharged from his obligation and shall call upon the defendant to find fresh security.
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4. Procedure where defendant fails to furnish security or find fresh security [Order 39, rule 4]

AI-assisted research summary: No person may be detained in prison under this rule for more than six months, and if the suit's subject-matter is valued at not more than Kenya Shillings ten thousand, not for more than six weeks.

Section 4. Procedure where defendant fails to furnish security or find fresh security [Order 39, rule 4] Section no person shall be detained in prison under this rule in any case for a longer period than six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the suit does not Kenya Shillings ten thousand; and
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5. Where defendant may be called upon to furnish security for production of property [Order 39, rule 5]

AI-assisted research summary: Court may require a defendant to furnish security for production of property if satisfied the defendant intends to obstruct or delay execution by disposing of or removing property; the plaintiff shall, unless the court otherwise directs, specify the property and its estimated value; the court may direct conditional attachment of that property.

Section 5. Where defendant may be called upon to furnish security for production of property [Order 39, rule 5] Section 5(1) Where at any stage of a suit the court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him— Section 5(1)(a) is about to dispose of the whole or any part of his property; Section 5(1)(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court, Section 5(2) The plaintiff shall, unless the court otherwise directs, specify the property required to be attached and the estimated value thereof. Section 5(3) The court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
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6. Attachment where cause not shown or security not furnished [Order 39, rule 6]

AI-assisted research summary: If the defendant does not show cause or furnish required security in the time fixed by the court, the court may order attachment of specified property; if the defendant later shows cause or furnishes security and property has been attached, the court shall order the attachment withdrawn or make another order.

Section 6. Attachment where cause not shown or security not furnished [Order 39, rule 6] Section 6(1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the court, the court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached. Section 6(2) Where the defendant shows such cause or furnishes the required security, and the property specified or any portion of it has been attached, the court shall order the attachment to be withdrawn, or make such other order as it thinks fit.
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7. Mode of making attachment [Order 39, rule 7]

AI-assisted research summary: Unless expressly provided otherwise, attachment must be made in the same manner as attachment of property in execution of a decree.

Section 7. Mode of making attachment [Order 39, rule 7] Section Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.
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8. Investigation or claim to property attached before judgment [Order 39, rule 8]

AI-assisted research summary: When any claim is preferred to property attached before judgment, that claim shall be investigated in the manner provided earlier for investigating claims to property attached in execution of a decree for the payment of money.

Section 8. Investigation or claim to property attached before judgment [Order 39, rule 8] Section Where any claim is preferred to property attached before judgment, such claim shall be investigated in the manner hereinbefore provided for the investigation of claims to property attached in execution of a decree for the payment of money.
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9. Removal of attachment when security furnished or suit dismissed [Order 39, rule 9]

AI-assisted research summary: When an order for attachment before judgment exists, the court must withdraw the attachment if the defendant furnishes the required security (including security for attachment costs) or if the suit is dismissed.

Section 9. Removal of attachment when security furnished or suit dismissed [Order 39, rule 9] Section Where an order is made for attachment before judgment, the court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the costs of the attachment, or when the suit is dismissed.
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1. Cases in which temporary injunction may be granted [Order 40, rule 1]

AI-assisted research summary: A temporary injunction may be granted where any property in dispute in a suit is in danger of being wasted, damaged, alienated by a party, or wrongfully sold in execution of a decree.

Section 1. Cases in which temporary injunction may be granted [Order 40, rule 1] Section that any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree; or
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10. Detention, preservation, inspection of property [Order 40, rule 10]

AI-assisted research summary: The court may, on application by a party and on terms it thinks fit, order detention, preservation or inspection of property, authorise entry onto land or buildings, and authorise sampling, observation or experiments for obtaining evidence.

Section 10. Detention, preservation, inspection of property [Order 40, rule 10] Section 10(1) The court may, on the application of any party to a suit, and on such terms as it thinks fit— Section 10(1)(a) make an order for the detention, preservation, or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein; Section 10(1)(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such suit; or Section 10(1)(c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation to be made, or experiment to be tried, which may seem necessary or expedient for the purpose of obtaining full information or evidence. Section 10(2) The provisions as to execution of process shall applymutatis mutandisto persons authorised to enter under this rule.
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11. Deposit of money and other deliverables [Order 40, rule 11]

AI-assisted research summary: If the subject of a suit is money or a deliverable thing and a party admits it belongs to another or is held as trustee, the court may order the money or thing deposited in court or delivered to that party, with or without security, subject to the court's further direction.

Section 11. Deposit of money and other deliverables [Order 40, rule 11] Section Where the subject-matter of a suit is money or some other thing capable of delivery, and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court or delivered to such last named party, with or without security, subject to the further direction of the court.
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2. Injunction to restrain breach of contract or other injury [Order 40, rule 2]

AI-assisted research summary: After a suit starts the plaintiff may apply to the court for a temporary injunction to restrain the defendant from committing the complained-of breach or similar injury; the court may grant the injunction on terms it deems fit.

Section 2. Injunction to restrain breach of contract or other injury [Order 40, rule 2] Section 2(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any injury of a like kind arising out of the same contract or relating to the same property or right. Section 2(2) The court may by order grant such injunction on such terms as to an inquiry as to damages, the duration of the injunction, keeping an account, giving security or otherwise, as the court deems fit.
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3. Consequence of breach [Order 40, rule 3]

AI-assisted research summary: The court that grants an injunction may attach the property of a person guilty of disobedience or breach, may detain that person in prison for up to six months (unless the court directs release), may award compensation from sale proceeds, and must pay any remaining balance to the entitled party.

Section 3. Consequence of breach [Order 40, rule 3] Section 3(1) In cases of disobedience, or of breach of any such terms, the court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in prison for a term not exceeding six months unless in the meantime the court directs his release. Section 3(2) No attachment under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds the court may award such compensation as it thinks fit, and shall pay the balance, if any, to the party entitled thereto. Section 3(3) An application under this rule shall be made by notice of motion in the same suit.
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4. Notice of application [Order 40, rule 4]

AI-assisted research summary: Court may hear an application ex parte if delay would defeat the object of granting the injunction; applicants must serve the order, application and pleading within three days and failure to serve causes the injunction to lapse.

Section 4. Notice of application [Order 40, rule 4] Section 4(1) Where the court is satisfied for reasons to be recorded that the object of granting the injunction would be defeated by the delay, it may hear the applicationex parte. Section 4(2) Anex parteinjunction may be granted only once for not more than fourteen days and shall not be extended thereafter except once by consent of parties or by the order of the court for a period not exceeding fourteen days. Section 4(3) In any case where the court grants anex parteinjunction the applicant shall within three days from the date of issue of the order serve the order, the application and pleading on the party sought to be restrained. In default of service of any of the documents specified under this rule, the injunction shall automatically lapse. Section 4(4) All applications under this order shall be heard expeditiously and in any event within sixty days from the date of filing unless the court for good reason extends the time.
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5. Ruling of the court [Order 40, rule 5]

AI-assisted research summary: In injunction applications the court must deliver its ruling either immediately or within thirty days after the hearing, with notice to the parties; if not delivered within thirty days the judge must record the reason and fix a date for ruling.

Section 5. Ruling of the court [Order 40, rule 5] Section In all applications for injunction, the court shall, afterinter-parteshearing deliver its ruling either at once or within thirty days of the conclusion of the hearing with notice to the parties or their advocates;Provided where the ruling is not delivered within thirty days, the judge shall record the reason therefor and immediately fix a date for ruling.
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6. Lapse of injunction [Order 40, rule 6]

AI-assisted research summary: If a suit for which an interlocutory injunction was granted is not decided within twelve months of the grant, the injunction lapses unless the court, for sufficient reason, orders otherwise.

Section 6. Lapse of injunction [Order 40, rule 6] Section Where a suit in respect of which an interlocutory injunction has been granted is not determined within a period of twelve months from the date of the grant, the injunction shall lapse unless for any sufficient reason the court orders otherwise.
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7. Order for injunction may be discharged, varied, or set aside [Order 40, rule 7]

AI-assisted research summary: The court may discharge, vary or set aside any injunction order when a dissatisfied party applies.

Section 7. Order for injunction may be discharged, varied, or set aside [Order 40, rule 7] Section Any order for an injunction may be discharged, or varied, or set aside by the court on application made thereto by any party dissatisfied with such order.
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8. Injunction against corporation binding on its officers [Order 40, rule 8]

AI-assisted research summary: An injunction against a corporation binds the corporation and also its members and officers whose personal action the injunction seeks to restrain.

Section 8. Injunction against corporation binding on its officers [Order 40, rule 8] Section An injunction directed to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal action it seeks to restrain.
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9. Power to order interim sale [Order 40, rule 9]

AI-assisted research summary: The court may order the interim sale of movable property on application by any party to the suit when the property is subject to decay or other just cause.

Section 9. Power to order interim sale [Order 40, rule 9] Section The court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural decay, or which for other just and sufficient cause it may be desirable to have sold at once.
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1. Issue of summons [Order 5, rule 1]

AI-assisted research summary: Summons must be signed and sealed by the judge or an officer appointed by the judge within thirty days of filing; the plaintiff or their advocate must prepare and file the summons with the plaint.

Section 1. Issue of summons [Order 5, rule 1] Section 1(1) When a suit has been filed a summons shall issue to the defendant ordering him to appear within the time specified therein. Section 1(2) Every summons shall be signed by the judge or an officer appointed by the judge and shall be sealed with the seal of the court without delay, and in any event not more than thirty days from the date of filing suit. Section 1(3) Every summons shall be accompanied by a copy of the plaint. Section 1(4) The time for appearance shall be fixed with reference to the place of residence of the defendant so as to allow him sufficient time to appear:Provided that the time for appearance shall not be less than ten days. Section 1(5) Every summons shall be prepared by the plaintiff or his advocate and filed with the plaint to be signed in accordance with subrule (2) of this rule. Section 1(6) Every summons, except where the court is to effect service, shall be collected for service within thirty days of issue, failing which the suit shall abate.[L.N. 22/2020, r. 5.]
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10. Service on agent by whom defendant carries on business [Order 5, rule 10]

AI-assisted research summary: Service of process on a manager or agent who personally carries on the defendant's business within the court’s local limits is treated as valid service; the master of a ship is treated as an agent of the owner or charterer for this purpose.

Section 10. Service on agent by whom defendant carries on business [Order 5, rule 10] Section 10(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the court from which the summons is issued, service on any manager or agent, who at the time of service personally carries on such business or work for such person within such limits, shall be deemed good service. Section 10(2) For the purpose of this rule, the master of a ship shall be deemed to be an agent of the owner or charterer.
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11. Service on agent in charge in suits for immovable property [Order 5, rule 11]

AI-assisted research summary: If the defendant cannot be served in person in a suit concerning immovable property, service may be made on an agent of the defendant empowered to accept service or on the agent in charge of the property.

Section 11. Service on agent in charge in suits for immovable property [Order 5, rule 11] Section Where, in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, it may be made on an agent of the defendant empowered to accept service or on the agent of the defendant in charge of the property.
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12. Service on agent or adult [Order 5, rule 12]

AI-assisted research summary: If, after reasonable attempts, the defendant in a suit cannot be found, service may be made on an agent empowered to accept service or on any adult family member residing with the defendant.

Section 12. Service on agent or adult [Order 5, rule 12] Section Where in any suit, after a reasonable number of attempts have been made to serve the defendant, and defendant cannot be found, service may be made on an agent of the defendant empowered to accept service or on any adult member of the family of the defendant who is residing with him.
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13. Person served to sign acknowledgment [Order 5, rule 13]

AI-assisted research summary: If a duplicate summons is delivered to the defendant or to an agent or other person on their behalf, that person must endorse an acknowledgment of service on the original summons; if they refuse, the court may declare the summons duly served.

Section 13. Person served to sign acknowledgment [Order 5, rule 13] Section Where a duplicate of the summons is duly delivered or tendered to the defendant personally or to an agent or other person on his behalf, the defendant or such agent or other person shall be required to endorse an acknowledgment of service on the original summons:Provided that, if the court is satisfied that the defendant or such agent or other person has refused so to endorse, the court may declare the summons to have been duly served.
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14. Procedure when defendant refuses to accept service or cannot be found [Order 5, rule 14]

AI-assisted research summary: If a serving officer, after using due diligence, cannot find the defendant or anyone to serve, the serving officer must affix a copy of the summons to a conspicuous part of the defendant's residence or place of work and must return the original to the issuing court with an affidavit of service.

Section 14. Procedure when defendant refuses to accept service or cannot be found [Order 5, rule 14] Section Where the serving officer, after using all due and reasonable diligence, cannot find the defendant, or any person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the court from which it was issued, together with an affidavit of service.
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15. Affidavit of service [Order 5, rule 15]

AI-assisted research summary: The serving officer must swear and attach an affidavit of service to the original summons stating when, how, and who was served; knowingly making a false affidavit is an offence punishable by a fine up to five thousand shillings or one month's imprisonment or both.

Section 15. Affidavit of service [Order 5, rule 15] Section 15(1) The serving officer in all cases in which summons has been served under any of the foregoing rules of this Order shall swear and annex or cause to be annexed to the original summons an affidavit of service stating the time when and the manner in which summons was served and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of summons. The affidavit of service shall be in Form No 4 of Appendix A with such variations as circumstances may require. Section 15(2) Any person who knowingly makes a false affidavit of service shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or one month’s imprisonment or both.
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16. Examination of serving officer [Order 5, rule 16]

AI-assisted research summary: If there is an allegation that a summons was not properly served, the court may examine the serving officer (or have another court do so) and must either declare the summons duly served or order service as it thinks fit.

Section 16. Examination of serving officer [Order 5, rule 16] Section On any allegation that a summons has not been properly served, the court may examine the serving officer on oath, or cause him to be so examined by another court, touching his proceedings, and may make such further inquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit.
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17. Substituted service [Order 5, rule 17]

AI-assisted research summary: If personal service of a summons cannot be effected under the preceding rules, the court may, on application, order substituted service (for example by affixing a copy in a conspicuous place), and where it does so the court must fix a time for the defendant's appearance.

Section 17. Substituted service [Order 5, rule 17] Section 17(1) Where the court is satisfied that for any reason the summons cannot be served in accordance with any of the preceding rules of this Order, the court may on application order the summons to be served by affixing a copy thereof in some conspicuous place in the court-house, and also upon some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit. Section 17(2) Substituted service under an order of the court shall be as effectual as if it had been made on the defendant personally. Section 17(3) Where the court makes an order for substituted service it shall fix such time for the appearance of the defendant as the case may require. Section 17(4) Unless otherwise directed, where substituted service of a summons is ordered under this rule to be by advertisement, the advertisement shall be in Form No. 5 of Appendix A with such variations as the circumstances require.
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18. Service on defendant in prison [Order 5, rule 18]

AI-assisted research summary: If the defendant is confined in prison, the summons must be served on him personally in the presence of the officer in charge of the prison.

Section 18. Service on defendant in prison [Order 5, rule 18] Section Where the defendant is confined in a prison, the summons shall be served on him personally in the presence of the officer in charge of the prison.
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19. Service on public officers and soldiers [Order 5, rule 19]

AI-assisted research summary: The court may send a summons for service to a public officer's head of office when convenient; if the defendant is a soldier (not an officer) the court must send the summons to his commanding officer, with a copy for the defendant.

Section 19. Service on public officers and soldiers [Order 5, rule 19] Section 19(1) Where the defendant is a public officer or an officer of a local authority, the court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he is employed, together with a copy to be retained by the defendant. Section 19(2) Where the defendant is a soldier (but not an officer), the court shall send the summons for service to his commanding officer, together with a copy to be retained by the defendant.

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