Civil Procedure Rules

AI-assisted research summary: The court may extend the validity of an unserved summons and may dismiss a suit after 24 months from issue if no application to extend has been made.

AI-assisted research summary: A person who is delivered or sent a summons must, if possible, serve it and return it signed with a written acknowledgment of the defendant (the signature is evidence). If service is impossible, the person must return the summons to the court with a full statement of the cause and steps taken (that statement is evidence).

AI-assisted research summary: Service out of Kenya applies when the whole subject-matter of the suit is immovable property situate in Kenya (with or without rents and profits).

AI-assisted research summary: The court may allow service out of Kenya of certain originating or other process or notices; and the court may inform persons with interests in local property of proceedings affecting those interests.

AI-assisted research summary: An officer of the court authorized to effect service must file an Affidavit of Service attaching the courier way bill or consignment note confirming service.

AI-assisted research summary: An officer of the court authorized to effect service must file an Affidavit of Service attaching the electronic mail delivery receipt confirming service.

AI-assisted research summary: Mobile-enabled messaging applications may send summonses to a defendant's last known telephone number; service is deemed on the day sent subject to business-hours rules; service is effected when the sender receives a delivery receipt; an authorized officer of the court must file an Affidavit of Service attaching the delivery receipt.

AI-assisted research summary: Leave to serve a summons or notice of a summons or other process has been allowed under rule 21 or 22.

AI-assisted research summary: Service of a summons or notice in probate, Mohammedan or Hindu marriage, divorce and succession suits may, by leave of the court, be allowed out of Kenya.

AI-assisted research summary: Applications for leave to serve summons or notice outside Kenya must be supported by affidavit or other evidence describing the plaintiff's good cause of action and where the defendant may be found; the court must not grant such leave unless it appears the case is proper for service out of Kenya.

AI-assisted research summary: Any order giving leave to effect service or give notice must limit the time after that service or notice within which the defendant is to enter an appearance, and that time depends on the place or country where the summons is to be served or the notice given.

AI-assisted research summary: Where leave has been granted under rule 21 to serve summons out of Kenya and the defendant is a Commonwealth citizen or resides in specified countries, the summons must be served in the manner the Court may direct.

AI-assisted research summary: Section 28(1) is deleted; Section 28(2) states that notice of summons shall be in Form No. 6 of Appendix A, with such variations as circumstances require.

AI-assisted research summary: The Registrar must forward a High Court–sealed notice (for use outside Kenya), with a translated copy and a request for diplomatic transmission, to the Minister responsible for Foreign Affairs; the request must be in Form No. 7 of Appendix A, with variations as required.

AI-assisted research summary: Service on a corporation: Section on the secretary, director or other principal officer of the corporation; or

AI-assisted research summary: The court may direct that a summons, order or notice be served on a party or person in a foreign country; the procedure in rule 27 applies to such service.

AI-assisted research summary: Rules 21–30 apply to civil proceedings brought by the Government but do not apply to civil proceedings against the Government.

AI-assisted research summary: The plaintiff may request one or more concurrent summonses when the original summons is issued or at any time thereafter before the original summons ceases to be valid; a concurrent summons is valid only from its own issue date and remains valid while the original summons remains in force.

AI-assisted research summary: Where the court has issued summons to a defendant, the summons may be delivered for service to specified persons or entities (including persons duly authorized by the court; an advocate or advocate’s clerk approved by the court; any subordinate court with jurisdiction where the defendant resides; a police officer appointed under the National Police Service Act (Cap. 84); or a licensed courier service provider approved by the court).

AI-assisted research summary: Service of a summons must be done by delivering or tendering a duplicate signed by the judge or an officer he appoints and sealed with the court seal.

AI-assisted research summary: Where there are multiple defendants, the summons must be served on each defendant.

AI-assisted research summary: Where practicable, service should be made on the defendant in person; if the defendant has an agent empowered to accept service, service on the agent is sufficient. A summons may be served upon an advocate who has instructions to accept service and enter an appearance; judgment in default may follow such service.

AI-assisted research summary: Service of documents on the Government for civil proceedings is subject to section 13 of the Government Proceedings Act; service is effected by leaving the document at the Attorney-General's office or a nominated agent (with a person belonging to the office), or by posting in a prepaid registered envelope; documents for service are treated as not requiring personal service; “document” is defined to include writs, notices, pleadings, orders, summonses, warrants and other written communications.

AI-assisted research summary: The court may, when it appears just and convenient, by order appoint a receiver, remove persons from possession, commit property to a receiver, and confer powers on a receiver; but the rule does not authorise removing property from someone if any party lacks a present right to do so.

AI-assisted research summary: The court may, by general or special order, fix the amount to be paid as remuneration for the receiver's services.

AI-assisted research summary: furnish such security (if any) as the court thinks fit, duly to account for what he shall receive in respect of the property;

AI-assisted research summary: The receiver must submit his accounts at the periods and in the form the court directs.

AI-assisted research summary: The court may remove a receiver appointed under this order, either on its own initiative or after an interested party applies.

AI-assisted research summary: Appeals to the High Court must be in the form of a memorandum of appeal signed in the same manner as a pleading.

AI-assisted research summary: Every registry must have a register of appeals in which particulars of each appeal are entered and appeals are numbered each year; memoranda of appeal must be presented to the registry during office hours with any payable fee and will be date-stamped on presentation (the date of filing) even if the fee amount is disputed.

AI-assisted research summary: A judge of the High Court must, within thirty days of filing an appeal under section 79B, peruse the appeal and give directions under section 79B.

AI-assisted research summary: If a judge admits the appeal under section 79B, the registrar must notify the appellant, and the appellant must serve the memorandum of appeal on every respondent within seven days of receiving the registrar's notice.

AI-assisted research summary: Registrar must list the appeal for directions in chambers on notice to the parties; the judge may give directions and must be satisfied certain documents are on the record before allowing the appeal to proceed.

AI-assisted research summary: The court may order an appellant to provide security for some or all appeal costs; if the appellant is not ordinarily resident in Kenya and lacks sufficient property in Kenya the court shall order security within a time set by the order; if security is not given in that time the court may dismiss the appeal.

AI-assisted research summary: When an appeal is lodged the appellate court must notify the lower court; the receiving court must send the material papers with all practicable dispatch; either party may, on application and payment, obtain copies of such papers.

AI-assisted research summary: A party not appearing may file a written declaration and lodge written submissions, and must serve a copy of those submissions on the other party within seven days of lodging.

AI-assisted research summary: A notice of the day fixed for the hearing of the appeal must be served on the respondent or on his advocate in the manner provided for under Order 5.

AI-assisted research summary: The notice to the respondent must state that if he does not appear in the court on the fixed day, the appeal may be heard ex parte.

AI-assisted research summary: The appellant must be heard in support of the appeal; the court must hear the respondent unless it dismisses the appeal immediately; in that case the appellant is entitled to reply.

AI-assisted research summary: If no certified copy of the decree or order is filed with the memorandum of appeal, the appellant must file the certified copy as soon as possible and in any event within such time as the court may order.

AI-assisted research summary: If the appellant fails to appear on the day fixed (or any adjourned day) and has not filed a declaration under rule 16, the court may make an order dismissing the appeal.

AI-assisted research summary: If an appeal is dismissed under rule 20, the appellant may apply to the court for re-admission; if it is proved they were prevented by sufficient cause from appearing, the court must re-admit the appeal and may impose terms as to costs or otherwise.

AI-assisted research summary: The court may adjourn the hearing and order that a person interested in the appeal be made a respondent.

AI-assisted research summary: If an appeal was heard without the respondent (ex parte) and judgment was given against them, the respondent may apply to the court to re-hear the appeal; if the court is satisfied that notice was not duly served or the respondent was prevented by sufficient cause from appearing, the court must re-hear the appeal and may set terms as to costs or otherwise.

AI-assisted research summary: If the lower court disposed of a suit on a preliminary point and the decree is reversed on appeal, the appellate court may remand the case and direct issues to be tried, and must send its judgment and order to the lower court with directions to re-admit and proceed to determine the suit.

AI-assisted research summary: If the record evidence is sufficient, the appellate court may finally determine the suit after resettling issues.

AI-assisted research summary: If on appeal the court considers a new trial should be had, the said court may set aside the judgment and decree and order a new trial.

AI-assisted research summary: Parties to an appeal must not produce additional evidence in the appellate court, except in specified situations; and where additional evidence is allowed the court must record the reason for admission.

AI-assisted research summary: The appellate court may take additional evidence itself or direct the lower court to take it and send it to the appellate court.

AI-assisted research summary: If additional evidence is to be taken, the appeal court must state the limits of that evidence and record the specified points in its proceedings.

AI-assisted research summary: An appellant may amend their memorandum of appeal without leave at any time before the court gives directions under rule 13. After that time, the court may, on application, permit the appellant to amend the memorandum.

AI-assisted research summary: If the court has more than one judge, the decree must follow the findings of the majority.

AI-assisted research summary: If the parties agree on the form of the decree or the order to be made on appeal, the court hearing the appeal may pass a decree or make that order.

AI-assisted research summary: The appellate court may pass any decree or make any order that should have been made, including additional orders, and may do so even if the appeal only concerns part of the decree or in favour of respondents who did not appeal.

AI-assisted research summary: The court's decree in an appeal must be dated, drawn up, sealed and signed as directed by rules 7, 8 and 9 of Order 21, with any necessary modifications.

AI-assisted research summary: The High Court (or an officer it appoints) must send a certified copy of the judgment and decree to the court which passed the decree appealed from, file it with the original proceedings, and enter the judgment in the register of civil suits.

AI-assisted research summary: If the appellant does not set the appeal down for hearing within three months after directions under rule 13, the respondent may either set the appeal down or apply by summons for dismissal; if the appeal is not set down within one year after service of the memorandum of appeal, the registrar must list it before a judge in chambers for dismissal on notice to the parties.

AI-assisted research summary: Appellants may not raise or be heard on grounds of objection not in the memorandum of appeal except with the court's leave; the High Court may consider grounds beyond the memorandum but must not base its decision on any other ground unless affected parties have had a sufficient opportunity to contest it.

AI-assisted research summary: If a decree proceeds on a ground common to all plaintiffs or all defendants, any one of those plaintiffs or defendants may appeal the whole decree, and the High Court may reverse or vary the decree in favour of all.

AI-assisted research summary: Courts may order stays of execution pending appeal under specified conditions; the court and the High Court have power to grant temporary relief in appeal proceedings.

AI-assisted research summary: Courts must require security for restitution or payment when a decree is executed while an appeal is pending; sales of immovable property under such decrees must be stayed on the judgment-debtor's application on terms the court sets until the appeal is disposed of.

AI-assisted research summary: Security referred to in rules 6 and 7 shall not be required from the Government or from a public officer sued for an act alleged to be done by him in his official capacity.

AI-assisted research summary: Powers conferred by rules 6 and 7 are exercisable where an appeal is or has been preferred not from the decree but from an order made in execution of that decree.

AI-assisted research summary: Appeals lie as of right from the specified Orders and rules; appeals from other orders require the court's leave; applications for leave must be made to the court that made the order either orally at the time or within fourteen days.

AI-assisted research summary: The rules of Order 42 apply, as far as possible, to appeals from orders.

AI-assisted research summary: The Order does not apply to any adjudication that, for the court expressing it, conclusively determines the parties' rights regarding all or any matters in controversy in the suit.

AI-assisted research summary: Persons entitled to appeal but unable to pay the memorandum fee may apply to be allowed to appeal as a pauper, subject to pauper-suit provisions and a proviso that the court will dismiss the application unless it sees reason to think the decree is contrary to law or against the weight of the evidence.

AI-assisted research summary: An inquiry into an applicant's pauperism may be made by the High Court or by the lower court under orders of the High Court; if the applicant was allowed to sue or appeal as a pauper in the lower court, no further inquiry is necessary unless the High Court directs one.

AI-assisted research summary: A party who is not appealing from a decree or order may apply for a review of judgment even if another party has an appeal pending, except in stated situations.

AI-assisted research summary: Applications for review of a court decree or order must be made only to the judge who passed the decree or made the order; if that judge is not attached to the court another attached judge may hear it; if that judge is attached but precluded for a period of 3 months after lodging, the Chief Justice may designate another judge to hear it.

AI-assisted research summary: The court must dismiss an application if there is not sufficient ground for review, must grant an application if the court is of the opinion it should be granted, and must not grant an application based on newly discovered evidence alleged by the applicant unless there is strict proof of that allegation.

AI-assisted research summary: If a review application is heard by more than one judge and the court is equally divided, the application is dismissed.

AI-assisted research summary: If an application for review is granted, a note must be made in the register, and the court may immediately re-hear the case or make any order regarding the re-hearing.

AI-assisted research summary: No application to review an order made on an application for a review of a decree or order passed or made on a review shall be entertained.

AI-assisted research summary: Parties to a suit may apply to the court for an order of reference to arbitration.

AI-assisted research summary: If an award has been made in a suit, the persons who made it must sign and date the award and file it in court within fourteen days together with any depositions and documents taken and proved before them.

AI-assisted research summary: The registrar must notify parties within 14 days of filing and specify a date/time for reading; the award must be read within 30 days of the notice and on the fixed date/time the registrar must read it to parties present.

AI-assisted research summary: Arbitrators or umpires may, and must if directed by the court, state an award (whole or in part) as a special case for the court's opinion; the court must deliver that opinion and order it to form part of the award.

AI-assisted research summary: The court may order who pays the costs of an arbitration, except where the arbitrator has properly awarded costs.

AI-assisted research summary: A court or deciding authority has power to modify or correct part of an award that deals with matters not referred to arbitration when that separable part does not affect the decision on the referred matter.

AI-assisted research summary: The court may remit an award or other matter referred to arbitration for reconsideration by the same arbitrator or umpire under specified conditions.

AI-assisted research summary: The court may set aside an award for limited grounds (corruption/misconduct of the arbitrator or umpire; fraudulent concealment or wilful misleading by a party); if set aside the court must supersede the arbitration and proceed with the suit.

AI-assisted research summary: An application under rules 13–16 may be made within thirty days after the applicant receives notice of the filing of the award under rule 10, or within thirty days of the court‑fixed date for reading the award under rule 11.

AI-assisted research summary: The court must, on request by any party with due notice to other parties, enter judgment according to the award.

AI-assisted research summary: Form Numbers 28 to 32 in Appendix A must be used for their respective purposes.

AI-assisted research summary: The arbitrator shall be appointed in such manner as may be agreed upon between the parties.

AI-assisted research summary: The court may adopt and implement alternative dispute resolution (including mediation), shall make orders or directions to facilitate it, and if a court-mandated mediation fails must promptly set the matter down for hearing and determination.

AI-assisted research summary: The court must, by order, refer the dispute to an arbitrator and set and specify a reasonable time for the award; unless provided by the Order the court must not deal with the matter in the suit.

AI-assisted research summary: Where there are two or more arbitrators the order must provide for resolving differences (e.g. appointment of an umpire, majority decision prevailing, empowering appointment, agreement between parties or court determination); if an umpire is appointed the court must fix a reasonable time for his award.

AI-assisted research summary: If parties cannot agree or an arbitrator is unable to act, any party may serve written notice to appoint an arbitrator or umpire; if none is appointed within seven clear days (or further time the court allows), the court may, on application and after hearing the other party, appoint an arbitrator or umpire or make an order superseding the arbitration.

AI-assisted research summary: Every arbitrator or umpire appointed under rule 4 or rule 5 must have the same powers as if their name had been inserted in the order of reference.

AI-assisted research summary: The court must issue the same processes to parties and witnesses that an arbitrator or umpire requests; persons who fail to attend, default, refuse to give evidence, or commit contempt during the investigation may be subject to similar penalties by court order on the arbitrator's or umpire's representation.

AI-assisted research summary: Parties may extend the time for making the award by filing a written agreement; the court may, on application, extend the time or supersede the arbitration and proceed with the suit.

AI-assisted research summary: An umpire may arbitrate in place of the arbitrators if the arbitrators have allowed the appointed time to expire without making an award.

AI-assisted research summary: Suits in the High Court may be started at the court's central office in Nairobi or at a District Registry.

AI-assisted research summary: The District Registrar must, upon payment of all fees, endorse the date of filing on the memorandum of appeal and forward the papers to the High Court Registry in that area for hearing and disposal.

AI-assisted research summary: There shall be District Registries and Deputy Registrars of the High Court at the places and for the areas set out in the Schedule in Appendix G; the Chief Justice may amend that Schedule by Gazette notice.

AI-assisted research summary: Suits filed in a District Registry must be titled as suits in “The High Court of Kenya at.... (District Registry)” and must be serially numbered in that Registry.

AI-assisted research summary: If every defendant lives or carries on business within the District Registry area where a suit was started, the proceedings stay in that registry.

AI-assisted research summary: In civil proceedings against the Government, the defendant is to be treated as not residing and not carrying on business in the district of any District Registry for the purposes of this Order.

AI-assisted research summary: Trials are to be held where the court directs; the court may order a case to be tried at a particular place (on its own motion or on application for cause) and must have regard to the convenience of parties and witnesses and to the trial date and other circumstances.

AI-assisted research summary: In a District Registry, formal preliminary steps and interlocutory applications must be taken before the District Registrar when there is no judge; when the suit is ready for trial it may be set down for hearing before a judge at the Registry.

AI-assisted research summary: Affected persons may appeal a District Registrar's interlocutory order or decision to a judge; the District Registrar must endorse the record on request within fourteen days and send it forthwith to the High Court registrar, who must give directions for the hearing.

AI-assisted research summary: A District Registrar has the same power to tax costs in suits tried in his area as the registrar has as a taxing officer under any Rules of Court.

AI-assisted research summary: Processes must be served at the expense of the party on whose behalf they are issued, unless the court directs otherwise.

AI-assisted research summary: Orders, notices and documents required by these Rules to be given to or served on any person must be served in the manner provided for the service of summons, unless other provision is made.

AI-assisted research summary: Forms used for the purposes of this Act must, with necessary variations, be those found in the Appendices to these Rules, and other forms approved by the High Court.

AI-assisted research summary: Special rules of procedure made by the High Court prevail over these Rules when they conflict.

AI-assisted research summary: If a ministerial act may be done by the court under these Rules, it may instead be done by the registrar or by an executive officer empowered by the Chief Justice in writing.

AI-assisted research summary: The Registrar has power to sign summons to enter appearance.

AI-assisted research summary: The Registrar may enter judgment.

AI-assisted research summary: Any order can be entered by the registrar or (in a subordinate court) an executive officer authorised in writing by the Chief Justice, but only with the parties' written consent.

AI-assisted research summary: In proceedings against the Government, no judgment for the plaintiff may be entered in default of appearance or pleading unless the court grants leave.

AI-assisted research summary: The registrar and, in subordinate courts, executive officers empowered by the Chief Justice may make formal orders for attachment and sale of property and for notices to show cause in execution of High Court decrees; if an objection is taken, further proceedings must be before a judge.

AI-assisted research summary: For the purposes of rules 2, 3 and 4, a registrar or (in a subordinate court) an executive officer empowered as aforesaid is deemed to be a Civil Court.

AI-assisted research summary: The Registrar may give directions under specified rules and may hear and determine applications under a listed set of Orders and rules.

AI-assisted research summary: The term "Month" is defined to mean a calendar month.

AI-assisted research summary: When a limited time of less than six days is allowed for doing an act or taking proceedings, Sunday, Christmas Day, Good Friday and any day appointed as a public holiday are excluded from the computation of that limited time.

AI-assisted research summary: If the deadline to do an act or take a proceeding falls on a Sunday or a day when the offices are closed, the act or proceeding is treated as duly done or taken if done on the next day the offices are open.

AI-assisted research summary: The period from 21 December to 13 January (both days included) is excluded when computing time for filing or doing acts, except that the rule does not apply to applications for a temporary injunction and except where a judge directs otherwise in writing.

AI-assisted research summary: Do not count the day an order for security for costs is served, nor the time until and including the day the security is given, when calculating time allowed to plead or take other proceedings in the cause or matter.

AI-assisted research summary: The court has power to extend a fixed limited time for acts or proceedings; costs of applications to extend time are to be borne by the parties making the application unless the court orders otherwise.

AI-assisted research summary: Parties or their advocates may enlarge the time for delivering, amending, or filing pleadings or other documents by written consent without applying to the court.

AI-assisted research summary: When a number of days (not stated as clear days) is prescribed, count from the day after the first day up to and including the last day.

AI-assisted research summary: Service is normally effected on a weekday (not Saturday) and before five in the afternoon; special deemed-times apply for service after five.

AI-assisted research summary: If a defendant has been served with a summons, the defendant must file an appearance within the time prescribed in the summons unless the court makes some other order.

AI-assisted research summary: To appear, a person must deliver or post a triplicate memorandum of appearance (Form No. 12 Appendix A) signed by the advocate or by the defendant or recognised agent.

AI-assisted research summary: Advocates, defendants appearing in person, and corporations appearing without advocates must state addresses for service in the memorandum of appearance.

AI-assisted research summary: A memorandum of appearance that lacks an address for service within Kenya must not be filed; if any address given is illusory or fictitious, the appearance may be set aside on the plaintiff's application.

AI-assisted research summary: When two or more defendants in the same suit appear by the same advocate at the same time, the names of all those defendants must be inserted in the same memorandum of appearance.

AI-assisted research summary: Documents may be delivered by hand, by a licensed courier service provider approved by the court, or posted to the address for service; if delivery is disputed, a certificate of posting or other evidence of delivery must be filed.

AI-assisted research summary: All applications to the court must be by motion and must be heard in open court, except where the court directs a hearing in chambers or the rules expressly provide otherwise.

AI-assisted research summary: Applications should state the order, rule or statutory provision under which they are made, but failure to do so is not to be fatal and no application shall be refused for that reason.

AI-assisted research summary: The court may order that costs awarded on originating summonses or similar processes be taxed at a different time, but when it does so it must record special reasons; otherwise such costs shall be taxed only at the conclusion of the suit.

AI-assisted research summary: An application (or other process) is treated as made when it is filed in court.

AI-assisted research summary: An application must be signed by the advocate representing the applicant or by the applicant if acting in person; it need not be signed by or on behalf of the court.

AI-assisted research summary: Respondents who wish to oppose an application may file specified documents; applicants served with those documents may, with the court's leave, file a supplementary affidavit.

AI-assisted research summary: The court may set aside an order made ex parte.

AI-assisted research summary: The court may, in its discretion, limit the time for oral submissions by the parties or their advocates or allow written submissions.

AI-assisted research summary: Any application referred to in section 25(2) of the Government Proceedings Act must be made in the manner prescribed in rule 1.

AI-assisted research summary: No motion shall be made without notice to the parties affected thereby; however, the court may make ex parte orders if delay would or might cause irreparable or serious mischief, and any party affected may move to set such an order aside.

AI-assisted research summary: Every notice of motion must state in general terms the grounds of the application, and if the motion is supported by affidavit evidence, a copy of any affidavit intended to be used must be served.

AI-assisted research summary: If the court believes sufficient notice was not given for an application, the court may adjourn the hearing so that notice can be given on terms the court sets.

AI-assisted research summary: The court may adjourn the hearing of any application.

AI-assisted research summary: A plaintiff may, without special leave, cause an application or notice of petition or summons to be served on a defendant who was served with a summons to enter an appearance but failed to appear within the time limited for that purpose.

AI-assisted research summary: The court may order that any business be heard in chambers rather than in court when it considers that disposition in chambers would be more convenient.

AI-assisted research summary: Any judge may adjourn into court any application made to him at chambers if he deems it more convenient to be considered in court.

AI-assisted research summary: Defines terms: “the Act”, “the Disciplinary Committee”, and “the Society”.

AI-assisted research summary: All parties may be heard without entering an appearance.

AI-assisted research summary: The Society has the right to be heard in appeals that are served on it.

AI-assisted research summary: Applications under section 45 must be intituled in the matter of the Act and supported by affidavit; they must be served on specified persons depending on the subsection (advocate; guardian, committee or trustee; party and advocate or the advocate’s legal personal representatives).

AI-assisted research summary: The court may, on application by the client or the client's legal personal representative and where an advocate-client relationship exists or has existed, make orders requiring an advocate to deliver cash accounts, money or securities, lists of money or securities held, lodge money or securities in court, and deliver papers and documents; and may order taxation/payment and secure payment where the advocate claims costs and protect an advocate's lien.

AI-assisted research summary: An application under section 50(1) of the Act must be by originating summons supported by affidavit.

AI-assisted research summary: Applications for a charging order under section 52 must be made in the suit or matter by summons in chambers supported by affidavit; the application must be served on the client.

AI-assisted research summary: An advocate must honour an undertaking within a time fixed by the order; special reasons (to be recorded by the judge) permit deviation.

AI-assisted research summary: A person not served with the memorandum of appeal who wants to oppose it may be heard if the court considers them a proper person to be heard.

AI-assisted research summary: An appellant under section 62(1) or 73(1) may discontinue their appeal at any time by filing and serving a notice of discontinuance; if discontinued it is treated as dismissed and the appellant must pay the costs of and incidental to the appeal.

AI-assisted research summary: Applications for mandamus, prohibition or certiorari must not be made without leave; applications for leave must be made ex parte to a judge in chambers and be accompanied by a statement and affidavits; the judge may impose terms (including security) and may direct that leave operate as a stay.

AI-assisted research summary: The judge may adjourn an application for leave when the proceeding is under appeal and the statutory appeal period has not expired.

AI-assisted research summary: When leave is granted to apply for mandamus, prohibition or certiorari, the application must be made within twenty-one days by notice of motion to the High Court, the notice must be served on persons directly affected (including the presiding officer and parties where it relates to proceedings), an affidavit of service must be filed before the notice is set down, and the High Court may adjourn the hearing to allow service.

AI-assisted research summary: Applicants and parties must provide copies of statements and affidavits on demand; the applicant must notify any intended amendments and supply further affidavits; the High Court may allow amendments or further affidavits for new matter.

AI-assisted research summary: On the hearing of the motion, the applicant is entitled to begin.

AI-assisted research summary: A person who wants to oppose a motion and whom the High Court considers proper shall be heard even if not served, but may be ordered to pay costs at the court's discretion if the order is made.

AI-assisted research summary: An applicant for certiorari must not challenge the validity of orders or records unless, before the hearing, they have lodged a verified copy with the registrar or can account for failure to do so to the High Court's satisfaction.

AI-assisted research summary: The Civil Procedure Rules are revoked.

AI-assisted research summary: When it is impracticable to apply these Rules in certain proceedings, the prior practice and procedure shall be followed.

AI-assisted research summary: A defendant served with a summons must file a defence within 14 days of entering an appearance, must serve it on the plaintiff within 14 days of filing, and must file an affidavit of service.

AI-assisted research summary: A person who is not already a party but is served with a defence and counterclaim must appear as if they had been served with a summons.

AI-assisted research summary: A person named in a defence as a party to a counterclaim may deliver a reply, unless the court orders otherwise, and must serve a copy of that reply on all parties within fifteen days after service of the counterclaim.

AI-assisted research summary: If a defendant files a counterclaim, the plaintiff or any person named as a party to that counterclaim may, at any time before reply, apply to the court to exclude the counterclaim; the court may, when hearing that application, make such order as is just.

AI-assisted research summary: If a defendant files a counterclaim and the plaintiff's suit is stayed, discontinued or dismissed, the counterclaim may still be proceeded with.

AI-assisted research summary: If, on a set-off or counterclaim established as a defence the balance favors the defendant, the court may give judgment to the defendant for that balance or award other relief to which the defendant is entitled on the merits.

AI-assisted research summary: If the defendant relies on multiple distinct grounds of defence or set-off based on separate facts, those grounds must be stated separately and distinctly.

AI-assisted research summary: Defendants and plaintiffs may raise grounds of defence that arise after proceedings begin; where grounds arise after pleading deadlines a further reply may be delivered within fourteen days or later by leave of the court, and the plaintiff may confess such a defence and apply for costs.

AI-assisted research summary: A plaintiff is entitled to file a reply within fourteen days after the defence (or the last of the defences) has been served on him, unless the time is extended.

AI-assisted research summary: Pleadings after the plaint must be filed in duplicate; the court may return the duplicate to an advocate who must deliver it to the address for service within seven days, and if not returned the court must deliver it (including to the opposite party or their advocate/representative if they attend before delivery).

AI-assisted research summary: Every registry must keep a register of documents and enter specified particulars for each document.

AI-assisted research summary: If, in a suit, a defendant pleads a defence of tender before action, the defendant must pay into court the amount alleged to have been tendered.

AI-assisted research summary: Documents under this order must be served in the manner prescribed under Order 5 of these Rules.

AI-assisted research summary: A defendant in a suit may set-off or counterclaim against the plaintiff's claims; the court may refuse permission on the plaintiff's application before trial if the set-off or counterclaim cannot be conveniently disposed of or ought not to be allowed.

AI-assisted research summary: A person may not use set-off or counterclaims in Government proceedings to recover taxes, duties or penalties or to set off claims for repayment of those taxes, duties or penalties.

AI-assisted research summary: Requires an affidavit under Order 4 rule 1(2) to accompany a defence or counterclaim.

AI-assisted research summary: If a party intends to deny another party the right to claim as executor, trustee, in any representative capacity, or to assert the constitution of a partnership firm, that party must deny it specifically.

AI-assisted research summary: If a defendant wishes to rely on grounds supporting a right of counterclaim, the defendant must state in the statement of defence that he does so by way of counterclaim.

AI-assisted research summary: If a defendant raises a counterclaim involving the plaintiff and others, the defendant must add to the title of his defence a further title listing all persons who would be defendants in a cross-action and must deliver his defence for service on those persons and the plaintiff within the period for filing his defence.

AI-assisted research summary: If a person referenced in rule 8 is not a party to the suit, that person must be summoned by being served with a copy of the defence.

AI-assisted research summary: Rules allowing parties to amend pleadings: a party may amend pleadings once before pleadings close without leave; defendants and plaintiffs may amend defences and replies in specified circumstances; filing/service deadlines of fourteen days apply in certain cases.

AI-assisted research summary: A party has 14 days after service of an amended pleading to apply to court to disallow the amendment; if the court is satisfied that leave would have been refused it must order the amendment (or part) struck out; any order may include terms as to costs or otherwise.

AI-assisted research summary: The court may, subject to specified orders and terms, allow any party to amend their pleadings.

AI-assisted research summary: Rule 3 has effect in relation to an originating summons, a petition and an originating notice of motion as it has effect in relation to a plaint.

AI-assisted research summary: The court may order any document to be amended, on its own motion or on application by a party, to determine the real question in controversy or to correct defects or errors, on such terms as to costs or otherwise as are just.

AI-assisted research summary: If a court grants a party leave to amend, the party must amend within the specified period or, if none is specified, within fourteen days or the order will cease to have effect.

AI-assisted research summary: Pleadings and other amended documents must be endorsed to show the amendment date and either the order date allowing the amendment or the rule number; amendments must show deleted words struck out in red and added words underlined in red; subsequent amendments to the same document may use colours other than red.

AI-assisted research summary: The court may hear and determine an oral application made under this Order.

AI-assisted research summary: If the court so directs, the party must make the appearance in person.

AI-assisted research summary: An application under rule 9 may be combined with other prayers, but the question of change of advocate or a party intending to act in person must be determined first.

AI-assisted research summary: A party who gives notice under rule 8 or obtains an order under rule 9 may perform duties under this Order personally or through a new advocate.

AI-assisted research summary: If an advocate who acted for a party dies, is bankrupt, cannot be found, lacks a practising certificate, has been struck off, or is otherwise unable to act, and the party has not given the required notice, any other party may apply to the Court to declare that the advocate has ceased to act.

AI-assisted research summary: An advocate who has ceased to act for a party may apply to the court for an order that they have ceased to be the party's advocate, but the advocate must serve a copy of the order on parties, procure entry of the order in the court, and leave a signed certificate of service.

AI-assisted research summary: Persons holding powers of attorney or an affidavit sworn by a party may appear, apply and act on that party's behalf in a suit, subject to court approval.