Thursday, May 5, 2022

Applicable areas for using CHAMBER SUMMONS and relevant provisions

 1. Striking out of plaint. (Under Order VI rule 13(1) (b) & (d) of the Civil Procedure Rules, section 3A of the Civil Procedure Act and all other enabling provisions of the law)


2. Amendment of plaint. (Under Order VIA Rule 3(1), 5, 7 and 8, Order 44 of the Civil Procedure Rules, Sections 95 and 3A of the Civil Procedure Act and all other enabling provisions of the law)

3. Third Party Application Order 1 rule 4

4. Arbitration (Section 6 of the Arbitration Act 1995, Rule 2 of the Arbitration Rules, 1997; Section 3A of the Civil Procedure Act, Chapter 21 of the Laws of Kenya; and all other enabling provisions of law)

5. Examination of debtors property (Under Order XXI Rules 36 and 91 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law.)

6. Contempt of court (Section 5 of the Judicature Act, Cap. 8 Laws of Kenya, Order 52 Rules of the Supreme Court of England 1965, Section 3A of the Civil Procedure Act , cap 21 of the Laws of Kenya)

7. Amendment of defence. (Under Order VIA Rule 3(1( (5) , 5, 7 and 8 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law)

8. Amendment of judgment (Under Sections 3A and 99 of the Civil Procedure Act, Cap 21,of the Laws of Kenya; Order XX Rule 3(3), Order L Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law)

9. Reconstruction of file. (Under Section 3A of the Civil Procedure Act

Temporary Injunctions and Interlocutory Orders(Under Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya and Order XXXIX, Rules 2(1), 3 and 9 of the Civil Procedure Rules)

10. Joinder of an interested party. (Under Order 1 Rule 10 of the Civil Procedure Rules Section 3A of the Civil Procedure Act and All Other Enabling Provisions of law)

11. Temporary injunctions (Under Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya and Order XXXIX, Rules 2(1), 3 and 9 of the Civil Procedure Rules)

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