Thursday, July 27, 2023

TYPES OF APPLICATIONS USED IN CIVIL PROCEDURE RULES PROVISIONS IN COURTS/MODES OF APPLICATIONS

 

INTERLOCUTORY APPLICATIONS

Order as per the below schedule:
1. TYPE OF APPLICATION 

2. PROVISION UNDER CPR
3. MODE OF APPLICATION


1. Substitution and addition of parties

2. O 1 r 10

Chamber Summons


 

Addition, striking out, substitution of plaintiff or defendant

O 1 r 14

Chamber Summons


Leave to issue third party notice

O 1 r 15

Chamber Summons


Notice to Government as third party

O 1 r 16

Chamber Summons


Deeming of liability to the defendant by a defaulting third party if defendant

O 1 r 18

Chamber Summons


Request for judgment against third party in default of appearance

O 1 r 19

Chamber Summons


Leave to enter judgment against third party Government

O 1 r 20

Chamber Summons


Third party directions

O 1 r 22

Chamber Summons


An order that no further information is required by the defendant from the plaintiff to enable the defendant file a defence

O 2 r 1(3)

Chamber Summons


Application to strike out pleadings

O 2 r 15

O 4 r 1(6)

Originating Summons


Request to try separate trials

O 3 r 8

Notice of Motion


Application to extend validity of summons

O 5 r 2(2), 5

Affidavit


Substituted service of summons

O 5 r 17

Notice of Motion


Request for service out of Kenya

O 5 r 21,25

Notice of Motion


An order for costs where a new ground of defence has arisen which has been confessed by the plaintiff

O 7 r 16(3)

Chamber Summons


Request to disallow amendment of pleadings

O 8 r 2

Notice of Motion


Amendment of pleadings with leave of court

O 8 r 3

Notice of Motion


Change of Advocates

O 9 r 5

Notice of Motion


Notice of appointme nt of advocate

O 9 r 7

Notice of Motion


Notice of intention to act in person

O 9 r 8

Notice of Motion


Removal of advocate from record at instance of another party

O 9 r 12

Notice of Motion


Request of advocate to cease acting

O 9 r 13

Chamber Summons


Order that guardian enters appearance for infant or person of unsound mind

O 10 r 1

Notice of Motion


Application to strike out memorandum of appearance or Defence upon failure to serve

O 10 r 3

Notice of Motion


Leave to enter default judgment against the Government

O 10 r 8

Notice of Motion


Leave to set aside judgment or dismissal of suit for non-appearance of plaintiff or defendant

O12 r 7

Notice of Motion


Request for judgment on admission

O 13 r 2

Notice of Motion


Order to inspect the records of any other suit or proceedings

O 14 r 6

Notice of Motion


Summons to attend court to give evidence or produce documents

O 16 r 1

Notice of Motion


Order for security for attendance by a person summoned to give evidence

O 16 r 15(2)

Chamber Summons


Application to take down any question and answer or objections during trial

O 18 r 5

Notice of Motion


Applications relating to affidavits

O 19 r 9

Chamber Summons


Application relating to accounts

O 20 r 3

Chamber Summons


Application by judgment debtor that decreed amount owed to decree holder be postponed or paid in installments

O 21 r 12(2)

Notice of Motion


Application for execution by arrest of the judgment debtor who is within the precincts of the court, otherwise

O 22 r 7 (1),(2)

Oral application, Notice of Motion


Application for attachment of movable property not in judgment-debtor’s possession.

O 22 r 8

Notice of Motion


Application for attachment of immovable property to contain certain particulars

O 22 r 9

Notice of Motion


Power to require certified extract from Land Registries in certain cases

O 22 r 10

Notice of Motion


Application for execution by joint decree-holders

O 22 r 11

Notice of Motion


Application for execution by transferee of decree

O 22 r 12

Notice of Motion


Application for execution in case of cross-decrees

O 22 r 14

Notice of Motion


Application for execution in case of cross-claims under same decree

O 22 r 15

Notice of Motion



Notice to show cause against execution in certain cases

O 22 r 18

Notice of Motion



Application for stay of execution

O 22 r 22

Notice of Motion



Application by decree holder for examination of judgment-debtor as to his property

O 22 r 35

Notice of Motion


Attachment of partnership property

O 22 r 43

Notice of Motion


Execution of decree against firm

O 22 r 44

Notice of Motion


Application by decree holder for attachment of decree

O 22 r 47(6)

Notice of Motion


Application to object attachment of property and stay of execution of such property

O 22 r 51,52

Notice of Motion


Notification of sale by public auction

O 22 r 57(3)

Notice of Motion


Application by decree holder to bid attached property

O 22 r 61

Notice of Motion


Application to set aside sale on ground of irregularity or fraud

O 22r 75

Notice of Motion


Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest

O 22 r 76

Notice of Motion


Request by decree holder for an order of attachment of debts

O 23 r 1

Notice of Motion


Application to cause the legal representative of the deceased plaintiff/defendant to be made a party

O 24 r 3/4

Notice of Motion


Application by defendant for an order to dismiss suit on the ground of plaintiff’s bankruptcy

O 24 r 6(2)

Notice of Motion


Application by plaintiff or personal representative for an order to revive suit which has been abated or dismissed

O 24 r 7 (2)

Notice of Motion


Application for the implementation and execution of the terms of the decree

O 25 r 5 (2)

Notice of Motion


Application for security of costs before defence

O 26 r 1(2)

Notice of Motion


Order for disallowance of costs where the defendant makes payment into court

O 27 r 2(3)

Chamber Summons


Approval of terms of settlement in a defamation suit

O 27 r 2(4)

Chamber Summons


Order restraining judgment debtor from receiving money owed to him by government and directing that payment be made to decree-holder or receiver

O 29 r 4(2)

Chamber Summons



O30







Application by a minor on attaining majority

O 32 r 12(5)

Chamber Summons


Application for paupers

O33



Interpleader proceedings

O34

Originating summons

Summons in the suit


Institution of interpleader proceedings in a pending suit

O 34 r 1

Chamber Summons


Proceedings by agreement of parties

O 35

Agreement between parties


Application for summary judgement

O36 r9

Notice of motion


Applications relating to removal of caveats in a pending suit

O 37 r 5

Chamber Summons


Selection of test suit

O38

Notice of motion


Arrest and attachment before judgement

O39

Notice of motion


Temporary injunction and interlocutory orders

O40

Notice of motion


Dismissal of appeals for want of prosecution

O 42 r 35(1)

Chamber Summons


Application for review of decree or order

O 45 r 1

Notice of Motion


Application for arbitration

O 46 r 1

Notice of Motion


Charging orders under the Advocates Act

O 52 r 6(1)

Chamber Summons


Enforcement of undertakings by advocates in a pending suit

O 52 r 7(1)(a)

Chamber Summons

 

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