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Interlocutory Applications Overview

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0% found this document useful (0 votes)
85 views6 pages

Interlocutory Applications Overview

Uploaded by

nyakundicaleb03
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

INTERLOCUTORY APPLICATIONS

TYPE OF APPLICATION PROVISION UNDER CPR MODE OF APPLICATION


1. Substitution and O 1 r 10 Chamber Summons
addition of parties
2. Addition, striking out, O 1 r 14 Chamber Summons
substitution of plaintiff
or defendant
3. Leave to issue third O 1 r 15 Chamber Summons
party notice
4. Notice to Government O 1 r 16 Chamber Summons
as third party
5. Deeming of liability to O 1 r 18 Chamber Summons
the defendant by a
defaulting third party if
defendant
6. Request for judgment O 1 r 19 Chamber Summons
against third party in
default of appearance
7. Leave to enter O 1 r 20 Chamber Summons
judgment against third
party Government
8. Third party directions O 1 r 22 Chamber Summons
9. An order that no O 2 r 1(3) Chamber Summons
further information is
required by the
defendant from the
plaintiff to enable the
defendant file a
defence
10. Application to strike O 2 r 15 Originating Summons
out pleadings O 4 r 1(6)
11. Request to try separate O3r8 Notice of Motion
trials
12. Application to extend O 5 r 2(2), 5 Affidavit
validity of summons
13. Substituted service of O 5 r 17 Notice of Motion
summons
14. Request for service out O 5 r 21,25 Notice of Motion
of Kenya
15. An order for costs O 7 r 16(3) Chamber Summons
where a new ground of
defence has arisen
which has been
confessed by the
plaintiff
16. Request to disallow O8r2 Notice of Motion
amendment of
pleadings
17. Amendment of O8r3 Notice of Motion
pleadings with leave of
court
18. Change of Advocates O9r5 Notice of Motion
19. Notice of appointment O9r7 Notice of Motion
of advocate
20. Notice of intention to O9r8 Notice of Motion
act in person
21. Removal of advocate O 9 r 12 Notice of Motion
from record at instance
of another party
22. Request of advocate to O 9 r 13 Chamber Summons
cease acting
23. Order that guardian O 10 r 1 Notice of Motion
enters appearance for
infant or person of
unsound mind
24. Application to strike O 10 r 3 Notice of Motion
out memorandum of
appearance or Defence
upon failure to serve
25. Leave to enter default O 10 r 8 Notice of Motion
judgment against the
Government
26. Leave to set aside O12 r 7 Notice of Motion
judgment or dismissal
of suit for non-
appearance of plaintiff
or defendant
27. Request for judgment O 13 r 2 Notice of Motion
on admission
28. Order to inspect the O 14 r 6 Notice of Motion
records of any other
suit or proceedings
29. Summons to attend O 16 r 1 Notice of Motion
court to give evidence
or produce documents
30. Order for security for O 16 r 15(2) Chamber Summons
attendance by a person
summoned to give
evidence
31. Application to take O 18 r 5 Notice of Motion
down any question and
answer or objections
during trial
32. Applications relating O 19 r 9 Chamber Summons
to affidavits
33. Application relating to O 20 r 3 Chamber Summons
accounts
34. Application by O 21 r 12(2) Notice of Motion
judgment debtor that
decreed amount owed
to decree holder be
postponed or paid in
installments
35. Application for O 22 r 7 (1),(2) Oral application, Notice of
execution by arrest of Motion
the judgment debtor
who is within the
precincts of the court,
otherwise
36. Application for O 22 r 8 Notice of Motion
attachment of movable
property not in
judgment-debtor’s
possession.
37. Application for O 22 r 9 Notice of Motion
attachment of
immovable property to
contain certain
particulars
38. Power to require O 22 r 10 Notice of Motion
certified extract from
Land Registries in
certain cases
39. Application for O 22 r 11 Notice of Motion
execution by joint
decree-holders
40. Application for O 22 r 12 Notice of Motion
execution by transferee
of decree
41. Application for O 22 r 14 Notice of Motion
execution in case of
cross-decrees
42. Application for O 22 r 15 Notice of Motion
execution in case of
cross-claims under
same decree
43. Notice to show cause O 22 r 18 Notice of Motion
against execution in
certain cases
44. Application for stay of O 22 r 22 Notice of Motion
execution
45. Application by decree O 22 r 35 Notice of Motion
holder for examination
of judgment-debtor as
to his property
46. Attachment of O 22 r 43 Notice of Motion
partnership property
47. Execution of decree O 22 r 44 Notice of Motion
against firm
48. Application by decree O 22 r 47(6) Notice of Motion
holder for attachment
of decree
49. Application to object O 22 r 51,52 Notice of Motion
attachment of property
and stay of execution
of such property
50. Notification of sale by O 22 r 57(3) Notice of Motion
public auction
51. Application by decree O 22 r 61 Notice of Motion
holder to bid attached
property
52. Application to set O 22r 75 Notice of Motion
aside sale on ground of
irregularity or fraud
53. Application by O 22 r 76 Notice of Motion
purchaser to set aside
sale on ground of
judgment-debtor
having no saleable
interest
54. Request by decree O 23 r 1 Notice of Motion
holder for an order of
attachment of debts
55. Application to cause O 24 r 3/4 Notice of Motion
the legal representative
of the deceased
plaintiff/defendant to
be made a party
56. Application by O 24 r 6(2) Notice of Motion
defendant for an order
to dismiss suit on the
ground of plaintiff’s
bankruptcy
57. Application by O 24 r 7 (2) Notice of Motion
plaintiff or personal
representative for an
order to revive suit
which has been abated
or dismissed
58. Application for the O 25 r 5 (2) Notice of Motion
implementation and
execution of the terms
of the decree
59. Application for O 26 r 1(2) Notice of Motion
security of costs before
defence
60. Order for disallowance O 27 r 2(3) Chamber Summons
of costs where the
defendant makes
payment into court
61. Approval of terms of O 27 r 2(4) Chamber Summons
settlement in a
defamation suit
62. Order restraining O 29 r 4(2) Chamber Summons
judgment debtor from
receiving money owed
to him by government
and directing that
payment be made to
decree-holder or
receiver
63. O30
64.
65. Application by a minor O 32 r 12(5) Chamber Summons
on attaining majority
66. Application for O33
paupers
67. Interpleader O34 Originating summons
proceedings Summons in the suit
68. Institution of O 34 r 1 Chamber Summons
interpleader
proceedings in a
pending suit
69. Proceedings by O 35 Agreement between parties
agreement of parties
70. Application for O36 r9 Notice of motion
summary judgement
71. Applications relating O 37 r 5 Chamber Summons
to removal of caveats
in a pending suit
72. Selection of test suit O38 Notice of motion
73. Arrest and attachment O39 Notice of motion
before judgement
74. Temporary injunction O40 Notice of motion
and interlocutory
orders
75. Dismissal of appeals O 42 r 35(1) Chamber Summons
for want of prosecution
76. Application for review O 45 r 1 Notice of Motion
of decree or order
77. Application for O 46 r 1 Notice of Motion
arbitration
78. Charging orders under O 52 r 6(1) Chamber Summons
the Advocates Act
79. Enforcement of O 52 r 7(1)(a) Chamber Summons
undertakings by
advocates in a pending
suit

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