[Rev. 2012]
(e)
Matrimonial Causes
CAP. 152
Except as hereinafter provided, these Rules shall apply to all
subsequent pleadings and proceedings in respect of such plea as if
the plea were an original petition.
(2) If no answer to the plea of the President’s Proctor is filed within the time
limited, or if an answer is filed and has been struck out or not proceeded with, the
President’s Proctor may apply forthwith by motion to rescind the decree nisi and
dismiss the petition.
(3) If the charges contained in the plea of the President’s Proctor are not
denied in the answer thereto, the party in whose favour the decree nisi has been
pronounced shall apply for the registrar’s certificate that the pleadings are in order
and, within fourteen days after obtaining it, set down the intervention for hearing,
and, within eight days after setting down the intervention, shall file and give to the
President’s Proctor notice of his having done so; and, if default is made in setting
down and giving notice to the President’s Proctor as aforesaid, the President’s
Proctor may apply forthwith by motion to rescind the decree and dismiss the
petition.
(4) If the charges contained in the plea of the President’s Proctor are denied in
the answer thereto, the President’s Proctor shall apply for the Registrar’s certificate
and, within fourteen days after obtaining it, set down the intervention for hearing,
and, within eight days after setting down the intervention, shall file and give to the
other parties to the intervention notice of his having done so.
[Act No. 9 of 1967, Sch.]
34. Intervention by person other than President’s Proctor
(1) When any person other than the President’s Proctor desires to show cause
against making absolute a decree nisi, he shall enter an appearance in the cause
in which the decree nisi has been pronounced, and shall within four days thereafter
file an affidavit setting forth the facts upon which he relies and within eight days of
filing such affidavit deliver copies thereof to the party or the advocate of the party
in whose favour the decree has been pronounced.
(2) The party in the cause in whose favour the decree nisi has been pronounced
may within fourteen days after delivery of the affidavits as aforesaid file an affidavit
in answer and within eight days after filing deliver copies thereof to the person
showing cause or to his advocate, and if any such affidavits are so filed and
delivered the person showing cause may within a further fourteen days file and
deliver copies of affidavits in reply.
(3) No affidavits shall be filed in rejoinder to the affidavits in reply without leave.
[Act No. 9 of 1967, Sch.]
35. Intervention to be heard in Nairobi
The hearing of any intervention under rule 33 or rule 34 of interventions these
Rules shall take place in Nairobi unless the Chief Justice to be heard otherwise
directs.
36. Decree absolute
(1) An application by a spouse to make absolute a decree nisi pronounced in
his favour shall be made by lodging with the registrar a notice of application in
M9 - 33
[Issue 1]
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات