Civil Procedure Act

64. Compensation for arrest, attachment or injunction on insufficient grounds

Edition: 2022-12-31 · In force

64. Compensation for arrest, attachment or injunction on insufficient grounds

(1)Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under section 63—

(a)it appears to the court that the arrest, attachment or injunction was applied for on insufficient grounds; or

(b)the suit of the plaintiff fails and it appears to the court that there was no reasonable or probable ground for instituting the same, the defendant may apply to the court, and the court may, upon such application, award against the plaintiff by its order such amount, not exceeding two thousand shillings, as it deems a reasonable compensation to the defendant for the expense or injury caused to him:

Provided that, a court shall not award under this section an amount exceeding the limits of its pecuniary jurisdiction.

(2)An order determining an application under subsection (1) shall bar any suit for compensation in respect of the arrest, attachment or injunction.

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Source: Kenya Law