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Civil Procedure Rules

3. When only defendant attends [Order 12, rule 3]

Edition: 2022-12-31 · In force

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3. When only defendant attends [Order 12, rule 3]

(1)If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except for good cause to be recorded by the court.
(2)If the defendant admits any part of the claim, the court shall give judgment against the defendant upon such admission and shall dismiss the suit so far as it relates to the remainder except for good cause to be recorded by the court.
(3)If the defendant has counterclaimed, he may prove his counterclaim so far as the burden of proof lies on him.
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Source: Kenya Law