ADVOKS GLOBAL · KENYA
Civil Procedure Rules
7. Appearance in action against firms [Order 30, rule 7]
Edition: 2022-12-31 · In force
7. Appearance in action against firms [Order 30, rule 7]
(1)Any person served as a partner under rule 3 but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as “a person served as a partner in the defendant firm, but who denies that he was a partner at any material time”; and such appearance as long as it stands shall be treated as an appearance for the firm.(2)If an appearance is so entered—(a)the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; or(b)the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such; or he may at the proper time deliver a defence denying either or both—(i)his liability as a partner;(ii)the liability of the defendant firm in respect of plaintiff’s claim.(3)An order may on the application of either party at any time be made that the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time or times as the court may think fit.