Disability is not Inability

:: High Court

:: Commercial Court

INTRODUCTION

.The Commerical Court is a division of the High Court which is specially designated to hear and determine commericial matters.

.The Commericial Court is based at Milimani Law Courts in Nairobi.

.Currently matters relating to land taxation, which are commercial in natiure are heard in thd Commericial Court, however, there are plans to eastablish courts specially designated to hear Land/Environmental and Tax matters respectively.

COMPOSUTION

.The Commercial Court is comprised of judges.

There are also Magistrates duly appointed by the Chief Justice to hear Commercial Matters

executive powers.

PROCEDURE

Matters heard in the Commericail Courts are filed in the same manner as ordinary Civil proceedings:

1. Registration of Suit.

.The person/his advocate presents this plaint for filing within a specific time

.Documents filed should normally be in English language.

.The Registry clerk then calculates the fees payable and then opens a court file and allocates it a Case Number.

.The plaint is then stamped and one copy filed in the court file while the plaintiff retains a copy for himself and another for service upon the defendant(s).

2. Issuing of Summons.

.The summons is prepared by the court clerk who then delivers it to a court process server in duplicate for service on the defendant.

.The defendant, upon service, must sign the summons or affix his thumbprint thereto, retaining a copy of the plaint and the summons.

.The process server then endorses the original copy of the summons, indicating the place, date and time that service was effected.

.He then returns it to the court clerk, who places it in the court file.

3. Hearing of the Suit

.Both parties are required to attend the hearing of the matter.

.Once judgment has been entered, the party in whose favour it was entered applies to the court to draw uo a decree. Such a decree contains the priincipal amount claimed in the suit together with interest. (The courts presently award interest at 12% of the principal amount)

.Once this is done, the decree holder is free to apply for the execution of his decree. It is by the process of execution that the decree holder is able to receive his dues.

An appeal can filed 30 days after delivery of judgement.

4. Appeals

.Appeals from lower courts and tribunals are filed in the High Court Appeals registry.

.An appeal against civil judgment must normally be filed within 30 days after such judgment is delivered and pronounced.

Cause List

.The registry prepares a daily cause list in which all cases to be heard on any given day are indicated by their:

.Number;

.Names of parties;

.Name of the particular judge to hear the case(s)

. Chamber or court number where proceedings will be conducted.

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