Case law
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Division and case type: CivilCivil Appeal
…The appellant’s grounds for challenging the decision of the High Court, in brief outline, are that the judge erred in law in not appreciating that Order 5 rule 12 of the Civil Procedure Rules (the Rules) allows for service…
…On this evidence the learned Senior Resident Magistrate ruled that the summons had been properly served under Order V Rule 12 of the Civil Procedure Rules and dismissed the application.…
Division and case type: CivilCivil Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CivilCivil Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CivilCivil Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Order 50 rule 3 of the Civil Procedure Rules, from its own language, is limited to computation of the times provided for in the Civil Procedure Rules.…
…The Civil Procedure Rules is delegated or subsidiary legislation.…
Division and case type: High Court DivCivil Appeal
…Generally the filing of civil appeals in the High Court from decisions of the courts below is prescribed in Section 79 G of the Civil Procedure Act and Order 42 of the Civil Procedure Rules which provide that every appeal…
…The Appeal should therefore have been filed thirty days from 26th January 2024 so as to comply with Section 79G of Civil Procedure Act. 10.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…
…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…
…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…
Division and case type: High Court DivCivil Appeal
…It further referred to section 65 of the Civil Procedure Act which provides that an appeal to the High Court may be on a question of law or fact.…
…Further reliance was placed on section 80 of the Civil Procedure Act which gives the court power to review its judgment or decree and the case of Ivita v.…
Division and case type: High Court DivCivil Appeal
…and application offend provisions of Section 75 of the Civil Procedure Act and Order 43 Rule 1(2) and (3) of the Civil Procedure Rules requiring a dissatisfied party to seek leave of the trial court to institute an appeal…
…I find that the crux of the matter should be seen through the lens of Order 43 and 40 rule 7 of the Civil Procedure Rules and Section 75 of the Civil Procedure Act.…
Division and case type: High Court DivCivil Appeal
…It is at that point that the Respondents raised a preliminary objection pursuant to Order 2 Rule 9 of the Civil Procedure Rules on territorial jurisdiction under section 15 of the Civil Procedure Act.…
…In addition, the Civil Procedure Act in its long title is stipulated as “An Act of Parliament to make provision for procedure in Civil Courts.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Procedure Act.…
…of the rate of interest under section 26(2) of the Civil Procedure Act.…
Division and case type: High Court DivCivil Appeal
…Order 50 Rule 4 of the Civil Procedure Rules: This provision excludes the period between 21st December and 13th January (24 days) from the computation of time.…
…The Appellant argues that the suit was brought under Order 50 Rule 4 & 6 and Order 37 Rule 6 (2) of the Civil Procedure Rules as well as Sections 3A & 1A of the Civil Procedure Act and Section 27 & 28 of the Limitations Act…
Division and case type: High Court CivilCivil Appeal
…Act Cap 21 Laws of Kenya and Order 42 Rule 6, Order 45 and Order 51 Rule 1 of the Civil Procedure Rules, seeking the following orders: 1.…
…of the Civil procedure rules. 10.…
Division and case type: High Court DivCivil Appeal
…Before this court is an application by way of Notice of Motion dated 16/10/2025 brought under Sections IA 1B 3A and 800 the Civil Procedure Act Order 45 Rule 1 Order 51 Rule 1 the Civil Procedure Rules, and all other enabling…
…The Applicant has filed the application under the provisions of Sections IA 1B 3A and 800 (probably this ought to be Section 80) of the Civil Procedure Act Order 45 Rule 1 Order 51 Rule 1 the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Procedure Rules - whether provisions of the Civil Procedure Rules on enlargement of time could override or be applied to extend a statutory limitation period set under the Law Reform Act - Law Reform Act (cap. 26) section…
…Whether the court had jurisdiction to enlarge time for ling an application for leave to apply for certiorari beyond the statutory period under the Civil Procedure Rules. iii.…
Division and case type: High Court CivilCivil Appeal
…The same was brought under the provisions of Section 1A, 1B, 3 & 3A of the Civil Procedure Act, Order 9 rules 9 & 10 and Order 42 rule 6 of the Civil Procedure Rules 2010 as well as Article 159 (2) of the Constitution. 2.…
…This clearly offends the express provisions of Order 9 Rule 9 of the Civil Procedure Rules. 28.…
Division and case type: High Court DivCivil Appeal
…In his Notice of Motion dated 29th July 2025, the respondent has invoked the provisions of section 79G of the Civil Procedure Act and order 2 rule 15 (d) of the Civil Procedure Rules seeking the following substantive orders…
…Procedure Act.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Application is brought under Section 80 of the Civil Procedure Act, Order 45 Rule 1 of the Civil Procedure Rules and Article 159(2) of the Constitution. 4.…
…and Order 45 Rule 1 of the Civil Procedure Rules.…
Division and case type: MERU HIGH COURTCivil Appeal
…The right of appeal from interlocutory orders in civil proceedings is principally regulated by section 75 of the Civil Procedure Act, read together with Order 43 of the Civil Procedure Rules. 7.…
…Order 43 Rule 1(1) of the Civil Procedure Rules identifies the orders from which an appeal lies as of right.…