Case law
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Division and case type: CivilCase number Civil Application
…In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security…
Division and case type: CivilCase number Civil Application
…Here in Kenya we do not have such an order and rule in our legislation and we respectfully draw the attention of the rules committee to the English ones for introduction, if it thinks fit, into the Civil Procedure Rules.…
Division and case type: CivilCase number Civil Application
…That defence naturally triggered off an application for summary judgment by the respondents under order 35 rule 1 of the Civil Procedure Rules.…
Division and case type: CivilCase number Civil Application
…Under the provisions of Order XLV rule 17 (2) of the Civil Procedure Rules when the judgement has been entered in terms of the award there is no appeal from that judgment unless the judgment entered is in excess of or not…