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…The same was brought under Articles 159 (2) of the Constitution, Sections 1A, 1B, 3 & 3A of the Civil Procedure Act & Order 9 rules 9 & 10 of the Civil Procedure Rules 2010. 2.…

…Procedure Rules 2010 but rather the principles therein were only good for guidance. 9.…

…A stay of execution is an equitable remedy granted at the court's discretion, primarily under Order 42 Rule 6(2) of the Civil Procedure Rules, 2010.…

…Procedure Rules, 2010. 2) Whether the proclamation and the warrants of attachment and sale ought to be lifted 15.…

…incompetent, frivolous, and an abuse of the court process as the Applicant has failed to satisfy the mandatory conditions for grant of an order of stay of execution pending appeal as stipulated under Order 42 Rule 6(2) of the Civil…

…Procedure Rules (2010).…

…Procedure Rules 2010 and c) Whether the trial court erred in failing to assess liability regardless of his finding on liability. 14.…

…Finally, the appellants impugned the trial court’s decision for failure to comply with Order 21 Rule 4 and 5 of the Civil Procedure Rules 2010.…

…is before me is the Notice of Motion dated 22nd April 2022 brought under section 3A, 79G and 95 of the Civil procedure Act (Cap 21), Order 22, Rule 22, Order 42 Rule 6, Order 50 Rule 6 and order 51 Rules 1 and 3 of the Civil…

…Procedure Rules, 2010 and all other enabling provisions of the law.…

…It is brought under the provisions of Section 3A of the Civil Procedure Act, Order 42 Rule 6, Order 50 Rule 5, Order 51 Rule 16(3), and Order 22 Rule 22 of the Civil Procedure Rules, 2010 and all other enabling provisions…

…The legal framework for granting a stay of execution pending appeal is found in Order 42 Rule 6(2) of the Civil Procedure Rules, 2010, which provides; "No order for stay of execution shall be made under subrule (1) unless…

…Before the court is the plaintiff/applicant’s Notice of Motion dated 30 September 2025, brought under sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 51 Rule 1 of the Civil Procedure Rules, 2010.…

…The court’s power to refer a dispute to mediation with the consent of the parties is anchored in sections 59B and 59C of the Civil Procedure Act, and in Order 46 of the Civil Procedure Rules, 2010, which together provide…

…This ruling arises from an application dated 21st May 2025, brought under Order 1A, Order 1B, Order 3A, Order 9 Rules 9 and 10, Order 42 Rule 6, and Order 51 Rule 1 of the Civil Procedure Rules, 2010 (Cap 21, Laws of Kenya…

…Order 9 Rule 5 of the Civil Procedure Rules, 2010, provides as follows: “A party suing or defending by an advocate shall be at liberty to change his advocate in any cause or matter, without an order for that purpose, but…

…That the learned trial magistrate erred in law and fact by allowing the respondent’s application despite it not meeting the legal threshold for review under section 80 of the Civil Procedure Act, 2010 and order 45 of the Civil…

…Procedure Rules, 2010. k) That the learned trial magistrate erred in law and fact by not having any regard for the authorities cited by the appellant during the hearing of the review applications. l) That the learned trial…

…By way of a Notice of Motion dated 26th March 2026 brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010 , the Appellant/Applicant, West…

…Learned counsel for the applicant submitted that the conditions for the grant of an order for stay of execution pending appeal are specified under Order 42 Rule 6(1) and (2) of the Civil Procedure Rules, 2010 , and that the…

…Procedure Rules 2010. c) That the trial court erred in law and fact by dismissing the plaintiff’s suit with costs. 5.…

…The appellant further impugned the trial court’s judgment on account of its failure to comply with the provisions of Order 21 rule 4 of the Civil Procedure Rules 2010.…

…Whether the trial court erred in its treatment of the 3rd Party under Order 1 of the Civil Procedure Rules, 2010, and in declining to enter judgment against him in the appellant's favour; v.…

…As to the latter, I can find no trace of it among the exhibits produced at trial, and no application was made under Order 42 Rule 27 of the Civil Procedure Rules, 2010 for leave to adduce it as additional evidence on appeal…

…Before this court is an application dated 12th May, 2026 brought pursuant to Section 93A of the Civil Procedure Act, Order 42 Rule 6(1), Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules 2010.…

…Lavington Security Limited, has approached this court vide a Chamber Summons dated 2nd September 2026 brought under the provisions of Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya and Order 6A Rule 8 of the Civil…

…Procedure Rules, 2010 and all other enabling provisions, wherein it craves for an order that the Chamber Summons filed herein dated the 2nd day of September 2026, being an urgent application, be heard at the earliest possible…

…application dated 10th December 2024 pursuant to Article 25©, 50 and 165(6) & (7) of the Constitution of Kenya 2010, Section 1, 1B, 3A and Section 75 of the Civil Procedure Act and Order 46 Rule 6 and Order 51 Rule 1 of the Civil…

…Procedure Rules 2010 seeking orders of stay of the proceedings in all the matters in the series that had been referred for arbitration pending the hearing of the application and the appeal.…

…Section 80 of the Civil Procedure Act, and Order 45 of the Civil Procedure Rules 2010. Section 80 of the Civil Procedure Act states as follows; “80.…

…Order 45 of the Civil Procedure Rules 2010 also states thus;- “45. 1(1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, or (…

…Procedure rules 2010. 2.…

…The Learned Trial Magistrate erred in law and fact, and misapprehended the direct consequences of failing to comply with Order 5 Rule1 of The Civil Procedure Rules 2010, that is couched in mandatory terms, will result to…

…Ezekiel Ken Otieno Karia) pursuant to Order 38 of the Civil Procedure Rules 2010.…

…The Respondent submitted further that the Appellant had failed to pursue third party proceedings against the driver of KAZ 007E, as required under Order 1 Rule 15 of the Civil Procedure Rules 2010, relying on James Gikonyo…

…Ezekiel Ken Otieno Karia) pursuant to Order 38 of the Civil Procedure Rules 2010.…

…The Respondent submitted further that the Appellant had failed to pursue third party proceedings against the driver of KAZ 007E, as required under Order 1 Rule 15 of the Civil Procedure Rules 2010, relying on James Gikonyo…