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…But in interlocutory proceedings such as the present application, I am not prepared to say that the plaintiffs are therefore precluded from challenging the lawfulness of the decision of the Governing Council.…

…Order 19 Rule 3(1) of the Civil Procedure Rules provide that; ‘Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove: Provided that interlocutory proceedings, or by leave of the…

…The proper time for discovery is during the trial, not in interlocutory proceedings in an appeal, unless the documents are necessary for the just determination of the appeal itself.…

…It was presented in interlocutory proceedings, and the respondents did not get a chance to cross-examine the maker of the report on its contents. The court could not possibly rely on untested evidence. 12.…

…In interlocutory proceedings, however, statements based upon information and belief may be admitted provided the sources and grounds thereof are disclosed. 18.…

…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…

…Maureen Muriithi relied on Order 19 rule 3 (1) of the Civil Procedure Rules, 2010 that provides thus; Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove: Provided that in interlocutory…

…proceedings, or by leave of the court, an affidavit may contain statements of information and belief showing the sources and grounds thereof. 22.…

…purposes of informing each party what is the case of the opposite party which he will have to meet before and at the trial, and at the same time informing the court what are the issues between the parties which will govern the interlocutory…

…proceedings before the trial and which the court will have to determine at the trial.…

…In my view it is prima facie applicable to all interlocutory proceedings. But summary determinations are for plain cases, both as regards the facts and the law.…

…This approach is consistent with the principle in Nguruman Limited v Jan Bonde Nielsen & 2 Others [2014] eKLR, where the Court of Appeal cautioned that interlocutory proceedings should not be used to determine substantive…

…It looks like there may have been a statutory notice, which has unfortunately now been sneaked in the court record at a stage when the court has no option but to overlook it since it was never produced even during the interlocutory…

…proceedings which I have gone through.…

…to the said counterclaim do stand adjourned sine die with liberty to restore, and it is ordered that the costs of this suit, including the costs of the plaint, the defence and the counterclaim and the costs incurred in interlocutory…

…proceedings be taxed if not agreed and be paid by the plaintiff to the first defendant together with interest thereon calculated at court rates from the date of such taxation or agreement until the same are paid by the plaintiff…

…In the M’Ikiara matter, the Court held that all post judgment proceedings including originating proceedings and interlocutory proceedings for execution of judgments are statute barred after 12 years.…

…In interlocutory proceedings such as the present one, however, statements as to a deponent’s information or belief are admitted, provided the sources and grounds thereof are stated.…

…Although in interlocutory proceedings an affidavit may contain statements as to the deponent’s information or belief if the source of the information and grounds of believe are stated (see order 18, rule 3(1) of our Civil…

…Order 19 Rule 3(1) of the Civil Procedure Rules provides as follows: Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove: Provided that in interlocutory proceedings, or by leave…

…In my view it is prima facie applicable to all interlocutory proceedings. But summary determinations are for plain cases, both as regards the facts and the law.…

…An interlocutory injunction deals only with the probable success of the Plaintiff, and therefore is not a matter which is judicata, outside those particular interlocutory proceedings.…