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….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…The interim application on the other hand falls under the provisions of Order 50 Rule 1 of the Civil Procedure Rule.…

…The joint verifying affidavit is meant to meet the requirements of order 7 rule 1(2) of the Civil Procedure Rules set out above.…

…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.…

…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…

….……3RD DEFENDANT R U L I N G The 3rd defendant’s chamber summons dated 14th May 2004 is brought under Order 16 Rule 5 (a) of the Civil Procedure Rules.…

…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…

…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…

…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.…

…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.…

…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.…

…That sections 1A, 1B, 3A and 99 of the Civil Procedure Act does not grant the court jurisdiction to grant a remedy that was not expressly granted.…

…That under explanatory note 5 to section 7 of the Civil Procedure Act, any relief claimed in a suit which is not expressly granted shall be deemed to have been refused.…

…Civil Procedure Act.…

…The said Order 43 is the procedural Order for Section 75 of the Civil Procedure Act”.…

…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.…

…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.…

…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.…

…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.…

…Submissions The Applicant submitted that this is was a proper Application for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules since there was an error Apparent on the face of the…

…It is noted that the Application is filed under the provisions of Sections 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules.…

…Procedure Act.…

…of the rate of interest under section 26(2) of the Civil Procedure Act.…

…On the face of application by the 1st defendant dated the 20th December 2023, is clear that it was brought pursuant Order 45 Rule 1 of the Civil Procedure Rules and section 80 of Civil Procedure Act chapter 21 of Laws of…

…Procedure Rules and Section 80 of the Civil Procedure Act.…