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: CivilCivil Appeal
…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 9(3).…
…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 DivCivil Appeal
…Rules. c.…
…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.…
Division and case type: High Court DivCivil Appeal
…The Appellant submitted that the appeal raised a single issue, namely whether the trial Magistrate misapprehended Order 22 Rule 51(1) of the Civil Procedure Rules. 9.…
…Under Order 22 Rule 51 of the Civil Procedure Rules and buttressed by the authority above, objector proceedings ought to be filed before the sale of the attached asset. 22.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The respondent reacted, by way of an affidavit sworn on 1st November 2022, where it sought protection under Order 50 rule 3 of the Civil Procedure Rules.…
…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.…
Division and case type: High Court DivCivil Appeal
…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 against an order…
…made pursuant to Order 40 Rule 4 of the Civil Procedure Rules granting ex parte injunction like the order appealed from herein given on 2 nd January 2026. 4.…
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
…On Order 42 rules Civil Procedure Rules, it is submitted that the court retains discretion to order security be deposited.…
…42 rule 6(2) of the Civil Procedure Rules.…
Division and case type: High Court DivCivil Appeal
…Rules.…
…Rules.” 9.…
Division and case type: High Court CivilCivil Appeal
…rules. 10.…
…Procedure Rules, rather than Rule 29 of the Small Claims Court Rules.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Notice of Motion dated 17th April 2025 is brought under Section 3A of the Civil Procedure Act, Order 42 Rule 6, and Order 51 of the Civil Procedure Rules.…
…Rules. 5.…
Division and case type: High Court CivilCivil Appeal
…The same was brought under Order 42 Rule 6 of the Civil Procedure Rules. The same sought the stay of execution of the order of the lower court made on 28/8/2025 pending appeal. 2.…
…That in any event the applicant had not satisfied the requirements under Order 42 Rule 6 of the Civil Procedure Rules.…
Division and case type: High Court CivilCivil Appeal
…The application is brought pursuant to Order 42 Rule 6 of the Civil Procedure Rules, sections 1A, 1B and 3A of the Civil Procedure Act and all other enabling provisions of the law. 2.…
…Order 42 Rule 6 of the Civil Procedure Rules requires an applicant for stay of execution to demonstrate that the application was made without unreasonable delay, that substantial loss may result unless the order is granted…
Division and case type: High Court DivCivil Appeal
…Whereas the Small Claims Court Act is a complete code with its own rules of procedure.…
…Order 42 Rule 2 of the Civil Procedure Rules provides that a certified copy of the decree, not judgment, be filed together with the Memorandum of Appeal. 9.…
Division and case type: High Court CivilCivil Appeal
…They submit that they have satisfied the requirements of Order 42 rule 6 of the Civil Procedure Rules, and that the memorandum of appeal filed discloses an arguable appeal.…
…Rules.…
Division and case type: High Court DivCivil Appeal
…In response, the Counsel for the Applicant submitted that under order 3 rule 1 Civil Procedure Rules the appeal is as of right and no leave is required.…
…Order 43 rule 1 Civil Procedure Rules lists the provisions under which an appeal lies as of right under order 43 (1) of the Civil Procedure Rules.…
Division and case type: High Court DivCivil Appeal
…Rules, and all other enabling provisions of the law.…
…He made reference to Order 40 Rule 1 of the Civil Procedure Rules and urged the Court to find that no proof was presented to show that the estate is in danger of being alienated or sold.…