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: Environment and LandPetition
…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
…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: Constitutional and Human RightsPetition
…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…
…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…
Division and case type: Constitutional and Human RightsPetition
…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…
…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…
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: Environment and Land CourtPetition
…He also relied on Order 12 rule 7 of the Civil Procedure Rules, which donates powers to the courts to set aside or vary judgement of dismissal of a suit. further, they relied on Order 51 Rule 15 of the Civil Procedure Rules…
…Rules.…
Division and case type: CivilCivil Appeal
…Whilst the time limited for doing something under the civil Procedure Rules can be extended by an application under order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited…
…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…
Division and case type: Environment and Land CourtPetition
…There are three conditions for granting of stay order pending Appeal under Order 42 Rule 6 (2) of the Civil Procedure Rules to which: i.…
…The provision of Order 9 Rules 9 and 10 of the Civil Procedure Rules, 2010 provides: Rule 9.…
Division and case type: Environment and Land CourtPetition
…Rules, as read together with Order 29, Rule 4 of the Civil Procedure Rules, and Section 21(1) and (4) of the Government Proceedings Act.…
…Rules.…
Division and case type: CivilCivil Appeal
…Thus, by that Rule the procedure which regulates appeals from subordinate courts to the High Court prescribed in Order XLI Civil Procedure Rules applies to appeal from the tribunal to the High Court. In H.…
…If he was relying on the Civil Procedure Act or Rules he has not referred to any specific section or rule which sanctions the appeal and we know of none.…
Division and case type: CivilCivil Appeal
…25 of the Civil Procedure Rules.…
…The respondents asked the High Court judge to hear the application in vacation which was granted under the provision of rule 3(1) of the High Court (Practice and Procedure) Rules.…
Division and case type: Environment and Land CourtPetition
…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…
…That the rules that apply to Constitutional petitions are the Constitution of Kenya (Practice and Procedure Rules 2013, ‘The Mutunga Rules’) and not the Civil Procedure Rules 2010.…
Division and case type: CivilCivil Appeal
…Rules.…
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
Division and case type: Environment and Land CourtPetition
…They cited the Constitutional and Statutory provisions and the Civil Procedure Rules they relied on. Besides they supplied this Court with sufficient legal precedents on the subject matter at hand. 7.…
…Rules, 2010.…
Division and case type: CivilCivil Appeal
…Rules.…
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
Division and case type: CivilCivil Appeal
…If the appellant was going to rely o illegality as a defence to the claim, he was obliged to plead it - See Order 6 rule 4 of the Civil Procedure Rules.…
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
Division and case type: Environment and Land CourtPetition
…It is filed under Articles 47, 48, 50, and 159 of the Constitution of Kenya; Order 12 Rule 7, Order 51 Rules 1 and 15, and Order 42 Rule 6 of the Civil Procedure Rules; and Sections 1A, 1B, 3A, and 80 of the Civil Procedure…
…On January 7, 2025, the Court registry, through the Deputy Registrar, issued a Notice to Show Cause why the suit should not be dismissed for lack of prosecution under Order 17 Rule 2 of the Civil Procedure Rules. 7.…