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
…Procedure 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…
…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: CivilCivil Appeal
…In my view, Section 3A of the Civil Procedure Act is meant to give court power to deal with situations like this and make appropriate orders to meet the ends of justice”.…
…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…
Division and case type: CivilCivil Appeal
…It is normally the duty of the High Court under section 79C of the Civil Procedure Act to hear the parties, allowing the appellant to exercise his constitutional right of appeal.…
…The problem then is one of construing the words of section 79B of the Civil Procedure Act and especially the words ‘No sufficient ground.’…
Division and case type: CivilCivil Appeal
…It would appear to us that the superior court did not comply with section 79 B of the Civil Procedure Act relating to summary rejection of appeals to that court and rule 8B (1) of Order XLI of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…petition the petitioner also filed an application under a certificate of urgency by way of chamber Summons under section 17 and 30 of the Matrimonial Causes Act Cap.152 Laws of Kenya and order 39 Rules 1,2, and 3 of the Civil…
…Procedure Rules and section 3A of the Civil Procedure act.…
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: CivilCivil Appeal
…Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.…
…Procedure Act at the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…
…Procedure Act.…
Division and case type: CivilCivil Appeal
…It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order.…
…But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court. Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.…
Division and case type: CivilCivil Appeal
…Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.…
…Procedure Act at the Civil Procedure Rules.…
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: CivilCivil Appeal
…Procedure Rules (cap 21).…
…The Civil Procedure Act does not define the word “judgment”.…
Division and case type: CivilCivil Appeal
…It was dated 6th March 1996 and brought under 044 and S.3A Civil Procedure Rules and Civil Procedure Act respectively. The appellant prayed for orders that: 1.…
…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…
Division and case type: CivilCivil Appeal
…By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to…
…Thereafter made an application under Sec 3A of the Civil Procedure Act, Order VI Rule 13 Order XIV Rule 2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation…
Division and case type: CivilCivil Appeal
…Apart from what order III rule 8 as read with order III rule 3 of the Civil Procedure Rules says, it is a matter of common sense that once an advocate has been appointed to act for a party and he has taken the trouble to…
…The entry of such interlocutory judgment was irregular as Order IXA of the Civil Procedure Rules does not cater for entering of an interlocutory judgment when the nature of reliefs sought requires formal proof.…
Division and case type: CivilCivil Appeal
…Procedure Rules.…
…So the summons of August 19 was rightly brought under section 3A of the Civil Procedure Act (but not Rules as the respondents’ advocates carelessly put it). There were no grounds for invoking it in this case.…