Search court decisions

…Whether the Applicant has satisfied the conditions for the grant of an order of stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules. 69.…

…I will now consider whether the Applicants have satisfied the requirements under Order 42 Rule 6(2) of the Civil Procedure Rules.…

…Procedure 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.…

…The 2nd respondent also averred that the appellant/applicant hadn’t met the test under Order 42 Rule 6 of the Civil Procedure Rules, as it had not given an undertaking for the due performance of the orders that may ultimately…

…Order 43 rule 1 (1) (l) of the Civil Procedure Rules provides that:- “An appeal shall lie as of right from the following orders and rules under the provision of section 75 (1) (b) of the Act:- … (l) Order 23, rule 7 ( trial…

…This ruling determines the Notice of Motion application dated 6th October 2025 (“the present application”), brought by the Appellant/Applicant (“the Applicant”) under Order 45 Rule 1 of the Civil Procedure Rules, 2010, Sections…

…1A, 1B and 3A of the Civil Procedure Act, and Order 50 Rule 6 and Order 51 of the Civil Procedure Rules.…

…I have considered the Appellant’s application dated 25/07/2025 brought under Order 50 Rule 1 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…Section 80 of the Civil Procedure Act, and Order 45 of the Civil Procedure Rules 2010. Section 80 of the Civil Procedure Act states as follows; “80.…

…Procedure Rules by vacating, rather than varying, the injunction. 9.…

…It is argued that this omission resulted in a flawed exercise of discretion under Order 40 Rule 7 of the Civil Procedure Rules. 28.…

…Counsel for the Applicant Mr Kingoina had not that M/S had no complied with order 9 rule 9 of the civil procedure Rules by seeking leave to come on record in place M/S Nyamweya Mamboleo & co. who are on record for the Applicant…

…Also that order 42 Rule 6 of the Civil procedure Rules provide that once stay has been granted then the aggrieved party can only appeal . 4.…

…In doing so, the court relied on Order 50 rule 4 of the Civil Procedure Rules and excluded the period of the Christmas vacation, running from 21st December to 13th January, from the computation of time.…

…Procedure Rules. 18.…

…6 of Civil Procedure Rules, sections 1A, 1B, 3A of Civil Procedure Act.…

…Procedure Rules.…

…Several orders from which an appeal lay as a matter of right were enumerated under Order 43 of the Civil Procedure Rules.…

…Procedure Rules.…

…The Applicant submitted that the application satisfies the requirements of Order 42 Rule 6(2) of the Civil Procedure Rules. 7.…

…The Respondent opposed the application and argued that judgment having been entered in the lower court, any change of advocates required compliance with Order 9 Rule 9 of the Civil Procedure Rules (CPR). 14.…

…On the matter of invoices, the appellant submits on joinder of causes of action, and cites Order 2 of the Civil Procedure Rules, Mukisa Biscuits Manufacturing Co. Ltd vs.…

…Order 42 rule 13(4) of the Civil Procedure Rules sets out the material that ought to be placed before an appellate Judge, for the purpose of having the appeal resolved.…

…I will now consider whether the Applicants have satisfied the requirements under Order 42 Rule 6(2) of the Civil Procedure Rules. 27.…

…I therefore find that the Applicants have demonstrated the likelihood of suffering substantial loss within the meaning of Order 42 Rule 6(2)(a) of the Civil Procedure Rules. 39.…

…Whether there was breach of Order 22 Rule 18 (1) of the Civil Procedure Rules 8.…

…Order 22 Rule 18 (1) of the Civil Procedure Rules provides that:- 18.…

…Order 42 rule 2 of the Civil Procedure Rules has not been complied with, for there is no certified copy of the orders appealed from, being that dated 26th August 2022.…

…Order 42 rule 13(4) of the Civil Procedure Rules was not complied with, with reference to Order 42 rule 13(4)(f), for a copy of the impugned ruling, typed and certified, is not on record. 4.…

…Procedure Rules.…

…This being an application for stay of execution of judgment or order of the trial court, it is governed by the provisions of Order 42 Rule 6(2) of the Civil Procedure Rules, which states as follows:- “6(2) No order for stay…

…Firstly, the Magistrate failed to address his Preliminary Objection, despite clear non compliance with Order 9 of the Civil Procedure Rules .…

…Jaden Jonathan & Mwambi Advocates—did not file or serve a Notice of Appointment as required under Order 9 Rule 6 of the Civil Procedure Rules.…

…Order 42 rule 2 of the Civil Procedure Rules has not been complied with, for there is no certified copy of the orders appealed from, being that dated 26th August 2022.…

…Order 42 rule 13(4) of the Civil Procedure Rules was not complied with, with reference to Order 42 rule 13(4)(f), for a copy of the impugned ruling, typed and certified, is not on record. 4.…

…The 1st respondent moved the court through a Notice of Motion dated the 8th day of February 2024 under sections 1A, 1B and 3A of the Civil Procedure Act, Order 42 Rule 35 (2) and Order 51 Rule of the Civil Procedure Rules…

…Procedure Rules empowers this Honourable Court to dismiss an Appeal for want of prosecution. h) It is hereby in the interest of justice that the application be allowed as prayed. 3.…