“"procedure rules"” — court decisions

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Judgment[2002] KECA 4229 September 2002

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others

Court of Appeal at NairobiOle Keiwua,JUDGE APPEALCase number Civil Appeal 63 of 2001

Division and case type: CivilCivil Appeal

…That statement was made against the background of the rules of procedure as they were at that time (emphasis mine).…

…Since then, the new Civil Procedure Rules 1998, S1 1998/3132, have been introduced which represent a new way of conducting litigation.…

Petition struck outDismissed76 min read

Judgment[1987] KECA 789 July 1987

Bananahill Investment Ltd v Panafrican Bank Ltd & 2 others

Court of Appeal at NairobiJUDGE APPEAL,Kimani GachathiCase number Civil Appeal 68 of 1986

Division and case type: CivilCivil Appeal

…In answer to this I would say that order XXXIX rule 3 of the Civil Procedure Rules forbids the granting of an ex parte order of injunction without the other party being served with an application.…

…In contravention of Order VI of the Civil Procedure Rules no proper particulars were given of the fraud or negligence alleged.…

application is refusedDismissed22 min read

Judgment[1987] KECA 6923 November 1987

Shadrack Arap Baiywo v Bodi Bach

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 122 of 1986

Division and case type: CivilCivil Appeal

…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…

…He protested that order 5 rule 12 of the Civil Procedure Rules made service conditional on the process server really ascertaining that the defendant could not be found, and secondly that the adult member of the defendant’…

appeal failsDismissed14 min read

Judgment[2000] KECA 2230 July 2000

THE ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO (DECEASED) v STANDARD CHARTERED BANK KENYA LTD & ANOTHER

Court of Appeal at NairobiJUDGE APPEAL,OkwachCase number Civil Appeal 62 of 1999

Division and case type: CivilCivil Appeal

…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…

15 min read

Judgment[2000] KECA 20430 July 2000

The administrators of the estate of Maurice Ombogo (Deceased) v Standadr CHartered Bank Kenya Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,OkwachCIVIL APPEAL NO.162 OF 1999

Division and case type: CivilCivil Appeal

15 min read

Judgment[1990] KECA 568 January 1990

Jiwa v Jiwa & another

Court of Appeal at MombasaJudge July,JUDGE APPEALCase number Civil Appeal 59 of 1986

Division and case type: CivilCivil Appeal

…The decision was given on a chamber summons taken out by the defendants under Order 6 rule 13 of the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against…

8 min read

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…Rules.…

…Shabir was decided under the old order IX whereas this application is under the new order IXB rule 8 of the Civil Procedure Rules.…

application is dismissedDismissed28 min read

Judgment[1986] KECA 7021 July 1986

MNAZI MOJA ESTATES LIMITED v AMBALAL PURSHOTTAM MISTRY AND FIVE OTHERS

Court of Appeal at MalindiJUDGE APPEAL,Satchu,Ambalal MistryCase number Civil Appeal 47 of 1986

Division and case type: CivilCivil Appeal

…It was brought under order XXXVI rule 3A of the Civil Procedure Rules, and section 97 of the Civil Procedure Act. Rule 3A not relevant as this is not a mortgage dispute, and section 97 does not exist.…

…There is no specific provision under order XXXVI of the Kenya Civil Procedure Rules to file proceedings for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has…

18 min read

Judgment[2000] KECA 1230 July 2000

ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO v STANDARD CHARTERED BANK KENYA LTD & ANOTHER

Court of Appeal at NairobiJUDGE APPEAL,OkwachCase number Civil Appeal 162 of 1999

Division and case type: CivilCivil Appeal

15 min read

Judgment[1990] KECA 474 November 1990

Githu v Katibi

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 47 of 1989

Division and case type: CivilCivil Appeal

…judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order XXXVI rule 3B of the Civil Procedure…

…Rules.…

7 min read

Judgment[1988] KECA 1615 December 1988

Gatukuyu Coffee Growers Co-operative Society Ltd v Natgil Enterprises Limited

Court of Appeal at Nairobijudge Schofield,JUDGE APPEALCase number Civil Appeal 37 of 1986

Division and case type: CivilCivil Appeal

…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

7 min read

Judgment[1983] KECA 6518 October 1983

Ruithibo v Nyingi

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 21 of 1982

Division and case type: CivilCivil Appeal

….........RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings made under order XXI of the Civil Procedure…

…Rules.…

7 min read

Judgment[2000] KECA 1307 December 2000

Beatrice Nyambura Mucheru v Joyce Wanjiru Mucheru

Court of Appeal at NairobiJUDGE APPEAL,Kwach cited Sir Ralph,Njoroge NdiranguCase number Civil Appeal 212 of 1996

Division and case type: CivilCivil Appeal

…We must first consider the applicable substantive civil procedure rule under which the originating summons was filed.…

…It was because of this, according to submissions that the plaintiff came to Court under Order XXXVI rule 1 of the Civil Procedure Rules, which states, inter alia 'and any person claiming to be interested in the relief sought…

13 min read

Judgment[1987] KECA 7111 January 1987

Joash Ochieng Ougo & another v Virginia Edith Wambui Otieno

Court of Appeal at Nairobijudge January,JUDGE APPEALCase number Civil Appeal 3 of 1987

Division and case type: CivilCivil Appeal

…Appeal from the High Court at Nairobi, Shields J) JUDGMENT This is an appeal from an order which Shields J made upon the dismissal of the appellants’ application by chamber summons under order 39 rule 1 and 4 of the Civil Procedure…

…Rules (the rules).…

appeal succeedsAllowed9 min read

Judgment[2023] KEHC 2721426 December 2023

Ogolla v Onyango Otunga & Company Advocates

High Court at Kisumujudge Chamber SummonsCivil Appeal E101 of 2023

Division and case type: Environment and LandCivil Appeal

…being sought and obtained as stipulated in Section 79G of the Civil Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43 of the Civil Procedure…

…Rules or where the appeal does not lie at all; or where the appeal is led in the wrong court, i.e where the proceedings appealed from emanate, not from a court exercising jurisdiction that is supervised by the High Court…

7 min read

Judgment[1994] KECA 855 July 1994

Bernard Kiarie v Thuku Njoroge

Court of Appeal at NairobiWilliam Mbaya,JUDGE APPEALCase number Civil Appeal 76 of 1986

Division and case type: CivilCivil Appeal

…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…

8 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

…That the provisions of order XXXIX of the Civil Procedure Rules do not apply to this suit at all. A suit by a ratepayer must in law be by judicial review and not a plaint. (3).…

…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…

appeal failsDismissed62 min read

Judgment[1986] KECA 825 May 1986

John Onyango & another v Samson Luwayi

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 93 of 1985

Division and case type: CivilCivil Appeal

…The magistrate could if he deemed it proper invoke Order 1 r II of the Civil procedure Rules and authorize Javan Bulemi to conduct the suit. That is the correct step which should have been taken.…

appeal is dismissedDismissed9 min read

Judgment[1989] KECA 695 February 1989

Muthike v Kenya Film Corporation Ltd

Court of Appeal at NairobiCockar setting aside Mr,Cockar,JUDGE APPEALCase number Civil Appeal 7 of 1988

Division and case type: CivilCivil Appeal

…September, 1986 that the defence of the Defendant Corporation, the Kenya Film Corporation Limited, must be struck out as showing no cause of defence and for being vexatious (inter alia), under Order VI Rule 13 of the Civil Procedure…

…Rules.…

10 min read