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…The Application is expressed to be brought under Order 42 Rule 6 (6) of the Civil Procedure Rules, 2010 and Section 3A of the Civil Procedure Act, Cap. 21.…

…Counsel urged that the Appellant has failed to meet the conditions set out in Order 40 of the Civil Procedure Code.…

…</></><><>></><><>></><><>></><><>></><><>></><><>></><><>></><><>></><><>>> ><> id="_Hlk160798142">and Order 43(1)(2) and (1)(3) of the Civil Procedure Rules in as far as the appeal is against the order of 18/1/2023 setting…

…the matter for formal proof hearing which does not fall under order 43(1)(i) of the Civil Procedure Rules.That this court has no jurisdiction to hear and determine the appeal as filed herein.…

…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.…

…51 Rule 1 of the Civil Procedure Rules, Section 91 of the Children’s Act, 2022 and Articles 50 and 53 of the Constitution 2010 and all other enabling provisions of law.…

…Stay of execution pending appeal is governed by Order 42 Rule 6 of the Civil Procedure Rules .…

…Reliance was placed upon Section 30 of the Civil Procedure Act and Order 22 Rule 6 of the Civil Procedure Rules for the argument that a decree holder must first apply to the court which passed the decree unless the decree…

…Reference was made to Order 23 Rule 1 Civil Procedure Rules which permits attachment of debts due from a garnishee to a judgment debtor. 13.…

…Procedure.…

…I note that execution by way of committal to a civil jail is permissible under Section 38 of the Civil Procedure Act.…

…Procedure Act, cap. 21 and order 45 of the Civil Procedure Rules which provide for review and the procedure for application for the order.…

…Section 80 of the Civil Procedure Act reads as follows: 80.…

…The courts are now enjoined to give effect to the overriding objective in the exercise of its powers under the Civil Procedure Act, the court is no longer limited to the foregoing provisions.…

…The courts are now enjoined to give effect to the overriding objective in the exercise of its powers under the Civil Procedure Act or in the interpretation of any of its provisions.…

…So, unlike under Order 45 rule 1 of the Civil Procedure Rules, where review must be on application, under the Small Claims Court Act, the court can act suo moto. 11.…

…That provision does not tie the Small Claims Court to the Civil Procedure Act, Cap 21, Laws of Kenya, or the Rules made under it.…

…The Applicant invoked the ground of sufficient reason under Order 45 Rule 1 of the Civil Procedure Rules. The Applicant also relied on section 80 of the Civil Procedure Act.…

…Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules.…

…Reliance was placed upon Section 30 of the Civil Procedure Act and Order 22 Rule 6 of the Civil Procedure Rules for the argument that a decree holder must first apply to the court which passed the decree unless the decree…

…Reference was made to Order 23 Rule 1 Civil Procedure Rules which permits attachment of debts due from a garnishee to a judgment debtor. 13.…

…The Application is expressed to be brought under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 22 Rule 25. Order 42 Rule 6.…

…Counsel submitted that the Application is anchored on Order 42 Rule 6 of the Civil Procedure Rule 2020.…

…The said Order 43 of the Civil Procedure Rules was the procedural order for Section 75 of the Civil Procedure Act Cap 21 (Laws of Kenya).…

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

…' By Notice of Motion application dated1st April 2025 the Applicant pursuant to Section 3 and 3A of the Civil Procedure Act and Order 45 Rule 1 and 2 and Order 51 of the Civil Procedure Rules sought that the court grants…

…Section 80 of the Civil Procedure Code provides for a substantive power of review by a civil court and consequently by the appellate courts.…

…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…

…The principal ground is that the case for review did not meet the test or threshold set out in section 80 of the Civil Procedure Act, Cap 21, Laws of Kenya, and order 45 of the Civil Procedure Rules. 6.…

…There are 2 principal grounds for review of court orders, under section 80 of the Civil Procedure Act and order 45 of the Civil Procedure Rules. These are error on the face of the record and discovery of new material.…

…Before me is an application by way of Notice of Motion dated 28th August 2023 filed by the applicant in person under Article 50 and 159 of the Constitution of Kenya, Section 1A, 1B, 3A, & 65 of the Civil Procedure Act and…

…Order 40, 42, and 51 Rules 1 and 3 of the Civil Procedure Rules.…

…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.…

…The application is brought under the provisions of Order 45 of the Civil Procedure Rules and is supported by the applicant's affidavit.…

…It was submitted that this was not a proper application for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, as there was no error apparent on the face of the record.…