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…This was a liquidated claim under Order 10 Rule 4 of the Civil Procedure Rules. 5. The Respondent subsequently extracted the decree dated 2nd July 2018.…

…Rules.…

…Rules.…

…The Appellant has approached this court under Order 42 Rule 6 of the Civil Procedure Rules, claiming that substantial loss would be suffered unless the order sought is granted.…

…Directions, with respect to compliance with Order 11 of the Civil Procedure Rules had been taken.…

…Talking about Order 5 Rule 2, it will be noted that this provision is not in the Civil Procedure Act, Cap 21, Laws of Kenya, but the Civil Procedure Rules. It is a rule of procedure, which was not made by Parliament.…

…rules.…

…There is no doubt that this provision of the Civil Procedure Rules is crucial. In the case of S.K.…

…The Appellants filed a Notice of Motion application dated 26th July 2024 under Certificate of Urgency pursuant to Section 1A, 3A and 79G of the Civil Procedure Act, Order 42 Rule 6(2) of the Civil Procedure Rules and all…

…Rules.…

…The Respondent opposed this grounds stating that Order 8 of the Civil Procedure Rules does not apply to Small Claims Court.…

…It is pointed out that the Small Claims Court (Procedure) Rules contains distinct amendment procedure.…

…The Appellant, a body corporate, has filed a Notice of Motion dated 07th April 2025 under Section 3A of the Civil Procedure Act and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules.…

…Rules. 5.…

…I have considered the application and the only issue that arise for determination is whether the Appellant has met the threshold for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules. 5.…

…There are three cumulative conditions for obtaining a stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules.…

…The applicant relied on Order 42 Rule 6 of the Civil Procedure Rules and the cases of Ivita v Kyumbu [1975] eKLR and John Nahashon Mwangi v Kenya Finance Bank Limited (In Liquidation) (2015) eKLR and urged the court to grant…

…It also relied on Order 51 Rule 6 Civil Procedure Rules and urged the court to enlarge time for the appeal to be heard on merit.…

…The statutory framework, including the Civil Procedure Act and Civil Procedure Rules, governs the procedure and conditions under which appeals from the Magistrates'' Courts can be brought to the High Court.…

…The starting point is the Civil Procedure Rules, which are clear on who bears the duty to institute 3rd party proceedings.…

…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.…

…I note that the Applicant has filed his Application under the provisions of Order 42 Rule 6 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…A Preliminary Objection was raised by the Defendant, who is the Respondent herein alleging that the Plaintiff had not complied with Order 32 Rule 1 and 2 of the Civil Procedure Rules, when filing the suit.…

…Whether the Appellant had complied with Order 32 Rules 1 and 2 of the Civil Procedure Rules; c. Whether the trial court erred in striking out the suit.…

…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.…

…In my considered view, the procedure adopted by the decree holder offended the clear provisions of Section 30 of the Civil Procedure Act and Order 22 Rule 6 of the Civil Procedure Rules. 25.…

…The court struck out the plaint in accordance with the provisions of Order 11 Rule 3 of the Civil Procedure Rules.…

…The trial court struck out the plaint out under Order 11 Rule 3 of the Civil Procedure Rules.…

…, and it was therefore necessary that leave from the court to appeal be sought prior to filing of the appeal as required under Section 75 of the Civil Procedure Act and Order 43 (2) of the Civil Procedure Rules. 11.…

…Order 43, rule 1 of the Civil Procedure Rules provides the orders in which appeals would lie as of right of a party.…

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

…The court of review has only a limited jurisdiction circumscribed by the definitive limits fixed by the language used in Order 44 rule 1, of the Civil Procedure Rules.…

…The Appellant, on the other hand, argued that the Notice of Appeal substantially complied with Order 42 Rule 1 of the Civil Procedure Rules, contained the grounds of appeal and should be treated as a Memorandum of Appeal…

…Order 42 Rule 1(1) of the Civil Procedure Rules provides that every appeal to the High Court shall be by way of a Memorandum of Appeal signed in the same manner as a pleading. 9.…

…The Appellants raised a Preliminary Objection dated 11 th December 2024, contending that the suit contravened Section 5 of the Oaths and Statutory Declarations Act (Cap 15) and Order 3 of the Civil Procedure Rules as the…

…I find that the main issues for determination are: - a) Whether the verifying affidavit contravened Section 5 of the Oaths and Statutory Declarations Act and Order 3 Rule 2 of the Civil Procedure Rules; b) Whether the defect…

…The deponent stated that the application did not meet the test under Order 42 Rule 6 of the Civil Procedure Rules, as the appeal lacked merit, and also because the security which had been offered was insufficient. 5.…

…On the test under Order 42 Rule 6, it was urged that the titles offered by the applicants could not amount to security envisaged under Order 42 Rule 6 of the Civil Procedure Rules.…