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…This therefore means that the Magistrate’s Court Act is deemed to have amended section 15 of the Civil Procedure Act.…

…Such a court is not the subject of the local jurisdiction contemplated by section 15 of the Civil Procedure Act.…

…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…

…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…

…On the question of interest, the Appellant relied on the provisions of Section 26(1) of the Civil Procedure Act and the case of Michael S. Odongo vs. South Nyanza Sugar Co.…

…Procedure Act.…

…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…

…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…

…It does not however specify the procedure for so doing or the period within which such appeals ought to be filed hence we must resort to the Civil Procedure Act and Rules. 7.…

…Section 25 of the Civil Procedure Act draws the distinction as follows: “The court, after the case has been heard, shall pronounce judgment and on such judgment a decree shall follow….” 8.…

…It further referred to section 65 of the Civil Procedure Act which provides that an appeal to the High Court may be on a question of law or fact.…

…Further reliance was placed on section 80 of the Civil Procedure Act which gives the court power to review its judgment or decree and the case of Ivita v.…

…Civil Procedure Act remain a fallback, where there are gaps in the Small Claims Court Act.…

…That avoids the process of having to apply formally, under section 18 of the Civil Procedure Act, and it saves time.…

…It is also submitted that section 6 of the Civil Procedure Act, properly understood, does not warrant striking out the proceedings before this Court. 5.…

…In view of the foregoing finding, it is unnecessary to determine the Preliminary Objection on the basis of section 6 of the Civil Procedure Act.…

…It would be stale for the purposes of the Small Claims Court Act, for lack of jurisdiction of the adjudicator, but not under the Civil Procedure Act.…

…There would be jurisdiction, for invocation of section 18 of the Civil Procedure Act, given that the claims under the Small Claims Court Act are civil by nature.…

…It would be stale for the purposes of the Small Claims Court Act, for lack of jurisdiction of the adjudicator, but not under the Civil Procedure Act.…

…There would be jurisdiction, for invocation of section 18 of the Civil Procedure Act, given that the claims under the Small Claims Court Act are civil by nature.…

…Thus, he urges that the application is a flagrant violation of the express provision of section 6 of the Civil Procedure Act.…

…Procedure Act. 12.…

…It is subsidiary legislation, made by the Rules Committee, established under section 81 of the Civil Procedure Act, Cap. 21, Laws of Kenya, to make Rules, for the purposes of the Civil Procedure Act, or any other written…

…law, which should not be inconsistent with the provisions of the Civil Procedure Act or any other applicable written law. 15.…

…Section 3(2) of the Magistrates Courts Act (enacted after the Civil Procedure Act) explicitly states that the "Resident Magistrate’s Court shall have jurisdiction throughout Kenya" .…

…This jurisdiction is anchored in Sections 17 and 18 of the Civil Procedure Act.…

…Procedure Act (Cap 21) Laws of Kenya. 4.…

…The granting of interest is governed by section 26 of the Civil Procedure Act.…

…Instead, they filed a notice of preliminary objection, dated 7th September 2022, arguing that the suit contravened section 15 of the Civil Procedure Act, Cap 21, Laws of Kenya, for the court lacked geographical or territorial…

…On territoriality, with respect to jurisdiction, sections 1 to 17 of the Civil Procedure Act, and Korea Nyamai vs. Neema Parcels Limited [2021] eKLR (Nyakundi, J) and Kenya Plantation and Agricultural Workers Union vs.…

…Procedure Act. 2.…

…The Court is guided by the oxygen principles under Sections 1A and 1B of the Civil Procedure Act and Article 159(2)(d) of the Constitution requiring courts to administer justice without undue regard to procedural technicalities…

…Further, the Appellant submitted that they filed the suit under Section 14 of the Civil Procedure Act and that the trial Magistrate had misapplied and misinterpreted Section 15 of the Civil Procedure Act. 9.…

…The Appellant’s Appeal is that they had filed their case based on Section 14 of the Civil Procedure Act.…

…The applications are expressed to be brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 45, Order 42 Rule 6 of the Civil Procedure Rules.…

…Unlike an order for stay of execution, stay of proceedings is a purely discretionary relief granted by the court under its inherent jurisdiction under Sections 1A and 3A of the Civil Procedure Act as the same is not expressly…

…The Respondent deposes that Section 42(1) of the Civil Procedure Act allows detention in execution of a decree for a period not exceeding six months.…

…Procedure Act and whether, in light of Sections 38, 40 and 42 of the Civil Procedure Act, the law permits successive or aggregated periods of detention in civil jail up to a maximum of six months under the same decree. 25…