Case law
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Division and case type: CivilCivil Appeal
…Whilst the time limited for doing something under the civil Procedure Rules can be extended by an application under order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited…
…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Procedure Rules.…
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
Division and case type: CivilCivil Appeal
…Procedure Rules.…
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
Division and case type: CivilCivil Appeal
…If the appellant was going to rely o illegality as a defence to the claim, he was obliged to plead it - See Order 6 rule 4 of the Civil Procedure Rules.…
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
Division and case type: CivilCivil Appeal
…Apart from what order III rule 8 as read with order III rule 3 of the Civil Procedure Rules says, it is a matter of common sense that once an advocate has been appointed to act for a party and he has taken the trouble to…
…The entry of such interlocutory judgment was irregular as Order IXA of the Civil Procedure Rules does not cater for entering of an interlocutory judgment when the nature of reliefs sought requires formal proof.…
Division and case type: CivilCivil Appeal
…petition the petitioner also filed an application under a certificate of urgency by way of chamber Summons under section 17 and 30 of the Matrimonial Causes Act Cap.152 Laws of Kenya and order 39 Rules 1,2, and 3 of the Civil…
…Procedure Rules and section 3A of the Civil Procedure act.…
Division and case type: CivilCivil Appeal
…Mwenesi, for the appellant, argued before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does…
…Order V1 rule 9 of the Civil Procedure Rules is clear. Any allegation of fact made by a party in this pleading shall be deemed to be admitted by the opposite party unless it is traversed by that party in his pleading.…
Division and case type: CivilCivil Appeal
…By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to…
…Thereafter made an application under Sec 3A of the Civil Procedure Act, Order VI Rule 13 Order XIV Rule 2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation…
Division and case type: CivilCivil Appeal
…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…
…Kuloba, J. refused to set aside the said judgment the result of which refusal precipitated an application made on 9th November, 1998 by the respondent herein under Orders XLIV rules 1 and 2 and L rule 11 of the Civil Procedure…
Division and case type: CivilCivil Appeal
…At the same time the plaint was filed the plaintiff filed a Chamber Summons under "Order XXVI rules (sic) 5 Civil Procedure Rules as amended (sic) and Order XXXIX rules 1, 2 & 3 Civil Procedure Rules as amended (sic) and…
…Procedure Rules (service of summons on Corporations) to provide for, in the first instance, personal service on relevant officer(s) of the Corporation.…
Division and case type: CivilCivil Appeal
…Civil Procedure Rules, Order 6 Rule 13 3. Civil Procedure Rules, Order 35 rules 1 and 2 4. Registered Land Act, (Cap 300) section 30(f) 5. Land Title Acts Cap 282 6. Land Title Court Ordinance, Cap 143, 1926 7.…
…The Respondent, however, filled a Notice of Motion on February 15, 1982, seeking that the defence be struck out as disclosing no reasonable answer to the claim, under order 6 Rule 13 of the Civil Procedure Rules, and summary…
Division and case type: CivilCivil Appeal
…That was a fact which we think was relevant in determining whether or not the appellant’s suit was a fit case for dismissal under 0.IXB rule 4(1) of the Civil Procedure Rules.…
…The application was expressed to be brought under 0.1XB rule 8 of the Civil Procedure Rules and S.3A of the Civil Procedure Act, (Cap 21 Laws of Kenya).…
Division and case type: CivilCivil Appeal
…given in answer to an ex parte summons in chambers of August 19, 1982 of the respondents expressed to be brought under rule 3(2) of the High Court (Practice and Procedure) Rules, section 3A and order XXI rule 25 of the Civil…
…Procedure Rules.…
Division and case type: CivilCivil Appeal
…The applications before me are made under order XLI, Rule 4(1) of the Civil Procedure Rules and Inherent powers of this court.…
…used in Section 12 of the Act in a restricted sense, in that the Tribunal can possibly vary or rescind its order or determinations in the sense that the High Court can review its orders or judgments under order XLIV of Civil…
Division and case type: CivilCivil Appeal
…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…
…respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil…
Division and case type: CivilCivil Appeal
…This is one of the requirements a judge may consider when granting an interlocutory injunction as pointed out in Order 39 rule 2(2) of Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…This appeal arose from the appellant’s plaint having been struck out and dismissed on application by respondent under order VI rule 13 of the Civil Procedure Rules on grounds that: (a) It disclosed no reasonable cause of…
…Founding himself upon order VI rule 13 of the Civil Procedure Rules, he asked Aluoch, J to strike out Mr Kairiuki’s plaint because it disclosed no reasonabale cause of action, was frivolous and vexatious and was an abuse…
Division and case type: CivilCivil Appeal
…Instead of going to trial, the respondent filed a motion on notice under order XXXV, rule 1 of the Civil Procedure Rules (which Mr Omesh Kapila still calls incorrectly the Civil Procedure (Revised) Rules) in which he asked…
…The respondent Messrs Agriquip Agencies (EA) Ltd applied to the High Court for summary judgment under order XXXV rule 1 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Simultaneously with this plaint, the respondent applied for a temporary injunction under Order 39 rr 1,2 and 3 of the Civil Procedure Rules.…
…Meanwhile, on 20th June, 1994 the appellant made an application under Order 39 rule 4 of the Civil Procedure Rules seeking the discharge of the ex parte order made on 19th June, 1994.…
Division and case type: CivilCivil Appeal
…Procedure Rules with no relevance to election petitions.…
…the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate from his powers as attorney be it for the signing of a divorce petition under the Civil Procedure Rules or an election petition…