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…The terms under Order 5 Rule 1 of the Civil Procedure Rules are couched in mandatory terms. 28.…

…Although the rules are couched in mandatory terms, each case has to be decided on its own merits and circumstances vary.…

…It is to be noted that section 79G of the Civil Procedure Act is couched in mandatory terms. In Mapesa v Amakobe [2025] KEELC 4794 (KLR) where the appeal was filed out of time, the court held that: 20.…

…Section 79G of the Civil Procedure Act is couched in mandatory terms in so far as the 30-day period for filing appeal is concerned.…

…That provision is in mandatory terms; hence the limitation period is strict. 15. The other part, represented by Crown Beverages Limited vs.…

…All these provisions are in mandatory terms.…

…The provisions of Order 43 rule 3 are couched in mandatory terms, and the Appellant is obliged to obtain leave before filing an appeal. It is a procedure that ought to be followed.…

…The requirement is couched in mandatory terms and my view is that where leave to appeal is a pre-requisite before an appeal can be lodged, failure to seek and obtain leave is fatal and consequently, no competent appeal can…

…That provision is in mandatory terms. 3.…

…The provision is not coached in mandatory terms, for there is provision for extension of time, on account of disability; and for reckoning of a weekend or public holiday, when the last day falls on such a day, by virtue of…

…The same is couched in mandatory terms and so must be complied with . m/s Nyamweya mambo Leo and co advocates are still on record and have neither been served with the application nor is there a consent from them .Article…

…ARM Cement PLC (In Liquidation) [2023] KEHC 2417 (Gichohi, J) took the position that section 34(1) of the Small Claims Court Act was in mandatory terms, and any action taken by a court after the sixty days have expired, would…

…It was held, in both matters, that the provisions were in mandatory terms, and once the time expired, the court lacked jurisdiction, and whatever determinations it came to were null and invalid.…

…Without deciding whether, in the instant case, that which could be regarded as an oversight constitutes sufficient reason for extending the time so as to include the documentary exhibits, we consider that the mandatory terms…

…Without deciding whether, in the instant case, that which could be regarded as an oversight constitutes sufficient reason for extending the time so as to include the documentary exhibits, we consider that the mandatory terms…

…Section 34(1) of Small Claims Court Act is in mandatory terms.…

…The rule is couched in mandatory terms thus where the appellant does not comply with the Rule of the Appeal is deemed to be incompetent and cannot proceed to full consideration on its merits.…

…The 1 st respondent, further, avered that section 34 of the Small Claim Court Act is couched on mandatory terms and does not provide for extension of the sixty (60) days given making any judgment delivered after the time…

…terms, the 1 st respondent submitted, it does not vitiate any judgment delivered by courts after the said term.…

…Section 34(1) of Small Claims Court Act is in mandatory terms.…

…The parties had agreed to resolve disputes through arbitration, as outlined in the mandatory terms. The learned trial magistrate acknowledged this agreement and determined she lacked jurisdiction to hear the case.…

…The rule is couched in mandatory terms thus the omission by the appellant to include the documents renders the appeal incompetent. In Hamida Naroi Shek Vuri Vs.…

…The Civil Procedure Rules Order 42 Rule 13(4) (f) is couched in mandatory terms.…

…The respondent submits that section 79G of the Civil Procedure Act prescribes in mandatory terms a limitation period of 30 days for lodging an appeal against a decision of the original court with the exceptions in instances…

…It is the Respondent’s position that whereas the afore-stated section is couched on mandatory terms, it does not vitiate any judgment delivered by courts after the said term. 17.…

…It is this court’s position that whereas the afore-stated section is couched in mandatory terms, it does not vitiate any judgment delivered by courts after the said period, the section does not give sanctions for any proceedings…