Search court decisions

…That is what Order 1 rule 8(3) seeks to cure.…

…He appeared to come under both Order 1 rule 8 and Order 1 rule 13.…

…That is what Order 1 rule 8(3) seeks to cure.…

…He appeared to come under both Order 1 rule 8 and Order 1 rule 13.…

…8 of the CPR. 8.…

…8 of the civil procedure Rules.…

…1st Appellant Lavington Security Limited, has approached this court vide a Chamber Summons dated 2nd September 2026 brought under the provisions of Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya and Order 6A Rule…

…8 of the Civil Procedure Rules, 2010 and all other enabling provisions, wherein it craves for an order that the Chamber Summons filed herein dated the 2nd day of September 2026, being an urgent application, be heard at the…

…The appellant further submits that they were not liable to provide security and relies on Order 42 rule 8 of the Civil Procedure Rules. 6.…

…On the issue of security, the appellant relies on Order 42 rule 8 Civil Procedure Rules which exempts the government from the requirement to provide security in an application for stay of execution pending appeal.…

…Order 50 Rules 3 and 8 are what would be relevant in this case given that they provide for computation of time, when the time for doing any act or taking any proceeding expires on Sunday or on a day offices are closed and…

…Counting the days in this case the date of the decree being 26th January 2024 time started to run on 27th January 2024 as according to Order 50 Rule 8 of the Civil Procedure Rules the 26th January 2024 is to be excluded.…

…The learned trial magistrate failed erred in law and fact to hold that the judgment as delivered on 14.10.21, filed in the face of section 21(4) and (5) of the Government proceedings Act and order 10 Rule 8 and rule 11 of…

…8 and 11 of the Civil procedure Rules 2010.…

…The learned trial magistrate failed erred in law and fact to hold that the judgment as delivered on 14.10.21, filed in the face of section 21(4) and (5) of the Government proceedings Act and order 10 Rule 8 and rule 11 of…

…8 and 11 of the Civil procedure Rules 2010.…

…That the learned magistrate erred in law by wrongly interpreting the provisions of Order 50 Rule 8 of the Civil Procedure Rules, 2010 and enlarging time for the Respondent to bring the suit. v.…

…The Appellant faulted the trial court for relying on Order 50 Rule 8 of the Civil Procedure Rules in computing time and finding that the suit had been filed within the prescribed period.…

…It was contended that the citing of Order 10 Rule 8 of the Civil Procedure Rules was a typographical error that should not be visited upon an innocent litigant.…

…Pursuant to Order 10 Rule 8 of the Civil procedure Rules 2010, I proceed to dismiss this suit for want of prosecution.…

…The learned Magistrate erred in law by applying Order 1 Rule 8 as read together with Rule 13 of the Civil Procedure Rules to the Appellant yet the same had not been pleaded. c.…

…Whether the trial court erred in finding that the suit was a representative suit caught by Order 1 Rules 8 and 13 of the Civil Procedure Rules. c.…

…Order IXB rule 8 (and not order IXA rule 10). What is the law about this?…

…Shabir was decided under the old order IX whereas this application is under the new order IXB rule 8 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).…

…An application under 0.IXB rule 8, above, is in the nature of a review application.…

…The same was brought by the appellant under the provisions of section 3A & 80 of the Civil Procedure Act, Order 42 rule 8, Order 45 rule 1 and Order 51 of the Civil Procedure Rules 2010. 2.…

…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…

…is an application by way of Notice of Motion dated 28th February 2024 filed by the applicant/appellant through counsel Mokaya & Onyambu Advocates under Section 1A, and 1B of the Civil Procedure Act (Cap.21), and Order 42 Rule…

…8(2) and Order 51 Rule 1 of the Civil Procedure Rules 2010.…

…Order 5 rule 8(1) of the Civil Procedure Rules requires service upon the defendant in person wherever practicable, unless the defendant has an agent empowered to accept service, in which event service on that agent is sufficient…

…The Respondent bore the burden of proving that the 1st Appellant was an authorized agent of the 2nd Appellant for purposes of Order 5 rule 8. No such authority was demonstrated.…

…Ironmongers Sanytaryware Civil Appeal No. 16 of 1976 , it was held thus: - “It is a common ground that it is a matter for discretion whether or not to set aside a judgement under rule 8 of Order 9B of the Civil Procedure…

…M’mwereria [1987] KLR 193 the Court of Appeal stated thus: - “The basis of approach in Kenya to the exercise of the discretion to be employed or rejected under either Rule 8 or Rule 10 (the latter dealing with judgement by…

…Turning to the issue of security for the due performance of the decree, the Applicant cited the provisions of Order 42 Rule 8 of the CPR and argued that the said provision is explicit that no security shall be required from…

…I find that in the face of the clear provisions of Order 42 Rule 8 of the CPR which states that no security shall be required from the government in proceedings for stay pending appeal, the provision of security is not a…