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…PLAINTIFF VERSUS DESANUO & 13 OTHERS……………………………………DEFENDANT RULING The plaintiff The Da Gama Rose Group of Companies Limited, has made an application by way of Chamber Summons under order XXXIX rules 2 and 3 of the Civil Procedure…

…Rules for a temporary injunction to be issued restraining the defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known…

…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…

…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…vs Kiromo [1969] EA page 172 that as the process server made no inquiry about the defendant’s whereabouts it could not be said that he could not be found so as to allow service on his wife under order 5 rule 12 of Civil Procedure…

…Rules.…

…This is further supported by the mandatory provision of Order VII rule 4(1) of the Civil Procedure Rules Cap 21 which stipulates that where a defendant is sued in a representative capacity the plaint shall state the capacity…

…Having noted that the first suit was not instituted by Jeremiah Kamau Gitau, Mary Wanjiku Mungai and Philisila Njeri Mungai and having found that they were not sued in representative capacities as envisaged in the Civil Procedure…

…defendant’s own affidavit as adumberated above, this is a case where the defendant is grossly guilty of abusing the process of Court, the defence is one which is absolutely vexatious and must be struck out under the Civil Procedure…

…Rules order VI rule 6.…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…When this suit came up for hearing on 21st April, 2010, counsel for the plaintiff applied to withdraw the plaintiff’s suit under the provisions of order 24 Rule 1 of the Civil Procedure Rules.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…DEFENDANT R U L I N G This is an application for an interlocutory injunction brought under Order XXXIX Rule 2 of the Civil Procedure Rules and all the enabling provisions of the law.…

…The application is said to have been brought under Order XLV Rule 14 of the Civil Procedure Rules, but as pointed out by Mr. Muguku, Counsel for the plaintiffs/respondents, the correct Rule should be 15.…

…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…

…It would appear from the process server’s report that service was done in accordance with Order V rule 14 of the Civil Procedure Rules which states:- “Where the serving officer, after using all due diligence cannot find the…

…It would appear from the process server’s report that service was done in accordance with Order V rule 14 of the Civil Procedure Rules which states:- “Where the serving officer, after using all due diligence cannot find the…

…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…

…On the assessment of evidence on liability I find that the suit is not contested and in terms of Order 6 rule 9(1) of the Civil Procedure Rules the defendant is deemed to have admitted the allegations of the plaintiff save…

…Amendment) Act (Act No. 6, 2009), Order XXXIX Rules 1, 2, 3 and 9, Order V Rule 17 (1) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act.…

…As order VI rule 4(1) of the Civil Procedure Rules provides, such a defence should be pleaded.…

….…………………………………………… DEFENDANT RULING In an application filed in this court on 9th March, 1998, the applicant Peter Ng’ang’a Muiruri, under, Order LIII rule 6(a) Civil Procedure Rules and section 3 of the Civil Procedure Act…