Case law
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Division and case type: CivilCivil Case
…........................................PLAINTIFF VERSUS KAMSONS LIMITED.....................................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil…
…Procedure Act for an order that the rate of interest awarded in the judgment for the sum of Kshs 65,000/- be compounded.…
Division and case type: CivilCivil Case
….…………..DEFENDANT RULING The defendant herein Kimunye Investments Ltd, moved the court under Section 3A of the Civil Procedure Act (Cap 21) asking for orders that:- “The sale of motor-vehicle Reg No KTJ 996, in August 1986…
…In the circumstances therefore I decline to exercise my discretion under Section 3A Civil procedure Act (Cap 21) to set aside sale as I was requested. The result is that I dismiss application with costs.…
Division and case type: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…The application dated 9th July 1987, is brought by the plaintiffs under order XXXIX rules 1 and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act.…
…I bear in mind also the provisions of section 7 of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
….…..DEFENDANT RULING I have before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…
Division and case type: Milimani Commercial CourtsCivil Case
…With due respect to learned counsel for the second defendant section 44 of the Civil Procedure Act, which I think he had in mind, is intended to protect, not corporate entities but artisans – whose livelihood depends on their…
Division and case type: CivilCivil Case
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…
Division and case type: CivilCivil Case
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…
Division and case type: CivilCivil Case
…OBED OMARI MOGERE……………….2ND DEFENDANT RULING This is an application by the plaintiffs brought by way of Notice of Motion under Section 3A of the Civil Procedure Act for an order that the court do vary and/or set aside the…
Division and case type: CivilCivil Case
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…
Division and case type: CivilCivil Case
…There is now before me an application by way of Chamber Summons under Order 41 Rule 4 and order 21 of the Civil Procedure Rules and section 3A of the Civil Procedure Act for orders that there be a stay of execution pending…
Division and case type: CivilCivil Case
…There is no guidance on this matter from the Civil Procedure Act and the Rules. There is a helpful passage cited to me in civil Appeal No 81 of 1984 Flora N Wasike vs Destino Wamboko) where at page 87, Hancox, J.A.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff has come under section 3A of the Civil Procedure Act Order 24 rule 1 and Order 50 rule seeking orders that the plaintiff be permitted to reinstate the withdrawal suit and the orders discontinuing the same be…
Division and case type: CivilCivil Case
….…………………………………………… 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…
Division and case type: CivilCivil Case
….…………………………………………… 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…