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….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…Procedure Act.…

…of the rate of interest under section 26(2) of the Civil Procedure Act.…

…That sections 1A, 1B, 3A and 99 of the Civil Procedure Act does not grant the court jurisdiction to grant a remedy that was not expressly granted.…

…Procedure Act in this suit.…

…This therefore means that the Magistrate’s Court Act is deemed to have amended section 15 of the Civil Procedure Act.…

…Such a court is not the subject of the local jurisdiction contemplated by section 15 of the Civil Procedure Act.…

…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…

…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…

…On the question of interest, the Appellant relied on the provisions of Section 26(1) of the Civil Procedure Act and the case of Michael S. Odongo vs. South Nyanza Sugar Co.…

…Procedure Act.…

…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…

…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…

…The 3rd Defendant has therefore come back to this court under the provisions of Section 99 of the Civil Procedure Act, seeking for correction of the error in the judgment.…

…Section 99 of the Civil Procedure Act provides that, "Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission may at any time be corrected by the court…

…It does not however specify the procedure for so doing or the period within which such appeals ought to be filed hence we must resort to the Civil Procedure Act and Rules. 7.…

…Section 25 of the Civil Procedure Act draws the distinction as follows: “The court, after the case has been heard, shall pronounce judgment and on such judgment a decree shall follow….” 8.…

…It further referred to section 65 of the Civil Procedure Act which provides that an appeal to the High Court may be on a question of law or fact.…

…Further reliance was placed on section 80 of the Civil Procedure Act which gives the court power to review its judgment or decree and the case of Ivita v.…

…Civil Procedure Act remain a fallback, where there are gaps in the Small Claims Court Act.…

…That avoids the process of having to apply formally, under section 18 of the Civil Procedure Act, and it saves time.…

…Procedure Act.…

…The court further held: “The advocate’s Notice of Motion creates a presumptions that he had a right of appeal pursuant to Section 79G of the Civil Procedure Act and therefore Sections 65 and 75 of the Civil Procedure Act…

…It is also submitted that section 6 of the Civil Procedure Act, properly understood, does not warrant striking out the proceedings before this Court. 5.…

…In view of the foregoing finding, it is unnecessary to determine the Preliminary Objection on the basis of section 6 of the Civil Procedure Act.…

…It would be stale for the purposes of the Small Claims Court Act, for lack of jurisdiction of the adjudicator, but not under the Civil Procedure Act.…

…There would be jurisdiction, for invocation of section 18 of the Civil Procedure Act, given that the claims under the Small Claims Court Act are civil by nature.…

…It would be stale for the purposes of the Small Claims Court Act, for lack of jurisdiction of the adjudicator, but not under the Civil Procedure Act.…

…There would be jurisdiction, for invocation of section 18 of the Civil Procedure Act, given that the claims under the Small Claims Court Act are civil by nature.…

…Section 11 of the Civil Procedure Act, 2010 provides that every suit shall be instituted in the court of the lowest grade competent to try it.…

…Procedure Act, Cap 221 Law of Kenya.…

…Section 11 of the Civil Procedure Act, 2010 provides that every suit shall be instituted in the court of the lowest grade competent to try it.…

…Procedure Act, Cap 221 Law of Kenya.…

…The gist of the response was that the intended execution process was irregular and unlawful because costs had not been ascertained as required under Section 94 of the Civil Procedure Act (Cap 21).…

…Whether the plaintiff's application is irregular and in violation of Section 94 of the Civil Procedure Act 8.…

…Thus, he urges that the application is a flagrant violation of the express provision of section 6 of the Civil Procedure Act.…

…Procedure Act. 12.…