Case law
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Division and case type: Environment and LandCivil Suit
…This has been developed by case law and anchored on the provisions of order 1 rule 12(1) (2) Civil Procedure Rules.…
…Rules of procedure are good servants but bad masters.”…
Division and case type: COMMERCIAL DIVISIONCivil Suit
….……3RD DEFENDANT R U L I N G The 3rd defendant’s chamber summons dated 14th May 2004 is brought under Order 16 Rule 5 (a) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
….……………… 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.…
Division and case type: CivilCivil Suit
….…………………………………………………….DEFENDANTS R U L I N G This is an application brought by the defendants under Order 9B Rule 8, Order 21 Rules 22, 25 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Suit
…It offends o VI rule 9(3) Civil Procedure Rules. But under o 35 rule 2 Civil Procedure Rules, a defendant may show by affidavit or otherwise that he should have leave to defendant the suit.…
…Are the foregoing the issues envisaged by o 35 rule 2 Civil Procedure Rules? OXIV rule 1(4) Civil Procedure Rules defines what an issue is.…
Division and case type: CivilCivil Suit
…The application is brought under Order 41 rule 4 of the Civil Procedure Rules. It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…The application is brought under Order 41 rule 4 of the Civil Procedure Rules. It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…Rule and VI rule 13 (b) ( c ) and (d) Civil Procedure Rules.…
…Directions on a summons under O. 51 Civil procedure Rules have not been given.…
Division and case type: Milimani Commercial CourtsCivil Suit
…It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules. It seeks: 1.…
…The Applicant has invoked Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. These are general provisions of law.…
Division and case type: CivilMiscellaneous Application
…The applicant wanted to restrain the defendant from committing an injury so he could apply to the court for a temporary injunction to restrain the defendant under order XXXIX rule 2 of the Civil Procedure Rules (cap 21) if…
…My researches have not unearthed any rules by the Rules Committee for the procedure of obtaining a temporary injunction save those made under section 81 of the Act which are known as the Civil Procedure Rules.…
Division and case type: CriminalMiscellaneous Application
…Rules.…
…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
…for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and further that the application ought to have been brought under order 49 of the Civil Procedure…
…Rules and not Section 79 G of the Civil Procedure Act.…
Division and case type: CivilCivil Suit
…Filed along the plaint is a Chamber Summons in which the plaintiff seeks interim orders of injunction to issue under Order XXXIX Rules 1 and 2 of the Civil Procedure Rules based on the grounds that the piece of land in question…
…Consequently the plaint filed in this court and Chamber Summons dated the 12th May 2003 amounts to abuse of the process of court and are hereby struck out under Order VI Rule 13(1) (d) of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…
…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…
Division and case type: CivilCivil Suit
…Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
Division and case type: CivilMiscellaneous Application
…Rules.…
…Rules and dated 4th June, 1985.…
Division and case type: CivilCivil Suit
…The defendants rely on in support of this objection the provisions in orders 45 rule 16, order 45 rule 17(a) and order 20 45 rule 17(2) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…Order VII Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilMiscellaneous Application
…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…
…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…
Division and case type: CivilMiscellaneous Application
…By legal notice No 164 of 1992, the Rules Committee amended order 53 of the Civil Procedure Rules whereby their existing rules 1 & 2 of order 53 were deleted and new rules were inserted in their place.…
…If it were a limited time prescribed under the Civil Procedure Rules or by an order of the Court of by summary notice. I could have enlarged that period.…