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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.…

…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…

…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.…

…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…

…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…

…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.…

…Procedure Act.…

…Instead, the court finds that an award of interest at court rates is reasonable and consistent with the discretion conferred by Section 26 of the Civil Procedure Act. 15.…

…Wrong Procedural Vehicle: Section 99 of the Civil Procedure Act is confined to clerical/arithmetical errors or accidental slips.…

…variation and addition of parties which is not permitted by section 99 of Civil Procedure Act.…

…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 application is expressed to be brought under Order 51 Rule 1 of the Civil Procedure Rules, 2010; Sections 3, 3A of the Civil Procedure Act; and Sections 79 and 80 of the Land Registration Act, 2012. 3.   …

…In matters involving the execution of a decree, Section 34(1) of the Civil Procedure Act is instructive: "All questions arising between the parties to the suit in which the decree was passed, or their representatives, and…

…Section 15 of the Civil Procedure Act deals with the place of suing and is primarily concerned with convenience and venue.…

…Further, territorial jurisdiction under section 15 of the Civil Procedure Act is distinguishable from substantive jurisdiction.…

…The application is brought under the provisions of Sections 1A, 1B, 3A & 80 of the Civil Procedure Act, and Order 45 Rule 1, 2(1) and 2(2) of the Civil Procedure Rules, alongside all other enabling provisions of the law.…

…The proper avenue for correcting such an anomaly is not a substantive review, but an amendment to cure an accidental slip or omission under section 99 of the Civil Procedure Act. 11.   …

…Before the court is the plaintiff/applicant’s Notice of Motion dated 30 September 2025, brought under sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 51 Rule 1 of the Civil Procedure Rules, 2010.…

…The court’s power to refer a dispute to mediation with the consent of the parties is anchored in sections 59B and 59C of the Civil Procedure Act, and in Order 46 of the Civil Procedure Rules, 2010, which together provide…

…APPLICATION 1 The Hon Attorney General the 4th Defendant and who represents the 2nd 3rd, 4th ,5th and 6th Defendants has filed the instant motion pursuant to the provisions of sections 1A,1B,3,3A of the civil procedure Act…

…, Section 7 of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules 2010 and all other enabling provisions of the law.…

…The Plaintiff/ Applicant is of the view that Section 18 of the Civil Procedure Act bestows upon the High Court the power to transfer any suit pending before it to any court subordinate to it and competent to try it or withdraw…

…At best, this suit should be dealt with under Section 6 of the Civil Procedure Act and await the outcome of the Malindi CMCLC E040 of 2023, which is currently at an advanced stage of consideration.…

…Submissions The Applicant submitted that this is was a proper Application for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules since there was an error Apparent on the face of the…

…It is noted that the Application is filed under the provisions of Sections 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules.…

…Okanda, learned Counsel for the Plaintiff submits that as the foundational dispute has been resolved by the parties, the Court has wide discretion under Section 27 of the Civil Procedure Act to order that each party bears…

…The Court must also determine whether, in the exercise of its discretion under Section 27 of the Civil Procedure Act and in light of the settlement reached by the parties, it would be appropriate to order that each party…