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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.…

…The interim application on the other hand falls under the provisions of Order 50 Rule 1 of the Civil Procedure Rule.…

…The joint verifying affidavit is meant to meet the requirements of order 7 rule 1(2) of the Civil Procedure Rules set out above.…

….……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.…

…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.…

…That under explanatory note 5 to section 7 of the Civil Procedure Act, any relief claimed in a suit which is not expressly granted shall be deemed to have been refused.…

…Civil Procedure Act.…

…The said Order 43 is the procedural Order for Section 75 of the Civil Procedure Act”.…

…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.…

…On the face of application by the 1st defendant dated the 20th December 2023, is clear that it was brought pursuant Order 45 Rule 1 of the Civil Procedure Rules and section 80 of Civil Procedure Act chapter 21 of Laws of…

…Procedure Rules and Section 80 of the Civil Procedure Act.…

…Waweru Titi [2019] eKLR and National Bank of Kenya Limited v Ndungu Njau [1997] eKLR and submitted that Order 45 Rule 6 of the Civil Procedure Rules does not bar the Plaintiff’s application. 12.…

…The issue for determination is whether the Applicant’s application meets the threshold for review as provided for under Order 45 Rule 1 of the Civil Procedure Rules and Section 80 of the Civil Procedure Act. 19.…

…It was brought under the dint of Sections 1A, 1B, 3A of the Civil Procedure Act, Cap. 21, Order 51 of the Civil Procedure Rules, 2010, Sections 26 and 28 of the Mental Health Act Cap 248 and all other enabling provisions…

…To buttress on this point, the Counsel relied on the provision of Order 32 Rule 15 of the Civil Procedure Rules, 2010.…

…Procedure Act and Order 45 of the Civil Procedure Rules. 20.…

…None of the grounds under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules have been cited as the basis upon which the Plaintiff seeks for his desired orders.…

…The motion is brought under Orders 9 rule 9, 22 rule 22 and 45 of the Civil Procedure Rules and all other enabling provisions of the law seeks the following orders.…

…(i) Whether the motion meets the threshold in Order 9 rule 9 of the Civil Procedure Rules. (ii) Whether Order 22 rule 22 of the Civil Procedure Rules has any application in this matter?…

…The general power to amend pleadings draws from Section 100 of the Civil Procedure Act.  …

…However, this discretion should be exercised judiciously and in line with criteria set out under Order 8 Rule 3 of the Civil Procedure Rules.…

…The general power to amend pleadings draws from Section 100 of the Civil Procedure Act.  …

…However, this discretion should be exercised judiciously and in line with criteria set out under Order 8 Rule 3 of the Civil Procedure Rules.…

…The application is premised under Sections 1A, 1B, and 3A of the Civil Procedure Act, Order 1 Rule 6 and 51 of the Civil Procedure Rules, and Article 159 of the Constitution.…

…He asserted that his application was properly filed under Sections 1A, 1B, and 3A of the Civil Procedure Act, the 2010 Civil Procedure Rules, and Article 159 of the Constitution, among other enabling provisions of law that…

…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…

…Act, Cap. 21 and Order 37 Rule 3 of the Civil Procedure Rules, 2010.…

…Procedure Rules 2010 and is fit for striking out in terms of Order 4 Rule 6 of the civil procedure Rules, 2010. c) Whether in line with the provisions of Order 37 of the Civil Procedure Rules, 2010 the Plaintiff’s suit was…

…The Motion which is by the plaintiff is brought under Section 3A,63(c) and (e) of the Civil Procedure Act, Order 40 rules 1(a),3(3) and 4(1) of the Civil Procedure Rules and all other enabling provisions of the law and powers…

…The current motion does not seek stay of execution under Order 42 Civil Procedure Rules at the heading.…

…The Motion which is by the plaintiff is brought under Section 3A,63(c) and (e) of the Civil Procedure Act, Order 40 rules 1(a),3(3) and 4(1) of the Civil Procedure Rules and all other enabling provisions of the law and powers…

…The current motion does not seek stay of execution under Order 42 Civil Procedure Rules at the heading.…

…Procedure Act.…

…Even if the application was dismissed for want of prosecution as provided by Order 17, of the Civil Procedure Rules, the application herein is anchored under sections 1A and 3A of the Civil Procedure Act, which provisions…