Case law
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Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: High Court CriminalCriminal Appeal
…Act Cap 21, Order 45 Rules 1 of the Civil procedure Rules 2010,Section 364(2) of the Criminal Procedure Code and all other enabling powers and provisions of the laws. 7.…
…As to whether this court can rely on Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, they submitted that these provisions are specifically focused on the review of civil judgments and orders…
Division and case type: Environment and LandLand Case
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…
Division and case type: Environment and LandLand Case
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…
Division and case type: High Court DivCriminal Appeal
…The application is expressed to be brought under Order 12 Rule 7 of the Civil Procedure Rules, Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act, Articles 50 and 159 of the Constitution, and all other enabling provisions…
…The application is brought under, among others, Order 12 Rule 7 of the Civil Procedure Rules, which provides: "Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may…
Division and case type: Environment and LandLand Case
…He felt that the reasons adduced by the applicant were sufficient to persuade the Court to revive the suit in accordance with its powers donated by Order 24 rule 7, Sub-rule 2, of the Civil Procedure Rules 2010 and also Section…
…3A of the Civil Procedure Act.…
Division and case type: High Court CriminalCriminal Appeal
…Review is provided for in the civil process, under the Civil Procedure Act, Cap. 21, Laws of Kenya., and the Rules made under it, the Civil Procedure Rules. 9.…
Division and case type: High Court CriminalCriminal Appeal
…Review is provided for in the civil process, under the Civil Procedure Act, Cap. 21, Laws of Kenya., and the Rules made under it, the Civil Procedure Rules. 9.…
Division and case type: High Court CriminalCriminal Appeal
…Zablon Mathenge Itewa (2018) eKLR and Order 2 Rule 15 of the Civil Procedure Rules wherein the principles governing the striking out of pleadings were outlined. The Duty of the Court In Abok James Odera & Associates vs.…
…Analysis and Determination Order 2 Rule 15 of the Civil Procedure Rules 2010 stipulates as follows on the striking out of pleadings: - (1) At any stage of the proceedings the court may order to be struck out or amended any…
Division and case type: CriminalCriminal Appeal
…of courts in the two cases are agreed that an express statutory provision conferring, jurisdiction with the majority in MUNENE’s case holding that such express statutory authorization is to be found in section 66 of the Civil…
…Procedure Act, Cap 21, while the majority in NJERU’s case thought that section 66 of the Civil Procedure Act does not provide a basis for the assumption of jurisdiction by the court.…
Division and case type: High Court DivCriminal Appeal
…Learned counsel seems to appear to rely on provisions of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules which deal with matters of revision.…
Division and case type: High Court DivCriminal Appeal
…read together with section 6 of the Judicature Act; That the petition expressly offends the provisions of section 12 of the Government Proceedings Act; That the petition contravenes the provisions of Order 1 Rule 8 of the Civil…
…Procedure Rules 2010; and That the petition is against a judicial decision of a magistrate which can only be challenged by way of an application for review before the same court or by way of an appeal to a higher court.…
Division and case type: CriminalCriminal Appeal
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
Division and case type: Environment and LandLand Case
…Since the defendant has already filed his defence, parties are directed to comply fully with Order 11 of the Civil Procedure Rules and take a date for pretrial within 90 days from the date hereof. Orders accordingly.…
Division and case type: High Court DivCriminal Appeal
…Uganda [1972] E.A.549 and Abdul Aziz Oduor & another v Republic [2019] eKLR and urged that the court considers section 333(1)&(2) of the Civil Procedure Code in sentencing.…
Division and case type: High Court CriminalCriminal Appeal
…That the Application as brought under Articles 159(2)(k) of the Constitution and Section 358 of the Civil Procedure Code Cap 75(sic) is brought under provisions which are both non-existent Sections of the laws known in Kenya…
…under which the Application is premised, contrary to the submissions by the State, apart from the cited Article of the Constitution, the Application is also premised on Section 358 of the Criminal Procedure Code and not the Civil…
Division and case type: High Court DivCriminal Appeal
…Before this Court is a notice of motion dated 23rd March 2026 expressed to be brought under Section 1A and 3A of the Civil Procedure Act, Order 42 rule 6(1) of the Civil Procedure Rules and all other enabling provisions of…
Division and case type: High Court DivCriminal Appeal
…THAT the learned trial magistrate erred in law by failing to comply with the provisions of Order 21, Rule 2(1) and (2), 3(1) and (2) of the Civil Procedure Act. iii.…