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…Counsel for the Applicant relied on the provisions of Section 18(1)(b) of the Civil Procedure Act CAP 21.…

…This jurisprudence was founded upon the well-known Ugandan Case of KAGENYI –VS- MUSIRAMO & ANOTHER [1968] E.A. 43 where it was held that whereas section 18 of the Ugandan Civil Procedure Act (which is identical to section…

…The application is premised on the provisions of Order 43 Rule 2 of the Civil Procedure Rules, Section 79G of the Civil Procedure Act and Article 152 (2) of the Constitution.…

…No reasons, if any, have been proffered as to why the appeal was not filed within the 30 days period set out in Section 79G of the Civil Procedure Act. 4.…

…It was brought under the dint of Section 99 of the Civil Procedure Act, Cap. 21 Order 45 Rule 1 of the Civil Procedure Rules, 2010 and all other Enabling Provisions of the Law. 2.…

…The Application was basically grounded under the provision of Section 99 of the Civil Procedure Act.…

…Procedure Act (cap 21).…

…Procedure Act.…

…The power of this court to transfer a suit filed in the subordinate court is contained in Section 18 of the Civil Procedure Act, Cap 21, Laws of Kenya, which provides as follows : 18.…

…The second is the place of contract, which is covered in Section 15 of the Civil Procedure Act which provides as follows : 15.…

…Counsel analyzed the issues in favour of the applicants and relied upon section 2 of the Civil Procedure Act Chapter 21 Laws of Kenya and Order 24 Rule 4 (4) of the Civil Procedure Rules 2010 on the meaning and joinder of…

…Further, reliance was made on Order 42 Rule 6 of the Civil Procedure Rules 2010, sections 1A and 79G of the Civil Procedure Act Chapter 21 Laws of Kenya, Absolom Dova-vs-Tarbo Transporters (2013) eKLR and Thuita Mwangi-vs-Kenya…

…This court has considered the application dated 19th March 2024 brought under Article 159 of the Constitutional of Kenya, Section the Civil Procedure Act CAP 21 Laws of Kenya, Order 45 and 51 Rule 3, and 15 of the Civil Procedures…

…The aforesaid rule is based on section 80 of the Civil Procedure Act, Cap. 21 Laws of Kenya which states as follows: “Any person who considers himself aggrieved- (a) by a decree or order from which an appeal is allowed by…

…Procedure Act.…

…He further averred that the suit offends Sections 65 and 76 of the Civil Procedure Act, Order 1 Rule 10, Order 42 Rule 5, and Order 2 Rule 15 of the Civil Procedure Rules; and sought for the suit to be struck out with costs…

…Before this Court is the Plaintiffs/Applicants’ Notice of Motion Application dated 11th December 2025, brought under Articles 50(1) and 159(2)(d) of the Constitution of Kenya, Sections 1A, 1B and 3A of the Civil Procedure…

…The Applicants also relied on section 3A of the Civil Procedure Act, and Article 159(2)(d) of the Constitution, which this court has carefully considered together with the written submissions and the court records, and renders…

…The first application is dated 04.09.2024 brought under Sections 63 (e) and 3A of the Civil Procedure Act whereby the 3rd respondent sought, inter alia, orders that; a.…

…The third application dated 15.10.2024 objected to execution proceedings and was brought under Article 159 of the Constitution, Sections 3A, 80 and 100 of the Civil Procedure Act, Sections 93, 83 and 45 of the Law of Succession…

…The subject application is the notice of motion by the exparte applicants dated 28th May 2024 stated to be brought under Sections 80 and 3A of the Civil Procedure Act, Order 1XB Rule 8 and XLIV Rule 1, 2 and 3 of the Civil…

…He relied on the grounds in the application and the supporting affidavit, Article 159 of the Constitution, Sections 1A, 1B, 3 & 3A of the Civil Procedure Act and the case of Catherine Kigasia Kivai v Ernest Ogesi Kivai &…

…Procedure Act, Cap. 21.…

…Procedure Act, the Court is no longer limited to the foregoing provisions.…

…sworn on the 28th September 2023, the respondent opposed the application deposing inter alia that the applicant has not explained the delay in failing to file the appeal within the time stipulated under section 79G of the Civil…

…Procedure Act; that the applicant has not met the threshold for extension of time to be granted; that the applicant has inordinately delayed in prosecuting the application and has not tendered any explanation; that as litigation…

…By a notice of motion dated 30.08.2023 field pursuant to Rule 11(1) of the Advocates (Remuneration)Order (ADO) and Section 3A of the Civil Procedure Act (Cap 21) the applicant sought an order setting aside the taxing officer…

…Although costs of an action or proceeding are at the discretion of the court, the general rule is that costs shall follow the event in accordance with the proviso to Section 27 of the Civil Procedure Act (Cap 21).…

…Section 6 of the Civil Procedure Act provides that; “No Court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit…

…The law requires that in a situation such as this, a subsequent suit is stayed under Section 6 of Civil Procedure Act because of the rule of Res sub-judice.…

…The motion which is brought under Rule 11 of the Advocates Remuneration order and Sections 1A, 3A and 3B of the Civil Procedure Act is based on three grounds and is supported by an affidavit sworn by C.M.…

…The summons by the Applicant clearly states that it is brought under Rule 11 of the Advocates Remuneration Order and Sections 1A , 3A and 3B of the Civil Procedure Act.…

…Magistrate’s Environment and Land Case No. 69 of 2018 dated 5th October 2022) This ruling is in respect of an application by way of Notice of motion dated 7th March 2023 brought under, inter alia, Sections 79G and 95 of the Civil…

…Procedure Act, Chapter 21 Laws of Kenya by the applicant, Pancreas Nyaidho Omollo, through Odingo and Company Advocates, seeking the following orders: (A) Spent (B) That the proposed appellant be granted leave to appeal…

…Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules has been satisfied f) Consequently, the application dated 15th January 2024 is unmerited and should be dismissed with costs.…

…The statutory provisions that govern the review of orders and decrees are Section 80 of the Civil Procedure Act, Cap 21, and Order 45 of the Civil Procedure Rules, 2010.…

…The application was brought pursuant to the provisions of section 51 (2) of the Advocates Act Cap 16 Laws of Kenya and Section 3A of the Civil Procedure Act.…