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…The application is dated 27th May 2025 and is brought under Sections 1A, 1B, and 3A of the Civil Procedure Act, Order 2 Rule 15, Order 7 Rule 5, Order 51 Rule 1 of the Civil Procedure Rules seeking the following orders; 1…

…Be that as it may, Section 1A of the Civil Procedure Act provides for the overriding objective of the Civil Procedure Act and the rules made thereunder and provides as follows: “1A (1) The overriding objective of this Act…

…Procedure Act.…

…Further Section 3A of the Civil Procedure Act donates inherent powers to the court to issue such orders that are necessary for the end of justice to be met.…

…Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43 of the Civil Procedure Rules or where the appeal does not lie at all; or where…

…Procedure Act. 10.…

…The application is dated 5th July 2024 and is brought under Order 42 Rule 6, Order 22 Rule 22 and Order 51 Rule 1 of the Civil Procedure Rules and Sections IA 1B & 3A of the Civil Procedure Act seeking the following orders…

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

…Further, this court is conscious of the definition of the term ‘suit’ in Black’s Law Dictionary (supra) and section 2 of the Civil Procedure Act Chapter 21 Laws of Kenya.…

…Notably, inherent and special powers of this court are stipulated under sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya. The same are discretionary and invoked to meet the ends of justice.…

…THAT the doctrine of res judicata is set out in the Civil Procedure Act at Section 7 (as quoted). 3.…

…Attorney General & others 2015, are the same in the Petition herein, fulfilling the requirements provided for in Section 7 of the Civil Procedure Act. 21.…

…It was contended that the requirements for invoking the doctrine of res judicata under Section 7 of the Civil Procedure Act had not been established. 10.…

…Res judicata , is embodied in Section 7 of the Civil Procedure Act which outlines as follows: - ‘No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially…

…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…

…Under Section 80 of the Civil Procedure Act, the court has unfettered discretion to make such orders as it thinks fit on sufficient reason being given for review of its decision.…

…They stated that the provisions of Section 27(1) of the Civil Procedure Act provides that costs are incidental to all suits and is a discretion of the court. They relied in the case of Ocean Engineering Works v.…

…Section 27 of the Civil Procedure Act, Cap. 21 of the Laws of Kenya provides as follows: - (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force,…

…Act.…

…The law permits dismissing and reinstating suits to serve justice, per Order 17 Rule 2, Section 3A of the Civil Procedure Act, and Article 159(2)(d) of the Constitution, which emphasizes substantive over procedural justice…

…The application is dated 3rd March 2024 and is brought under Section 63 (a) (c) and (d) of the Civil Procedure Act, Section 3A of the Section 5 of the Judicature act seeking the following orders; 1.…

…This application is anchored on section 63 (c) of the Civil Procedure Act which provides that; “63) In order to prevent the ends of justice from being defeated, the court may, if it is so prescribed: - (c) Grant a temporary…

…On matters of review, Section 80 of the Civil Procedure Act provides as follows: “Any person who considers himself aggrieved— (a) by a decree or order from which an appeal is allowed by this Act, but from which no appeal…

…In regard to matters of interest rate, Section 26 of the Civil Procedure Act provides as follows: “(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate…

…It was brought under the provision of Sections 1A, 1B, and 3A of the Civil Procedure Act, Cap. 21 and Order 51 Rule 1 of the Civil Procedure Rules, 2010. 2.…

…Procedure Act, Cap. 21 c) The Honourable Court to render a ruling on 28th May 2025.…

…By a Notice of Motion dated 30th April 2025, the Petitioner moved this court under Court (sic) 24 rule 4(1) of the Civil Procedure Rules, Sections 3, 3A and 63e of the Civil Procedure Act, and what he termed as “And all enabling…

…Thus, under Section 27 of the Civil Procedure Act since costs follow the event, the applicant is the one who shall bear them. 16. Orders accordingly.…

…Counsel for the Petitioner anchored their submissions on Section 27(1) of the Civil Procedure Act , which provides that costs follow the event and that the court has full power to determine by whom and to what extent such…

…On the applicable principles, counsel relied on Section 27 of the Civil Procedure Act and the provisions of the Civil Procedure Rules on costs of suits that are abandoned or not prosecuted, submitting that the burden lay…

…Procedure Act, Cap. 21 the Court is no longer limited to the foregoing provisions.…

…The provisions of Section 6 of Civil Procedure Act defines the above principle or the doctrine as follows:- ‘‘……..…

…Finally, counsel invoked Section 27(1) of the Civil Procedure Act and submitted that costs follow the event; that the “event” in this matter was NEMA's confirmation that the 1st Respondent had not complied with mandatory…

…On the applicable principles, counsel relied on Section 27 of the Civil Procedure Act and the provisions of the Civil Procedure Rules on withdrawal of suits, submitting that where a suit is withdrawn the defendant is ordinarily…

…Procedure Act Cap 21 Laws of Kenya; and b)   That the Constitutional Avoidance principle is applicable against this Petition. 10.   …

…The doctrine of sub judice is captured under the Provisions of Section 6 of the Civil Procedure Act, Cap 21 as follows: ‘‘No court shall proceed with the trial of any suit or proceedings in which the matter in issue is also…

…The Petitioner’s Amended Notice of Motion Application dated 15/4/2024 has been. brought under Order 51 Rule 1, Order 5 Rule 17 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya.…