Search court decisions

…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.…

…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.…

…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.…

…Or indeed whether the Act permitted service of a petition by advertisement in a newspaper as if the election petition was a plaint governed by the Civil Procedure Act and Rules.…

…In the case of David Mukaru Murathe v Samuel Macharia CA 171/98 Tunoi JA said: “Further since election petitions have elaborate procedures of their own relating to filing and serving election petitions the Civil Procedure…

…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.…

…The rule 14 (2) does not require personal service, for comparison only as to where the law requires personal service, it is to be seen that the provisions of Civil Procedure Rule order V rule 9 provides “Wherever it is practicable…

…For example order 5 Civil Procedure Rules dealing with service of summons in ordinary cases dealing with mode of service directs rule 7.…

…For those reasons I find that the affidavit is in accordance with the requirements of 0.XVIII of the Civil Procedure Rules and there is no basis for attacking it.…

…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…

…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…

…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…

…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…

…Section 38 of the Civil Procedure Act which speaks to the actions of alleged disobedience equally empowers court to enforce the execution of decrees and orders.…

…Indeed we ought to point out as regards the Rules on service as set out under rule 14(1) (2) that it is complete in itself and there is no validity in looking at service under other enacted laws and Rules eg under the Civil…

…Procedure Act and Rules.…