Search court decisions

…The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…

…Thus, if there was any intention to have the Civil Procedure Rules apply, express provision would have been made.…

…The provisions for are laid out in Order XXXIX of the Civil Procedure Rules. In my view that does not apply to applications under Law of Succession Act(Cap.160).…

…I have perused the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far…

…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

…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.…

…Rules and any other statutes should not be applied when computing time..........”…

…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.…

…motion which is by the two Petitioners herein is brought under Articles 22,23,40,47,60(1), 62,162(2) (b) and 174 of the Constitution, Rules 19 and 23 of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure…

…Rules 2013, Section 3,13 (1,2,3 and 7) of the Environment and Land Court Act (Act No. 19 of 2011), Sections 2,3,4,5,6,7,11,13 and 14 of the Fair Administration Action Rules 2024 and all other enabling provisions of the law…

…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…