Search court decisions

…It is normally the duty of the High Court under section 79C of the Civil Procedure Act to hear the parties, allowing the appellant to exercise his constitutional right of appeal.…

…The problem then is one of construing the words of section 79B of the Civil Procedure Act and especially the words ‘No sufficient ground.’…

…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.…

…It would appear to us that the superior court did not comply with section 79 B of the Civil Procedure Act relating to summary rejection of appeals to that court and rule 8B (1) of Order XLI of the Civil Procedure Rules.…

…Procedure Act.…

…Act really comes to aid.…

…These actions fall under as 61 and 62 of the Civil Procedure Act and they are limited to public nuisance and public charity.…

…That a relator action was required in the specific action concerning a public charity as provided for by the Civil Procedure Act, was reiterated in the case of Wakf Commissioners v Mohamed bin Umeya bin Abdulmajid bin Mwijabu…

…There is no point of law raised within the meaning of Section 72 of the Civil Procedure Act (Cap 21).…

…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…

…In my view, Section 3A of the Civil Procedure Act is meant to give court power to deal with situations like this and make appropriate orders to meet the ends of justice”.…

…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…

…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…

…Procedure Act, ordered in addition, interest to be paid on the principal sum again at the rate of 14%.…

…Judgment should only have been given for this latter sum and any interest which the learned judge could award under section 26 of the Civil Procedure Act.…

…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…

…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…

…It was dated 6th March 1996 and brought under 044 and S.3A Civil Procedure Rules and Civil Procedure Act respectively. The appellant prayed for orders that: 1.…

…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…

…On 18th November, 1983, the 2nd respondent, who is the wife of the 1st respondent, made an application under section 80 of the Civil Procedure Act for a review of the said judgment dated 25th May, 1979, on the grounds that…

…The words “any person” and “for any sufficient reason” used in section 80 of the Civil Procedure Act clearly are meant to include a person who has a direct interest in a litigation or its result but has been deprived of a…

…application under a certificate of urgency by way of chamber Summons under section 17 and 30 of the Matrimonial Causes Act Cap.152 Laws of Kenya and order 39 Rules 1,2, and 3 of the Civil Procedure Rules and section 3A of the Civil…

…Procedure act.…

…So the summons of August 19 was rightly brought under section 3A of the Civil Procedure Act (but not Rules as the respondents’ advocates carelessly put it). There were no grounds for invoking it in this case.…

…Section 38 Civil Procedure Act and order XXI rule 32, 35 Civil Procedure Rules.…

…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.…

…“Court” is defined in the Civil Procedure Act as the High Court or a subordinate Court, acting in the exercise of its civil jurisdiction. A Tribunal is not a subordinate court.…

…Platt J (as he then was) said in H C Misc Civil case No 106 of 1983 Vibhakar vs Parani & others (unreported) that the Tribunal was not a subordinate court or inferior court to the High Court as “Court” is defined in the Civil…

…The foundation is section 68 of the Civil Procedure Act, but the decision of this Court’s predecessor in Baker v Rush, which analyses the meaning of a preliminary decree, is of importance, as having declared the law which…

…That follows the definition of “decree” in the Civil Procedure Act. As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…

…Mr Kinyanjui submitted that, taking into account the definition of the word “decree” in section 2 of the Civil Procedure Act (cap 21), judgment includes a dismissal of a suit under rule 4 of order IXB, but it did not include…

…The Civil Procedure Act does not define the word “judgment”.…

…By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to…

…Thereafter made an application under Sec 3A of the Civil Procedure Act, Order VI Rule 13 Order XIV Rule 2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation…