Case law
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Division and case type: Environment and Land CourtPetition
…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…
…That the rules that apply to Constitutional petitions are the Constitution of Kenya (Practice and Procedure Rules 2013, ‘The Mutunga Rules’) and not the Civil Procedure Rules 2010.…
Division and case type: Environment and Land CourtPetition
…The provision of Order 12 Rule 7 of the Civil Procedure Rules, 2010 set out the guiding principles for consideration in setting aside Judgement.…
…The provision of Order 9 Rules 9 and 10 of the Civil Procedure Rules, 2010 provides: Rule 9.…
Division and case type: Environment and LandLand Case
…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…
Division and case type: Environment and Land CourtPetition
…It is contended that the suit has abated pursuant to Order 24 Rule 3 of the Civil Procedure Rules, 2010 and enlargement of time has not been sought for revival of the suit.…
Division and case type: Environment and Land CourtPetition
…The application was premised upon the provisions of Order 42 Rule 6, Order 49 Rule 7, and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Sections 1A,1B, and 3A of the Civil Procedure Act, Cap. 21. 2.…
…The Counsel submitted that the power for the court to grant stay orders was governed by the provisions of Order 42 Rule 6 of the Civil Procedure Rules, 2010.…
Division and case type: Environment and Land CourtPetition
…Besides, this court is cognizant of Section 80 of the Civil Procedure Act, Chapter 21 Laws of Kenya and Order 45 of the Civil Procedure Rules, 2010 on review of judgment.…
Division and case type: Environment and Land CourtPetition
…The application is dated 16th October 2023 and is brought under Sections 1A and 3.34 of the Civil Procedure Act (Cap 21) Section 5 of the Judicature Act, Orders 40 Rules 1, 3 and 4(1), and Order 51 Rule 1 of the Civil Procedure…
…Rules 2010 seeking the following orders; 1.…
Division and case type: Environment and Land CourtPetition
…That the application is inconsistent with Order 42 of the Civil Procedure Rules 2010; b. That the conservatory orders sought by the Petitioner cannot be granted at this stage after Judgment has been dealt entered; c.…
Division and case type: Environment and Land CourtPetition
…The matter be mentioned on 3rd February 2026 for compliance with Order 11 of the Civil Procedure Rules, 2010. 23.…
Division and case type: Environment and Land CourtPetition
…have come to this court vide a notice of motion brought under Article 50 of the Constitution of Kenya, 2010, Section IA, 1B, 3A of the Civil Procedure Act Cap 21 Laws of Kenya Order 9 Rule 9, Order 22 Rule 22 (1) of the Civil…
…Procedure Rules, 2010 seeking orders that there be a stay of execution of the judgment and any subsequent Orders issued thereof pending hearing and determination of the intended appeal.…
Division and case type: Environment and Land CourtPetition
…have come to this court vide a notice of motion brought under Article 50 of the Constitution of Kenya, 2010, Section IA, 1B, 3A of the Civil Procedure Act Cap 21 Laws of Kenya Order 9 Rule 9, Order 22 Rule 22 (1) of the Civil…
…Procedure Rules, 2010 seeking orders that there be a stay of execution of the judgment and any subsequent Orders issued thereof pending hearing and determination of the intended appeal.…
Division and case type: Environment and Land CourtPetition
…have come to this court vide a notice of motion brought under Article 50 of the Constitution of Kenya, 2010, Section IA, 1B, 3A of the Civil Procedure Act Cap 21 Laws of Kenya Order 9 Rule 9, Order 22 Rule 22 (1) of the Civil…
…Procedure Rules, 2010 seeking orders that there be a stay of execution of the judgment and any subsequent Orders issued thereof pending hearing and determination of the intended appeal.…
Division and case type: Environment and Land CourtPetition
…year in prosecuting the petition, which is in direct violation of the principles of expeditious resolution of disputes as enshrined under Article 159(2)(b) of the Constitution of Kenya, 2010 and Order 17 Rule 2(3) of the Civil…
…Procedure Rules, 2010.…
Division and case type: Environment and Land CourtPetition
…of sections 3 and 5 of the Judicature Act Cap 8, sections 3,13 and 14 of the Environment and Land Court Act Section 1A, 1B, 3A, 38 (a) and 63(e) of the Civil Procedure Act and Order 22 Rule 7(2), Order 51 Rule 1 of the Civil…
…Procedure Rules, 2010.…
Division and case type: Environment and Land CourtPetition
…Order 42, Rule 6 of the Civil Procedure Rules, 2010 which provides as follows: - “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as…
Division and case type: Environment and Land CourtPetition
…June 2025, brought by the 2nd, 3rd, 9th, and 10th Respondents/Applicants (hereinafter referred to as the "Applicants") pursuant to Sections 1A, 1B, 3A and 7 of the Civil Procedure Act, Cap 21, and Order 2 Rule 15 of the Civil…
…Procedure Rules, 2010.…
Division and case type: Environment and Land CourtPetition
…For determination is a notice of motion application dated 8/4/2025 filed pursuant to Section 1A, 1B and 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 Rule 1 Civil Procedure Rules, 2010, wherein the 1st Interested…
Division and case type: Environment and Land CourtPetition
…Rule 5 of the Rules, which mirrors provisions of Order 1, Rule 10 of the Civil Procedure Rules, 2010, provides as follows: “The following procedure shall apply with respect to addition, joinder, substitution and striking…
Division and case type: Environment and Land CourtPetition
…On the other hand, Order 45 Rule 1(1) of the Civil Procedure Rules, 2010 sets out the grounds for review and provides as follows: “(1) Any person considering himself aggrieved— a. …
Division and case type: Environment and Land CourtPetition
…The application is dated 15th September 2025 and is brought under Order 45 Rule 1 and Order 1 Rule 10(2), Order 8 Rule 3(1), Order 51 Rule 1 of the Civil Procedure Rules, 2010 and sections 1A,1B & 3A of the Civil Procedure…