Case law
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Division and case type: CivilCivil Appeal
…The appellant’s grounds for challenging the decision of the High Court, in brief outline, are that the judge erred in law in not appreciating that Order 5 rule 12 of the Civil Procedure Rules (the Rules) allows for service…
…On this evidence the learned Senior Resident Magistrate ruled that the summons had been properly served under Order V Rule 12 of the Civil Procedure Rules and dismissed the application.…
Division and case type: CivilCivil Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CivilCivil Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CivilCivil Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CivilCivil Appeal
…Rules - whether provisions of the Civil Procedure Rules on enlargement of time could override or be applied to extend a statutory limitation period set under the Law Reform Act - Law Reform Act (cap. 26) section 9(3).…
…Whether the court had jurisdiction to enlarge time for ling an application for leave to apply for certiorari beyond the statutory period under the Civil Procedure Rules. iii.…
Division and case type: CivilCivil Appeal
…Whilst the time limited for doing something under the civil Procedure Rules can be extended by an application under order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited…
…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Thus, by that Rule the procedure which regulates appeals from subordinate courts to the High Court prescribed in Order XLI Civil Procedure Rules applies to appeal from the tribunal to the High Court. In H.…
…If he was relying on the Civil Procedure Act or Rules he has not referred to any specific section or rule which sanctions the appeal and we know of none.…
Division and case type: CivilCivil Appeal
…If the appellant was going to rely o illegality as a defence to the claim, he was obliged to plead it - See Order 6 rule 4 of the Civil Procedure Rules.…
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
Division and case type: CivilCivil Appeal
…Rules.…
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
Division and case type: CivilCivil Appeal
…25 of the Civil Procedure Rules.…
…The respondents asked the High Court judge to hear the application in vacation which was granted under the provision of rule 3(1) of the High Court (Practice and Procedure) Rules.…
Division and case type: CivilMiscellaneous Application
…The applicant wanted to restrain the defendant from committing an injury so he could apply to the court for a temporary injunction to restrain the defendant under order XXXIX rule 2 of the Civil Procedure Rules (cap 21) if…
…My researches have not unearthed any rules by the Rules Committee for the procedure of obtaining a temporary injunction save those made under section 81 of the Act which are known as the Civil Procedure Rules.…
Division and case type: CriminalMiscellaneous Application
…Rules.…
…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…petition the petitioner also filed an 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.…
Division and case type: CivilCivil Appeal
…Rules.…
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
Division and case type: CivilMiscellaneous Application
…for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and further that the application ought to have been brought under order 49 of the Civil Procedure…
…Rules and not Section 79 G of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…Apart from what order III rule 8 as read with order III rule 3 of the Civil Procedure Rules says, it is a matter of common sense that once an advocate has been appointed to act for a party and he has taken the trouble to…
…The entry of such interlocutory judgment was irregular as Order IXA of the Civil Procedure Rules does not cater for entering of an interlocutory judgment when the nature of reliefs sought requires formal proof.…
Division and case type: CivilMiscellaneous Application
…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…
…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…
Division and case type: CivilCivil Appeal
…Mwenesi, for the appellant, argued before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does…
…Order V1 rule 9 of the Civil Procedure Rules is clear. Any allegation of fact made by a party in this pleading shall be deemed to be admitted by the opposite party unless it is traversed by that party in his pleading.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil Procedure…
…Rules.…