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….…………………………………………………….DEFENDANTS R U L I N G This is an application brought by the defendants under Order 9B Rule 8, Order 21 Rules 22, 25 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…Procedure Act (cap 21).…

…Procedure Act.…

…The Applicant has invoked Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. These are general provisions of law.…

…Section 3A of the Civil Procedure Act gives this court inherent powers to make such orders as may be necessary for ends of justice to be met or to prevent abuse of the process of the court.…

…Order VII Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…He further argued that section 3A of the Civil Procedure Act cited in the application was not applicable. That the powers under that Section are used for the ends of justice or to prevent the abuse of the court process.…

…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…

…According to section 2 of the Civil Procedure Act (cap 21): “legal representative” means a person who in law represents the estate of a deceased person ….”…

…That emerges clearly from the definition of “pleading” in S. 2 of the Civil Procedure Act.…

…Under s 9 (1) (b) of the Act the Rules Committee set up under s 81 of the Civil Procedure Act is empowered to make rules of court requiring (inter alia) except in such cases as may be specified in the rules that leave shall…

…No application was ever made either under section 99 of the Civil Procedure Act or otherwise, to correct the error that undoubtedly existed, with the result that the consent order of September 25, 1979, was in respect of…

…This was on August 5, 1982 and on September 17, the same year the learned judge heard Gathigia’s application by Chamber Summons dated August 20, 1982 asking him to set aside that award under Section 3A of the Civil Procedure…

…Act and Order XLV rule 15 of the Civil Procedure Rules.…

…No application was ever made either under section 99 of the Civil Procedure Act or otherwise, to correct the error that undoubtedly existed, with the result that the consent order of September 25, 1979, was in respect of…

…I am inclined to the view held by Justice Emukule by virtue of the provisions of Section 26 of the Civil Procedure Act regarding interest.…

…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…

…The plaintiffs then filed an application vide order 6 rule 13(l) a,b,c and d and order 35 rule 1(a) and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act seeking orders that this honourable court be…

…This prompted the defendants’ to come to this court by way of certificate of urgency under section 3 and 3A of the Civil Procedure Act, order 44 rule 1, order 21 rule 22 of the Civil Procedure Rules seeking orders that service…