Case law
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Division and case type: CivilMiscellaneous Application
…Procedure Rules and not Section 79 G of the Civil Procedure Act.…
…Section 79 G of the Civil Procedure Act is a substantive Provision dealing with time for filing appeals from subordinate court.…
Division and case type: Environment and LandPetition
…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: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
Division and case type: Constitutional and Human RightsPetition
…dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil…
…Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders…
Division and case type: Constitutional and Human RightsPetition
…dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil…
…Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders…
Division and case type: CivilMiscellaneous Application
…The applicant applied to the High Court by summons in chambers under order XXXIX rules 2, 5 and 9 of the Civil Procedure Rules (cap 21) and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction…
…Procedure Act and order XXXIX rules 1, 3 and 7 of the Civil Procedure Rules applied for a temporary injunction to restrain Kihara from removing the corpse of Teresia Wangari Mwangi pending the determination of “this suit…
Division and case type: CriminalMiscellaneous Application
…Procedure Rules.…
…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsPetition
…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: Constitutional and Human RightsPetition
…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…
…It seems to me that this other order of the Civil Procedure Rules is adverted to by virtue of rule 203 of the Winding Up Rules.…
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: CivilMiscellaneous Application
…By legal notice No 164 of 1992, the Rules Committee amended order 53 of the Civil Procedure Rules whereby their existing rules 1 & 2 of order 53 were deleted and new rules were inserted in their place.…
…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…
Division and case type: CivilMiscellaneous Application
…Procedure Rules.…
…Procedure Rules and dated 4th June, 1985.…
Division and case type: Constitutional and Human RightsPetition
…The application is made vide order 1XB rule 8 of Civil Procedure Rules s 3A of the CPA is 11 and s 108 of the Bankruptcy Act.…
…power to pay stay proceeding which was the first player and which was granted on 19/2/91 on temporary basis, I do not agree that the application to set aside the receiving order was one made under the provisions if not Civil…
Division and case type: CivilMiscellaneous Application
…court a discretion to set aside the judgment upon such terms as may be just, but in a case like this where the obtaining of the judgment was irregular and not in accordance with the law and practice as laid down in our Civil…
…Procedure Rules, the appellant is clearly entitled as of right to have the judgment set aside without any conditions being imposed.…
Division and case type: Constitutional and Human RightsPetition
…It is not uncommon for arithmetic mistakes like what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to…
Division and case type: CivilMiscellaneous Application
…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…
Division and case type: CivilMiscellaneous Application
…The applicant has now filed this Notice of Motion on 26th August 1999 seeking the following order under Order 53 Rule 3(1) of the Civil Procedure Rules:-"ORDER:- That this Honourable Court be pleased to issue an order of…
…The jurisdiction to grant the judicial remedy of certiorari is vested in the High Court by Section 8 of the Law Reform Act Chapter 26 Laws of Kenya, while Order 53 of the Civil Procedure Rules lays down the procedure by which…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…