Case law
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Division and case type: Environment and LandCivil Suit
…This has been developed by case law and anchored on the provisions of order 1 rule 12(1) (2) Civil Procedure Rules.…
…Rules of procedure are good servants but bad masters.”…
Division and case type: CivilCivil Suit
….…………………………………………………….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.…
Division and case type: CivilCivil Suit
….……………… 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.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
….……3RD DEFENDANT R U L I N G The 3rd defendant’s chamber summons dated 14th May 2004 is brought under Order 16 Rule 5 (a) of the Civil Procedure Rules.…
Division and case type: FamilySuccession Cause
…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: Environment and Land CourtCivil Suit
…Rules, which stipulates that a party aggrieved by a decision of the Court made under Order 49 of the Civil Procedure Rules, can only appeal against that decision with the leave of this Court.…
…This Court ignored the fact that Deputy Registrar’s decision was a ministerial act which is appealable to a judge in chambers under Order 49 of the Civil Procedure Rules.…
Division and case type: Environment and Land CourtCivil Suit
…(i) Whether the motion meets the threshold in Order 9 rule 9 of the Civil Procedure Rules. (ii) Whether Order 22 rule 22 of the Civil Procedure Rules has any application in this matter?…
…Service of the motion on the outgoing counsel or obtaining his consent are mandatory requirements under Order 9 rule 9 Civil Procedure Rules. 7) Regarding the 2nd issue, I find that Order 22 rule 22 of the Civil Procedure…
Division and case type: Environment and Land CourtCivil Suit
…Rules 2010 and if the same was fit for striking out in terms of Order 4 Rule 6 of the Civil Procedure Rules, 2010.…
…Rules 2010 and is fit for striking out in terms of Order 4 Rule 6 of the civil procedure Rules, 2010. c) Whether in line with the provisions of Order 37 of the Civil Procedure Rules, 2010 the Plaintiff’s suit was properly…
Division and case type: Environment and Land CourtCivil Suit
…The current motion does not seek stay of execution under Order 42 Civil Procedure Rules at the heading.…
…It only cited Order 40 Civil Procedure Rules and makes no mention of Order 42 Civil Procedure Rules which deals with appeals.…
Division and case type: Environment and Land CourtCivil Suit
…Paul Mwangi, in accordance with the Civil Procedure Rules. Later, the Applicant signed an agreement dated May 8, 2019, promising to pay Mr. Mwangi’s fees of Kshs. 30,000,000.…
…He advised the said firm to comply with Order 9 Rule 9 of the Civil Procedure Rules, which they failed to do, prompting him to file an application dated April 1, 2025, seeking a Charging Order.…
Division and case type: Environment and Land CourtCivil Suit
…The current motion does not seek stay of execution under Order 42 Civil Procedure Rules at the heading.…
…It only cited Order 40 Civil Procedure Rules and makes no mention of Order 42 Civil Procedure Rules which deals with appeals.…
Division and case type: CivilCivil Suit
…It offends o VI rule 9(3) Civil Procedure Rules. But under o 35 rule 2 Civil Procedure Rules, a defendant may show by affidavit or otherwise that he should have leave to defendant the suit.…
…Are the foregoing the issues envisaged by o 35 rule 2 Civil Procedure Rules? OXIV rule 1(4) Civil Procedure Rules defines what an issue is.…
Division and case type: Environment and Land CourtCivil Suit
…rules. 7.…
…Rules.…
Division and case type: Environment and Land CourtCivil Suit
…To buttress on this point, the Counsel relied on the provision of Order 32 Rule 15 of the Civil Procedure Rules, 2010.…
…The provision of Order 8 Rule 3(1) of the Civil Procedure Rules, 2010 empowers the Court to grant leave to amend pleadings on such terms as may be just.…
Division and case type: Environment and Land CourtCivil Suit
…Counsel cited Order 45 rule 1 of the Civil Procedure Rules, and relied on the authority of Republic v.…
…Counsel for the Applicant further relied on Order 2 rule 15 of the Civil Procedure Rules, which allows the Court to strike out pleadings on several listed grounds.…
Division and case type: Environment and Land CourtCivil Suit
…By a chamber summons dated 21.08.2024 expressed to be filed pursuant to Sections 1A, 1B, and 3A of the Civil Procedure Act (Cap 21), Order 16 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law…
…The court is of the opinion that Order 16 of the Civil Procedure Rules deals generally with summoning and attendance of witnesses.…
Division and case type: High Court DivCivil Suit
…Procedure Rules .…
…9 Civil Procedure Rules C.K Musyoki and Company Advocates filed a Notice of Appointment of Advocates dated 31/10/2024.…
Division and case type: Environment and Land CourtCivil Suit
…Rules.…
…Order 9 Rule 1 and 2 (a) of the Civil Procedure Rules provides as follows: “1.…
Division and case type: Environment and Land CourtCivil Suit
…The application is premised under Sections 1A, 1B, and 3A of the Civil Procedure Act, Order 1 Rule 6 and 51 of the Civil Procedure Rules, and Article 159 of the Constitution.…
…He further contended that the proper legal framework for lodging a claim against a Co-defendant is Order 1 Rule 24 of the Civil Procedure Rules. …
Division and case type: High Court CivilCivil Suit
…The NTSC was issued under Order 17 of the Civil Procedure Rules and served upon the parties. A date was fixed for the NTSC for 27th January, 2023. 6.…
…My lawyer was in politics and was not responding to me and I did not know the civil procedure rules. I then found out there was a notice.” 7.…