Case law
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Division and case type: CivilCivil Appeal
…It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order.…
…But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court. Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.…
Division and case type: CivilMiscellaneous Application
…Procedure Act (cap 21).…
…Procedure Act.…
Division and case type: CivilCivil Appeal
…Procedure Act.…
…Act really comes to aid.…
Division and case type: CivilCivil Appeal
…Procedure Act, ordered in addition, interest to be paid on the principal sum again at the rate of 14%.…
…Judgment should only have been given for this latter sum and any interest which the learned judge could award under section 26 of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…On 18th November, 1983, the 2nd respondent, who is the wife of the 1st respondent, made an application under section 80 of the Civil Procedure Act for a review of the said judgment dated 25th May, 1979, on the grounds that…
…The words “any person” and “for any sufficient reason” used in section 80 of the Civil Procedure Act clearly are meant to include a person who has a direct interest in a litigation or its result but has been deprived of a…
Division and case type: CivilCivil Appeal
…So the summons of August 19 was rightly brought under section 3A of the Civil Procedure Act (but not Rules as the respondents’ advocates carelessly put it). There were no grounds for invoking it in this case.…
…Section 38 Civil Procedure Act and order XXI rule 32, 35 Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…The foundation is section 68 of the Civil Procedure Act, but the decision of this Court’s predecessor in Baker v Rush, which analyses the meaning of a preliminary decree, is of importance, as having declared the law which…
…That follows the definition of “decree” in the Civil Procedure Act. As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…
Division and case type: CivilCivil Appeal
…Mr Kinyanjui submitted that, taking into account the definition of the word “decree” in section 2 of the Civil Procedure Act (cap 21), judgment includes a dismissal of a suit under rule 4 of order IXB, but it did not include…
…The Civil Procedure Act does not define the word “judgment”.…
Division and case type: CriminalCriminal Appeal
…of courts in the two cases are agreed that an express statutory provision conferring, jurisdiction with the majority in MUNENE’s case holding that such express statutory authorization is to be found in section 66 of the Civil…
…Procedure Act, Cap 21, while the majority in NJERU’s case thought that section 66 of the Civil Procedure Act does not provide a basis for the assumption of jurisdiction by the court.…
Division and case type: CivilCivil Appeal
…By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to…
…Thereafter made an application under Sec 3A of the Civil Procedure Act, Order VI Rule 13 Order XIV Rule 2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation…
Division and case type: CivilCivil Appeal
…Those holdings were founded on a proper interpretation of section 66 of the Civil Procedure Act which confers a right of appeal from the High Court to this Court from “decrees and orders of the High Court”.…
Division and case type: CivilCivil Appeal
…Those holdings were founded on a proper interpretation of section 66 of the Civil Procedure Act which confers a right of appeal from the High Court to this Court from “decrees and orders of the High Court”.…
Division and case type: CriminalMiscellaneous Application
…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: CivilCivil Appeal
…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 ...”…
…Under section 2 of the Civil Procedure Act, “suit” means all civil proceedings commenced in any manner prescribed.…
Division and case type: CivilCase number Civil Application
…Section 27(1) Civil Procedure Act (cap 21 ).…
Division and case type: CivilCivil Suit
…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 ….”…
Division and case type: CivilCivil Appeal
…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 ….”…
Division and case type: CivilCivil Appeal
…That is a matter for the superior court as set out in Section 91(1) of the Civil Procedure Act. We make no observations in that regard. Dated and delivered at Nairobi this 12th day of February, 1997. A. M.…
Division and case type: CivilCivil Appeal
…The power to award interest generally is given to the Court by section 26(1) of the Civil Procedure Act (cap 21) which reads: “26(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree…
Division and case type: CivilCivil Appeal
…The application was brought under section 27 and 28 of the Limitation of Actions Act (chapter 22 Laws of Kenya) (the Act) and also under section 3A of the Civil Procedure Act.…
…While it is trite law that the superior court has unlimited inherent jurisdiction under section 3A of the Civil Procedure Act, it is also trite law that such inherent jurisdiction should only be invoked where there exist…