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….……………… 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.…

…..PLAINTIFF versus MARY WANGUI..............................................................DEFENDANT R U L I N G The defendant/applicant has moved the court by way of Chamber Summons under Order 9A Rule 10 of the Civil Procedure…

…Rules for an order that the ex-parte judgment entered in default of defence on 19th March, 1996 be set aside and that she be allowed to file a defence.…

…The application dated 9th July 1987, is brought by the plaintiffs under order XXXIX rules 1 and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act.…

…The 2nd defendant on the other hand has filed an application under order VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against…

…......PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure…

…Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal.…

…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.…

…Agreements to refer disputes to arbitrationentered into after a suit or suits have been filed are governed either by 0.45, Civil Procedure Rules, if references are made by order of court or under 0.24 rule 6 Civil Procedure…

…Our 0.24 rule 6 Civil Procedure Rules, is almost identically worded as 0.23 rule 3 of the Indian Civil Procedure Code as it was in 1957. The authors of the book; A. I .…

…Rule and VI rule 13 (b) ( c ) and (d) Civil Procedure Rules.…

…Directions on a summons under O. 51 Civil procedure Rules have not been given.…

…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…

…This prompted the plaintiff to request for particulars under Order 6 Rule 8 of the Civil Procedure Rules. The request on record is dated 14th March, 1997.…

…There is now before me an application by way of Notice of Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant…

…The application is expressed to be brought under O.IXB rule 8 Civil Procedure Rules.…

…Their application should therefore have been brought under the provisions of order XXXIX rule 4 Civil Procedure Rules which donates the power to apply for the discharge, variation or setting aside of such an order.…

…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.…

…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…

…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…

…I must confess, I am not quite sure whether the word “otherwise” in order 12 rule 6 of the Civil Procedure Rules includes a document signed, even if it is an admission, by a party other than a party to the suit.…

…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…

…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…

…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…

…Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…

…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…

…Rules.…

…Rules and dated 4th June, 1985.…

…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…

…In this regard, the main concern of the Court is to do justice to the parties and it will not impose conditions on itself to fetter the wide discretion which the Civil Procedure Rules gives to it.…