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…The application is brought under order XXI r 56 of the Civil Procedure Code. The objector is Stephen Sururu Ole Mpakuanik.…

…DEFENDANT R U L I N G The defendant invoked the discretionary power of this court under Order XX rule 11 (2) of the civil Procedure rules by filing a chamber summons dated 10th September, 2003 in which he sought to liquidate…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…The costs of such attachment shall be borne by the Plaintiff/Applicant I decline to grant the prayer that the Kenya police be involved in this civil matter.…

…the defendant’s own affidavit as adumberated above, this is a case where the defendant is grossly guilty of abusing the process of Court, the defence is one which is absolutely vexatious and must be struck out under the Civil…

…Procedure Rules order VI rule 6.…

…Such interpretation accords with the overriding objective of the Civil Procedure Act as well as the rationale for the provisions of Article 22 (3) criteria for rules to provide access to the court for enforcement of the Bill…

…Such a course of action has analogy in Order 37 Rules 18 and 19 of the Civil Procedure Rules which provide for additional evidence to be taken in cases commenced by Originating Summons supported by affidavit and for the court…

…(Section 6 of the Civil Procedure Act refers).…

…The means provided by these statutes is a special action on the case which means nowadays in Kenya an action brought by plaint under the Civil Procedure Act.…

…The rule 14 (2) does not require personal service, for comparison only as to where the law requires personal service, it is to be seen that the provisions of Civil Procedure Rule order V rule 9 provides “Wherever it is practicable…

…For example order 5 Civil Procedure Rules dealing with service of summons in ordinary cases dealing with mode of service directs rule 7.…

…It would appear from the process server’s report that service was done in accordance with Order V rule 14 of the Civil Procedure Rules which states:- “Where the serving officer, after using all due diligence cannot find the…

…As order VI rule 4(1) of the Civil Procedure Rules provides, such a defence should be pleaded.…

…Muhuni, a Mombasa advocate, wrote to the magistrate telling him that he had been briefed by the plaintiff to file a notice in his court wholly discontinuing the suit against the defendant under order XXIV rule 1 of the Civil…

…Procedure Rules.…