Case law
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Division and case type: CivilCivil Case
…Waweru vs Kiromo [1969] EA page 172 that as the process server made no inquiry about the defendant’s whereabouts it could not be said that he could not be found so as to allow service on his wife under order 5 rule 12 of Civil…
…Procedure Rules.…
Division and case type: CivilCivil Suit
….….DEFENDANT RULING The defendant has brought this application under section 6(1) of the Arbitration Act and order 50 rule 1 of the Civil Procedure Rules for an order of this court to stay the proceedings in the suit.…
Division and case type: Milimani Commercial CourtsCivil Case
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
Division and case type: Employment and Labour RelationsCase number Cause
…The application is brought under order VI rule 8(2) of the Civil Procedure Rules.…
Division and case type: Milimani Commercial CourtsCivil Case
…Amendment) Act (Act No. 6, 2009), Order XXXIX Rules 1, 2, 3 and 9, Order V Rule 17 (1) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…When this suit came up for hearing on 21st April, 2010, counsel for the plaintiff applied to withdraw the plaintiff’s suit under the provisions of order 24 Rule 1 of the Civil Procedure Rules.…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT R U L I N G This is an application for an interlocutory injunction brought under Order XXXIX Rule 2 of the Civil Procedure Rules and all the enabling provisions of the law.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is said to have been brought under Order XLV Rule 14 of the Civil Procedure Rules, but as pointed out by Mr. Muguku, Counsel for the plaintiffs/respondents, the correct Rule should be 15.…
Division and case type: CivilCivil Suit
…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…
Division and case type: CivilCivil Suit
…The suit is not a representative suit since they did not make an application to make it a representative suit under the Civil Procedure Rules. 6.2: The second issue is whether the suit is defective on grounds of misjoinder…
Division and case type: CivilCivil Case
….…………………………………………… DEFENDANT RULING In an application filed in this court on 9th March, 1998, the applicant Peter Ng’ang’a Muiruri, under, Order LIII rule 6(a) Civil Procedure Rules and section 3 of the Civil Procedure Act…
Division and case type: CivilCivil Case
….…………………………………………… DEFENDANT RULING In an application filed in this court on 9th March, 1998, the applicant Peter Ng’ang’a Muiruri, under, Order LIII rule 6(a) Civil Procedure Rules and section 3 of the Civil Procedure Act…
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: CivilCivil Case
…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…
Division and case type: CivilCivil Case
…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…
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: Milimani Commercial CourtsCriminal Case
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
…The foregoing orders made by the Acting Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
…The foregoing orders made by the Acting Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to…
Division and case type: FamilySuccession Cause
…under the Law of Succession Act and its rules and to order him sign any of the documents mentioned above is to make an order which is not supportable under the Law of Succession Act and is therefore null and void as the Civil…
…Procedure Act and its rules do not apply on this issue and cannot therefore come in to rescue the Applicant.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is brought pursuant to the provisions of Order 40 Rule 1 of the Civil Procedure Rules, 2010, and it seeks for the following prayers as stated on the face thereof: 1.…