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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.…

…I refuse the application for adjournment and as plaintiff counsel says that he is not able to proceed with the suit in the absence of the plaintiff, I dismiss the plaintiffs suit under order 1XB rule 4 of Civil Procedure…

…........................................PLAINTIFF VERSUS KAMSONS LIMITED.....................................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil…

…Procedure Act for an order that the rate of interest awarded in the judgment for the sum of Kshs 65,000/- be compounded.…

….…………..DEFENDANT RULING The defendant herein Kimunye Investments Ltd, moved the court under Section 3A of the Civil Procedure Act (Cap 21) asking for orders that:- “The sale of motor-vehicle Reg No KTJ 996, in August 1986…

…In the circumstances therefore I decline to exercise my discretion under Section 3A Civil procedure Act (Cap 21) to set aside sale as I was requested. The result is that I dismiss application with costs.…

…........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.…

…............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.…

…The applicant applied to the High Court by summons in chambers under order XXXIX rules 2, 5 and 9 of the Civil Procedure Rules (cap 21) and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction…

…Procedure Act and order XXXIX rules 1, 3 and 7 of the Civil Procedure Rules applied for a temporary injunction to restrain Kihara from removing the corpse of Teresia Wangari Mwangi pending the determination of “this suit…

…His submission was based' on the Provisions of 0.45 Civil Procedure Rules With due respect to him that order is of no assistance to either party's case.…

…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…

…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.…

…Procedure Code.…

…That in matters of disobedience the procedure of court orders under order XXXIX of the Civil Procedure Code, a way of dealing with the situation is set out in rule 7.…

…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.…

…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.…

…Whilst the time limited for doing something under the civil Procedure Rules can be extended by an application under order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited…

…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…

…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.…

…Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.…

…Procedure Act at the Civil Procedure Rules.…

…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…

…Procedure Act.…

…Procedure Rules.…

…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…

…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.…