Case law
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Division and case type: CivilCivil Appeal
…That was a fact which we think was relevant in determining whether or not the appellant’s suit was a fit case for dismissal under 0.IXB rule 4(1) of the Civil Procedure Rules.…
…The application was expressed to be brought under 0.1XB rule 8 of the Civil Procedure Rules and S.3A of the Civil Procedure Act, (Cap 21 Laws of Kenya).…
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
…Section 7 of the Civil Procedure Act (cap 21) deals with res-judicata. It bars suits which have already been decided by competent courts to be reinsituted. PARA 2-0.…
…The appellants being the sons of Ayub Wasike who was involved in the same land dispute with Ainea Fita, who was the defendant in the fresh High Court suit, are all parties within the meaning of section 7 of the Civil Procedure…