Case law
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Division and case type: CivilCivil Case
…However, there are no express procedural rules laid out in our law, so that it appears as if not only the English substantive law govern the matter, but the English procedural rules as well.…
…Such a procedural rule in England is found in order 52 rule 2 of the Rule of the Supreme Court, which provides as follows:- “No application to a Divisional Court for an order for committal against any person may be made unless…
Division and case type: CivilMiscellaneous Application
…There is no dispute that the provisions of order 53 are the procedural rules of court made under section 9 of the Law Reform Act (cap 26), (hereinafter called the Act).…
Division and case type: Environment and LandCivil Suit
…Banuel Bouis Omambia, Nairobi HCCC No. 2050 of 1993 Kubo J held inter alia that “ Nobody has vested right in procedure and a court must at least be prepared to do substantial justice to the parties undeterred by technical procedural…
…rules ... errors or omissions should not always enjoy clemency but court procedures are made for a purpose to ensure orderly, effective and predictable management of cases.…