Case law
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Division and case type: CivilCivil Appeal
…This situation is reinforced by provision in order XXXVI rule 3C of the Civil Procedure rules which reads. "3C(1) An application under section 27 of the Limitation of Actions Act made before the Filing of a suit shall be…
Division and case type: CivilCivil Appeal
…In an application made by way of a Chamber Summons under order XXXIX rules 1, 2, and 3 of the Civil Procedure Rules and dated 26th October, 1992, the respondent sought orders from the superior court that: 1.…
…The respondent’s application was made under order XXXIX rules 1, 2 and 3 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Example 4 of Section 7 of the Civil Procedure Act provides for issues left out of consideration being prohibited from being ventilated later. The idea was no doubt that Civil Case No 2179 was caught by Civil Case 2016.…
Division and case type: CivilCivil Appeal
…clearly conscious of the fact that the application then before him could not be decided on a consideration of the opposing affidavits, but that, having regard to those affidavits, it was a proper case, both under the Rules of Civil…
…Procedure invoked under the court’s inherent jurisdiction, for the striking out of the petition.…
Division and case type: CivilCivil Appeal
…Civil Practice and Procedure - injunctions - ex-parte injunctions - duty of applicants to make full and frank disclosure of material facts – what was the consequence of non-disclosure of facts.…
…shall lie from any judgement, order or decision of the High Court in the exercise of its admiralty jurisdiction within the same time in the same manner as an appeal from a decree of the High Court under part VII of the Civil…
Division and case type: CivilCivil Appeal
…The appellant also claimed that the court should have called in the aid of assessors as provided by s.87 (1) of the Civil Procedure Code which reads as follows: 87. (1) Any court may, in any cause or matter pending before…