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…It was dated 6th March 1996 and brought under 044 and S.3A Civil Procedure Rules and Civil Procedure Act respectively. The appellant prayed for orders that: 1.…

…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…

…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…

…Mr Wasuna who also argued the application before the judge pointed out that they could not have filed a supporting affidavit because that was not allowed by order VI rule 13(2) of the Civil Procedure Rules.…

…that the plaint is not accompanied by a verifying affidavit as required under Order 17 and therefore, defective and that because the affidavit is defective and does not comply with requirements of Order 18 of the Civil Procedure…

…Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial Review application for certiorari…

…DEFENDANT R U L I N G This is a Notice of Motion brought under Order XLIV Rule 1 of the Civil Procedure Rules in which the applicant is seeking the following orders:- “1.…

…and; therefore, it would be an exercise in futility and prejudicial to the applicant if the respondent was given an extension for time to perfect his appeal in view of the provisions of Order 45 rule 17(2) of the Civil Procedure…

…Rules.…

…In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security…

…An appeal will be dismissed pursuant to Order 42 rule 35(1)(2) of the Civil Procedure Rules in two situations.…

…Order VII Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…The Chamber Summons is stated to be brought under order 9A rules 10 and 11, order 9B rules 1 and 8, order 21 rule 22 of the Civil Procedure Rules and under section 3A of the Civil Procedure Act.…

…These matters which the defendants ask me to do are all provided for in various sections of the Civil Procedure Rules and accordingly there is really no reason for my doing anything under section 3A of the Civil Procedure…

…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…

…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…

…By legal notice No 164 of 1992, the Rules Committee amended order 53 of the Civil Procedure Rules whereby their existing rules 1 & 2 of order 53 were deleted and new rules were inserted in their place.…

…If it were a limited time prescribed under the Civil Procedure Rules or by an order of the Court of by summary notice. I could have enlarged that period.…

…17, the same year the learned judge heard Gathigia’s application by Chamber Summons dated August 20, 1982 asking him to set aside that award under Section 3A of the Civil Procedure Act and Order XLV rule 15 of the Civil Procedure…

…Rules.…

…The respondent complained to a Judge in his Chamber summons filed on 13th January 1988 under Order 35 rule 1(a) and Order IXA rule 8 of the Civil Procedure Rules that judgement be entered for Shs. 37,447/- as per ruling of…

…The respondent in taking steps to speed up the finalisation of the matter filed a Chamber summons under Order 35, of the Civil Procedure. This rule provides for obtaining judgement summarily.…

…Mr Obhrai contends that this was not incompliance with order III rule 6 and 7 of the Civil Procedure Rules.…

…this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order XLIV rule 1 of the Civil Procedure…

…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…

…Rule 1 (2) of Order 22 of the Civil Procedure Rules require at least seven days before the day of hearing the Garnishee order nisi shall be served on the Garnishee.…

…The effect of the abatement was that under Rule 8(1) of Order XXIII of the Civil Procedure Rules, no fresh suit could be brought on the same cause of action.…

…DEFENDANT J U D G M E N T The application filed herein on 5th July, 1995 by originating summons pursuant to Order XXXVI rule 7 of the Civil Procedure Rules seeks determination of the following questions namely; (1)Whether…

…The applicant filed this claim under Order XXXVI of the Civil Procedure Rules to claim the suit land by way of adverse possession; but in the supporting affidavit he raised the issue of sale and/or purchase of the same, thus…

…DEFENDANT RULING In this application brought under Order 39 rules 3 & 4 of the Civil Procedure Rules and under Section 3A of the Civil Procedure Act, the Applicant/Defendant is asking for orders discharging the injunction…

…However, rule 4 of Order 39 of the Civil Procedure Rules is wide andenough and covers the present application. It is as follows:- "4.…