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…............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.…

…In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue…

…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…

…Civil Procedure Rules (cap 21 Sub Leg) order XVI rule 6; order XLII rule 1(2) 2. Civil Procedure Act [Uganda] section 77(1) 3.…

…Procedure Rules - whether provisions of the Civil Procedure Rules on enlargement of time could override or be applied to extend a statutory limitation period set under the Law Reform Act - Law Reform Act (cap. 26) section…

…Whether the court had jurisdiction to enlarge time for ling an application for leave to apply for certiorari beyond the statutory period under the Civil Procedure Rules. iii.…

…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…

…It was expressed to be brought under O IXB rule 8 Civil Procedure Rules and Section 3A of Civil Procedure Act. Two orders were prayed for.…

…Mr Macharia Muhuni was, however, of the view that there is no clear provision in the Civil Procedure Act and Rules to deal with a situation like is obtaining in this matter, and, consequently s 3A of the Civil Procedure Act…

…In my view, Section 3A of the Civil Procedure Act is meant to give court power to deal with situations like this and make appropriate orders to meet the ends of justice”.…

…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…

…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.…

…The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…

…However, Civil Procedure Rules are made by the Rules Committee established under section 81 of the Civil procedure Act Cap 21 Laws of Kenya to provide for any matters relating to the procedure of Civil courts. they are subsidiary…

…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…

…Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2. Civil Procedure Act (cap 21) section 3A Advocates Mr Taib for the Defendant. August 15, 1991 Wambilyangah J delivered the following Ruling.…

…Procedure Rules).…

…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.…

…It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules. It seeks: 1.…

…The Applicant has invoked Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. These are general provisions of law.…

…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…It is normally the duty of the High Court under section 79C of the Civil Procedure Act to hear the parties, allowing the appellant to exercise his constitutional right of appeal.…

…The problem then is one of construing the words of section 79B of the Civil Procedure Act and especially the words ‘No sufficient ground.’…

…It would appear to us that the superior court did not comply with section 79 B of the Civil Procedure Act relating to summary rejection of appeals to that court and rule 8B (1) of Order XLI of the Civil Procedure Rules.…

…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…

…Procedure Rules.…

…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.…