Case law
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Division and case type: CivilCivil Case
…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
Division and case type: CivilCivil Case
…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
Division and case type: CivilCivil Appeal
…Whilst the time limited for doing something under the civil Procedure Rules can be extended by an application under order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited…
…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…Rule and VI rule 13 (b) ( c ) and (d) Civil Procedure Rules.…
…Directions on a summons under O. 51 Civil procedure Rules have not been given.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is a Notice of Motion dated 8th May, 2007 expressed to be brought under Order XLI rule 4 and Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.…
…Procedure Rules .…
Division and case type: Milimani Commercial CourtsCivil Case
…It is a Notice of Motion dated 8th May, 2007 expressed to be brought under Order XLI rule 4 and Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.…
…Procedure Rules .…
Division and case type: CivilCivil Appeal
…Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.…
…Procedure Act at the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…
…Procedure Act.…
Division and case type: CivilCivil Appeal
…It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order.…
…But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court. Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.…
Division and case type: CivilCivil Suit
…The application is brought under Order 41 rule 4 of the Civil Procedure Rules. It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…The application is brought under Order 41 rule 4 of the Civil Procedure Rules. It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
Division and case type: CivilCivil Case
…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
Division and case type: CivilCivil Appeal
…Civil Practice and Procedure – representative suit–– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.…
…Procedure Act at the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…If the appellant was going to rely o illegality as a defence to the claim, he was obliged to plead it - See Order 6 rule 4 of the Civil Procedure Rules.…
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…The then plaintiff’s counsel on record then intimated on record that the notice was under Order 24 rule 1 of the Civil Procedure Rules.…
…This is complaint touching on want of form and this is curable under order 50 rule 12 of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Civil Application
…Procedure Act.…
…Section 18 of the Civil Procedure Act under which the application is brought does not provide for the manner in which applications are to be made.…
Division and case type: CivilCivil Appeal
…Procedure Rules (cap 21).…
…The Civil Procedure Act does not define the word “judgment”.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…It is made under O XLI rule 4 of the Civil Procedure Rules.…
…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “No order for stay of execution shall be made under sub rule (1) unless – (a) the Court is satisfied that substantial loss may result to the applicant…