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…At the same time the plaint was filed the plaintiff filed a Chamber Summons under "Order XXVI rules (sic) 5 Civil Procedure Rules as amended (sic) and Order XXXIX rules 1, 2 & 3 Civil Procedure Rules as amended (sic) and…

…section 3A Civil Procedure Act Laws of Kenya."…

…On 18th November, 1983, the 2nd respondent, who is the wife of the 1st respondent, made an application under section 80 of the Civil Procedure Act for a review of the said judgment dated 25th May, 1979, on the grounds that…

…However, we would observe that under section 80 of the Civil Procedure Code, as we shall point out herein later, any person, though not a party to the suit, whose direct interest is being affected by the judgment therein…

…According to section 2 of the Civil Procedure Act (cap 21): “legal representative” means a person who in law represents the estate of a deceased person ….”…

…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: see order XXIII rules 5 and 10 Civil Procedure Rules.…

…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…

…Subsequent to the respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(…

…Order III rule 6 of Civil Procedure Rules clearly stipulates that an advocate on record, until properly removed or changed, is considered the advocate of the party until final conclusion of the cause or matter, including…

…That is a matter for the superior court as set out in Section 91(1) of the Civil Procedure Act. We make no observations in that regard. Dated and delivered at Nairobi this 12th day of February, 1997. A. M.…