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…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…Procedure Rules (cap 21).…

…The Civil Procedure Act does not define the word “judgment”.…

…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…

…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.…

…Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43 of the Civil Procedure Rules or where the appeal does not lie at all; or where…

…Procedure Act. 10.…

…By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to…

…Thereafter made an application under Sec 3A of the Civil Procedure Act, Order VI Rule 13 Order XIV Rule 2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation…

…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.…

…The application is expressed to be brought under O.IXB rule 8 Civil Procedure Rules.…

…Their application should therefore have been brought under the provisions of order XXXIX rule 4 Civil Procedure Rules which donates the power to apply for the discharge, variation or setting aside of such an order.…

…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…

…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.…

…This prompted the plaintiff to request for particulars under Order 6 Rule 8 of the Civil Procedure Rules. The request on record is dated 14th March, 1997.…

…There is now before me an application by way of Notice of Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant…

…Procedure Rules.…

…So the summons of August 19 was rightly brought under section 3A of the Civil Procedure Act (but not Rules as the respondents’ advocates carelessly put it). There were no grounds for invoking it in this case.…