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…The application is made vide order 1XB rule 8 of Civil Procedure Rules s 3A of the CPA is 11 and s 108 of the Bankruptcy Act.…

…power to pay stay proceeding which was the first player and which was granted on 19/2/91 on temporary basis, I do not agree that the application to set aside the receiving order was one made under the provisions if not Civil…

…Or indeed whether the Act permitted service of a petition by advertisement in a newspaper as if the election petition was a plaint governed by the Civil Procedure Act and Rules.…

…In the case of David Mukaru Murathe v Samuel Macharia CA 171/98 Tunoi JA said: “Further since election petitions have elaborate procedures of their own relating to filing and serving election petitions the Civil Procedure…

…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…

…It is not uncommon for arithmetic mistakes like what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to…

…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…

…Amendment) Act (Act No. 6, 2009), Order XXXIX Rules 1, 2, 3 and 9, Order V Rule 17 (1) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act.…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…Such interpretation accords with the overriding objective of the Civil Procedure Act as well as the rationale for the provisions of Article 22 (3) criteria for rules to provide access to the court for enforcement of the Bill…

…Such a course of action has analogy in Order 37 Rules 18 and 19 of the Civil Procedure Rules which provide for additional evidence to be taken in cases commenced by Originating Summons supported by affidavit and for the court…

…When this suit came up for hearing on 21st April, 2010, counsel for the plaintiff applied to withdraw the plaintiff’s suit under the provisions of order 24 Rule 1 of the Civil Procedure Rules.…

…DEFENDANT R U L I N G This is an application for an interlocutory injunction brought under Order XXXIX Rule 2 of the Civil Procedure Rules and all the enabling provisions of the law.…

…The application is said to have been brought under Order XLV Rule 14 of the Civil Procedure Rules, but as pointed out by Mr. Muguku, Counsel for the plaintiffs/respondents, the correct Rule should be 15.…

…The rule 14 (2) does not require personal service, for comparison only as to where the law requires personal service, it is to be seen that the provisions of Civil Procedure Rule order V rule 9 provides “Wherever it is practicable…

…For example order 5 Civil Procedure Rules dealing with service of summons in ordinary cases dealing with mode of service directs rule 7.…

…I am inclined to the view held by Justice Emukule by virtue of the provisions of Section 26 of the Civil Procedure Act regarding interest.…

…For those reasons I find that the affidavit is in accordance with the requirements of 0.XVIII of the Civil Procedure Rules and there is no basis for attacking it.…

…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…

…The foregoing orders made by the Acting Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to…

…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…

…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…

…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…

…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…

…The application is brought pursuant to the provisions of Order 40 Rule 1 of the Civil Procedure Rules, 2010, and it seeks for the following prayers as stated on the face thereof: 1.…

…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…