Case law
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Division and case type: Environment and LandCivil Suit
…This has been developed by case law and anchored on the provisions of order 1 rule 12(1) (2) Civil Procedure Rules.…
…Rules of procedure are good servants but bad masters.”…
Division and case type: Environment and LandPetition
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: Constitutional and Human RightsJudicial Review
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: Constitutional and Human RightsPetition
…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…
…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…
Division and case type: Constitutional and Human RightsPetition
…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…
…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…
Division and case type: Constitutional and Human RightsPetition
…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…
…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…
Division and case type: Environment and LandLand Case
…Rules seeks the following orders: (1).…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Environment and LandCase
…Rules seeks the following orders: (1).…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Rules seeks the following orders: (1).…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Constitutional and Human RightsPetition
…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…
…It seems to me that this other order of the Civil Procedure Rules is adverted to by virtue of rule 203 of the Winding Up Rules.…
Division and case type: Environment and LandLand Case
…Rules seeks the following orders: (1).…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Environment and LandLand Case
…He felt that the reasons adduced by the applicant were sufficient to persuade the Court to revive the suit in accordance with its powers donated by Order 24 rule 7, Sub-rule 2, of the Civil Procedure Rules 2010 and also Section…
Division and case type: Environment and LandLand Case
…Since the defendant has already filed his defence, parties are directed to comply fully with Order 11 of the Civil Procedure Rules and take a date for pretrial within 90 days from the date hereof. Orders accordingly.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
…Rules and any other statutes should not be applied when computing time..........”…
Division and case type: Constitutional and Human RightsPetition
…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.…
…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 Procedure…
Division and case type: Constitutional and Human RightsPetition
…being sought and obtained as stipulated in Section 79G of the Civil 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 the appeal is led in the wrong court, i.e where the proceedings appealed from emanate, not from a court exercising jurisdiction that is supervised by the High Court…
Division and case type: Environment and LandCivil Appeal
…being sought and obtained as stipulated in Section 79G of the Civil 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 the appeal is led in the wrong court, i.e where the proceedings appealed from emanate, not from a court exercising jurisdiction that is supervised by the High Court…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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…