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: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application which is expressed to be brought under order 94 rule 10 and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed…
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: Milimani Commercial CourtsCivil Case
….…..DEFENDANT RULING I have before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for…
Division and case type: Milimani Commercial CourtsCivil Case
…In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue…
Division and case type: Milimani Commercial CourtsElection Petition
…The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…
…Thus, if there was any intention to have the Civil Procedure Rules apply, express provision would have been made.…
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.…
…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.…
…Rules .…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…
Division and case type: Milimani Commercial CourtsCivil Suit
…It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules. It seeks: 1.…
…The Applicant has invoked Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. These are general provisions of law.…
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: 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.…
…SECOND RULING In respect of the application dated 23rd May 2000 and filed the same date, the application was amended to read that it is brought under Order 44 rule 1 and order 50 rule 1 of the Civil Procedure 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: Milimani Commercial CourtsCivil Case
…The application has been brought under Orders 35 rule 1(a) and Order VI rule 13 (1) (b) and (d) of the Civil Procedure Rules and is supported by an affidavit sworn on June 12, 2000 by Lucy Wairimu Wamae, a director of the…
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: Milimani Commercial CourtsCivil Suit
…The courts jurisdiction has not been properly invoked as order 5 [1] Rule 7 of the Civil Procedure Rules is applicable only where summons expire before they are served upon the defendant. 2.…
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: Milimani Commercial CourtsUnclassified
…Misiramo & Another, stated as follows in regard to an application for transfer filed pursuant to Section 18 of the Civil Procedure Rules: “… the sole issue for determination here is whether this court has jurisdiction to…