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….…..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…

………………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act.…

…Section 15 of the Civil Procedure Act limits the court’s territorial jurisdiction in regard to where civil suits can be filed by plaintiffs against defendants.…

…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…

…With due respect to learned counsel for the second defendant section 44 of the Civil Procedure Act, which I think he had in mind, is intended to protect, not corporate entities but artisans – whose livelihood depends on their…

…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…

…The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…

…However, Civil Procedure Rules are made by the Rules Committee established under section 81 of the Civil procedure Act Cap 21 Laws of Kenya to provide for any matters relating to the procedure of Civil courts. they are subsidiary…

…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.…

…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.…

…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.…

…This is complaint touching on want of form and this is curable under order 50 rule 12 of the Civil Procedure Rules.…

…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.…

…He further argued that section 3A of the Civil Procedure Act cited in the application was not applicable. That the powers under that Section are used for the ends of justice or to prevent the abuse of the court process.…

…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…

…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…

…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.…

…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.…

…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.…

…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…