Judgment[1990] KEHC 91
Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…The means provided by these statutes is a special action on the case which means nowadays in Kenya an action brought by plaint under the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…It also, in my opinion, accords with section 27(1) of the Civil Procedure Act and its proviso: which it is evident from the concluding part of his judgment the learned judge in this case had very much in mind.…
…Under the proviso to section 27(1) of the Civil Procedure Act, the court should, therefore award costs to the defendant. But I do not think I am prepared to do this.…