Case law
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Division and case type: CivilCivil Case
…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…
Division and case type: CivilCivil Appeal
…The application was brought under section 27 and 28 of the Limitation of Actions Act (chapter 22 Laws of Kenya) (the Act) and also under section 3A of the Civil Procedure Act.…
…While it is trite law that the superior court has unlimited inherent jurisdiction under section 3A of the Civil Procedure Act, it is also trite law that such inherent jurisdiction should only be invoked where there exist…
Division and case type: Constitutional and Human RightsElection Petition
…Indeed we ought to point out as regards the Rules on service as set out under rule 14(1) (2) that it is complete in itself and there is no validity in looking at service under other enacted laws and Rules eg under the Civil…
…Procedure Act and Rules.…
Division and case type: CivilCivil Case
…Section 3A of the Civil Procedure Act was also cited in the heading, as were the verbiage “provisions of the Constitution of Kenya, the Education Act and all enabling provisions of the law” – a superfluity from which a neat…