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…Agreements to refer disputes to arbitrationentered into after a suit or suits have been filed are governed either by 0.45, Civil Procedure Rules, if references are made by order of court or under 0.24 rule 6 Civil Procedure…

…Our 0.24 rule 6 Civil Procedure Rules, is almost identically worded as 0.23 rule 3 of the Indian Civil Procedure Code as it was in 1957. The authors of the book; A. I .…

…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…

…Procedure Rules.…

…It is made under O XLI rule 4 of the Civil Procedure Rules.…

…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “No order for stay of execution shall be made under sub rule (1) unless – (a) the Court is satisfied that substantial loss may result to the applicant…

…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…

…In this regard, the main concern of the Court is to do justice to the parties and it will not impose conditions on itself to fetter the wide discretion which the Civil Procedure Rules gives to it.…

…the defendant’s own affidavit as adumberated above, this is a case where the defendant is grossly guilty of abusing the process of Court, the defence is one which is absolutely vexatious and must be struck out under the Civil…

…Procedure Rules order VI rule 6.…

…By a Notice of Motion dated 10th March, 1992 and made under order XXXV rules 1 and 2 of the Civil Procedure Rules, the respondent applied to the superior court for summary judgment against the appellant in the sum of Kshs…

…Unlike the applications founded under order 50 of the Civil Procedure Rules for prerogative orders of mandamus and certiorari , where a special procedure is provided for applications founded under section 27, 28 and 30 of…

…Simultaneously with the plaint, was filed an application as a summons in chambers, basically under order 39 rule 2 of the Civil Procedure Rules.…

…I take it that this was in accordance with order 46, rule 6 of the Civil Procedure Rules, the Senior Principal Magistrate acting as a High Court District Registrar and the matter being an interlocutory application.…