“"rule 8"” — court decisions

Judgment[1984] KECA 569 July 1984

Ngome v Plantex Company Ltd

Court of Appeal at NairobiGACHUHI,JUDGE APPEALCase number Civil Appeal 91 of 1983

Division and case type: CivilCivil Appeal

…An application under rule 8 of order IXB includes application to set aside a dismissal.…

…That provision does not bar such a plaintiff from applying for the dismissal to be set aside under rule 8.…

suit is dismissedDismissed10 min read

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…Order IXB rule 8 (and not order IXA rule 10). What is the law about this?…

…Shabir was decided under the old order IX whereas this application is under the new order IXB rule 8 of the Civil Procedure Rules.…

application is dismissedDismissed

Judgment[1997] KECA 39817 August 1997

Solomon K. Njuguna v Kenya Savings & Mortgages Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,Onyango,Khaminwa,KiageCase number Civil Appeal 53 of 1996

Division and case type: CivilCivil Appeal

…The application was expressed to be brought under 0.1XB rule 8 of the Civil Procedure Rules and S.3A of the Civil Procedure Act, (Cap 21 Laws of Kenya).…

…An application under 0.IXB rule 8, above, is in the nature of a review application.…

13 min read

Judgment[2000] KECA 5518 September 2000

MINT HOLDINGS LTD & another v TRUST BANK LTD

Court of Appeal at NairobiTom Mbaluto,JUDGE APPEAL,Muhindi,OgotiCase number Civil Appeal 249 of 1999

Division and case type: CivilCivil Appeal

…Apart from what order III rule 8 as read with order III rule 3 of the Civil Procedure Rules says, it is a matter of common sense that once an advocate has been appointed to act for a party and he has taken the trouble to…

appeal is dismissedDismissed3 min read

Judgment[1988] KECA 1318 September 1988

Richard Saidi v Manasse Lumwachi Hajani

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 58 of 1986

Division and case type: CivilCivil Appeal

…I could not find a certificate of costs in the file as provided by order XX rule 8() of the Civil Procedure Rules.…

4 min read

Judgment[1988] KECA 1305 July 1988

Adala v Anjere

Court of Appeal at NairobiJudge his Chamber,JUDGE APPEALCase number Civil Application 30 of 1988

Division and case type: CivilMiscellaneous Civil Application

…The respondent complained to a Judge in his Chamber summons filed on 13th January 1988 under Order 35 rule 1(a) and Order IXA rule 8 of the Civil Procedure Rules that judgement be entered for Shs. 37,447/- as per ruling of…

application is allowedAllowed4 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…

Judgment[2000] KEHC 49521 August 2000

ERIC PETER WANJAU v GEORGE MUNDET

High Court at NairobiJUDGE APPEAL,Igeria,Gachomba,ItCase number Civil Suit 3257 of 1978

Division and case type: CivilCivil Suit

…On 14th February, 1995, once more another application was filed in this matter this time round by the respondent herein under the provisions of Order 46 rule 8 (2) and 19 of the Civil Procedure Rules seeking orders inter…

8 min read

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…Advocates, which advise I verily believe to be true that the requirement that the Petition be signed by a Petitioner in Rule 8 (4) (b) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and be supported…

…Advocates, which advise I verily believe to be true that Rules 8 (1) (e) and 12 (2) (e) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 requires in mandatory terms that the grounds upon which the…

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge the court’s jurisdiction and held that under Order 12 Rule…