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…Procedure Act, ordered in addition, interest to be paid on the principal sum again at the rate of 14%.…

…Judgment should only have been given for this latter sum and any interest which the learned judge could award under section 26 of the Civil Procedure Act.…

…According to section 2 of the Civil Procedure Act (cap 21): “legal representative” means a person who in law represents the estate of a deceased person ….”…

…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: see order XXIII rules 5 and 10 Civil Procedure Rules.…

…This appeal arose from the appellant’s plaint having been struck out and dismissed on application by respondent under order VI rule 13 of the Civil Procedure Rules on grounds that: (a) It disclosed no reasonable cause of…

…Founding himself upon order VI rule 13 of the Civil Procedure Rules, he asked Aluoch, J to strike out Mr Kairiuki’s plaint because it disclosed no reasonabale cause of action, was frivolous and vexatious and was an abuse…

…That the provisions of order XXXIX of the Civil Procedure Rules do not apply to this suit at all. A suit by a ratepayer must in law be by judicial review and not a plaint. (3).…

…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…