“"procedure rules"” — court decisions

Judgment[2007] KEHC 14146 December 2007

BEJA MNYIKA BEJA v ELECTORAL COMMISSION OF KENYA

High Court at Nairobime is the Chamber Summons dated,Milimo,Annan,Mulimo,Milimo Applicant

Division and case type: Constitutional and Human RightsPetition

…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…

…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…

9 min read

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

Division and case type: CivilCivil Appeal

…At the same time the plaint was filed the plaintiff filed a Chamber Summons under "Order XXVI rules (sic) 5 Civil Procedure Rules as amended (sic) and Order XXXIX rules 1, 2 & 3 Civil Procedure Rules as amended (sic) and…

…Rules (service of summons on Corporations) to provide for, in the first instance, personal service on relevant officer(s) of the Corporation.…

appeal is hereby allowedAllowed12 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.…

…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…

appeal is allowedAllowed12 min read

Judgment[1998] KECA 14312 November 1998

GREENFIELD INVESTMENTS LIMITED v BABER ALIBHAI MAWJI

Court of Appeal at NairobiPall,Appeal,Pall given Nairobi,JUDGE APPEAL,Justice,Gautama,Luvuga,Mohammed Nyaoga,Nyakeno,Oraro,NyaogaCIVIL APPEAL NO. 160 OF 1997

Division and case type: CivilCivil Appeal

…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…

…respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure…

10 min read

Judgment[1996] KECA 1907 March 1996

Kenya Bus Services Ltd. v Susan Muteti

Court of Appeal at NairobiJUDGE APPEAL,Justice,Keith,Ryley,FurthermoreCase number Civil Appeal 15 of 1992

Division and case type: CivilCivil Appeal

…Order III rule 6 of Civil Procedure Rules clearly stipulates that an advocate on record, until properly removed or changed, is considered the advocate of the party until final conclusion of the cause or matter, including…

appeal is dismissedDismissed4 min read

Judgment[1989] KECA 695 February 1989

Muthike v Kenya Film Corporation Ltd

Court of Appeal at NairobiCockar setting aside Mr,Cockar,JUDGE APPEALCase number Civil Appeal 7 of 1988

Division and case type: CivilCivil Appeal

…September, 1986 that the defence of the Defendant Corporation, the Kenya Film Corporation Limited, must be struck out as showing no cause of defence and for being vexatious (inter alia), under Order VI Rule 13 of the Civil Procedure…

…Rules.…

10 min read