Case law
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Division and case type: Constitutional and Human RightsPetition
…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…
…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…
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.…
Division and case type: CivilCivil Appeal
…Procedure Rules.…
…The foundation is section 68 of the Civil Procedure Act, but the decision of this Court’s predecessor in Baker v Rush, which analyses the meaning of a preliminary decree, is of importance, as having declared the law which…
Division and case type: CivilCivil Case
…Machio for two Judges to hear the Review application.Section 79 (C) of the Civil Procedure Act Cap. 21 gives me power to appoint twoor more Judges to hear an appeal from a subordinate court where, in anyparticular case, I…
Division and case type: CivilCivil Appeal
…Machio for two Judges to hear the Review application.Section 79 (C) of the Civil Procedure Act Cap. 21 gives me power to appoint twoor more Judges to hear an appeal from a subordinate court where, in anyparticular case, I…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is said to have been brought under Order XLV Rule 14 of the Civil Procedure Rules, but as pointed out by Mr. Muguku, Counsel for the plaintiffs/respondents, the correct Rule should be 15.…
Division and case type: CivilMiscellaneous Application
…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…
Division and case type: CivilCivil Suit
…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…