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…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…

…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…

…The decision was given on a chamber summons taken out by the defendants under Order 6 rule 13 of the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against…

…Rules.…

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

…It was brought under order XXXVI rule 3A of the Civil Procedure Rules, and section 97 of the Civil Procedure Act. Rule 3A not relevant as this is not a mortgage dispute, and section 97 does not exist.…

…There is no specific provision under order XXXVI of the Kenya Civil Procedure Rules to file proceedings for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has…

…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…

…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…

…judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order XXXVI rule 3B of the Civil Procedure…

…Rules.…

…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

….........RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings made under order XXI of the Civil Procedure…

…Rules.…

…a discretion to set aside the judgment upon such terms as may be just, but in a case like this where the obtaining of the judgment was irregular and not in accordance with the law and practice as laid down in our Civil Procedure…

…Rules, the appellant is clearly entitled as of right to have the judgment set aside without any conditions being imposed.…

…We must first consider the applicable substantive civil procedure rule under which the originating summons was filed.…

…It was because of this, according to submissions that the plaintiff came to Court under Order XXXVI rule 1 of the Civil Procedure Rules, which states, inter alia 'and any person claiming to be interested in the relief sought…

…Appeal from the High Court at Nairobi, Shields J) JUDGMENT This is an appeal from an order which Shields J made upon the dismissal of the appellants’ application by chamber summons under order 39 rule 1 and 4 of the Civil Procedure…

…Rules (the rules).…

…On the question of malice Mrs Madahana, state counsel, on behalf of the respondent very properly raised the issue of non-compliance with order 6 rule 6 A (3) of the Civil Procedure Rules which has prescribed that where a…

…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.…

…The magistrate could if he deemed it proper invoke Order 1 r II of the Civil procedure Rules and authorize Javan Bulemi to conduct the suit. That is the correct step which should have been taken.…

…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.…

…RESPONDENT (Appeal from the High Court of Nairobi, Gachuhi J) JUDGMENT Chesoni Ag JA The appellant’s suit was dismissed in the resident magistrate’s court at Sheria House, Nairobi, under order IXB rule 4(1) of the Civil Procedure…

…Rules (cap 21).…

…The superior court was therefore right in making a finding that the departure in pleadings was not acceptable and was contrary to Order 53 rule 4 Civil Procedure Rules, and also a departure from the very reason for granting…

…Rules.…

…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…