Case law
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Division and case type: Milimani Commercial CourtsCivil Case
The application which is expressed to be brought under order 94 rule 10 and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed for the sale of goods attached in the suit to recover the amount of the decree. The goods include, an air compressor, two sand blasting units, three air spray guns, three tool kits and some spare parts.
Division and case type: CivilCivil Appeal
Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.
Division and case type: CivilCivil Suit
and Mr Jayantilal Shah of that firm took over his defence. He applied on October 11, 1982 for an order that his firm should cease to act for the defendant because it could get no further instructions in the suit from the defendant which the defendant said he had not alternative but to accept and it was all right if the firm did not wish to represent him.
Division and case type: CivilCivil Appeal
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?