Case law
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Division and case type: CivilCivil Appli
…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…
…The suggested grounds of appealwere not filed so may be there may be other reasons, secondly, the most important requirement for anapplication under 0.41 r. 4 of Civil Procedure Rules is thatthe applicant will suffer substantial…
Division and case type: CivilCivil Case
…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…