Case law
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Division and case type: CivilCivil Case
…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…
…Civil Procedure Rules (cap 21 Sub Leg) order XVI rule 6; order XLII rule 1(2) 2. Civil Procedure Act [Uganda] section 77(1) 3.…
Division and case type: CivilCivil Appeal
…Procedure Act, ordered in addition, interest to be paid on the principal sum again at the rate of 14%.…
…Judgment should only have been given for this latter sum and any interest which the learned judge could award under section 26 of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate from his powers as attorney be it for the signing of a divorce petition under the Civil Procedure Rules or an election petition…
…Procedure Rules but from the authority conferred by the donor of the power, adding that any separate or other authority derived under the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate…
Division and case type: CivilCivil Appeal
…According to section 2 of the Civil Procedure Act (cap 21) “Legal representative” means a person who in law represents the estate of a deceased person ...”…
…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: See O XXIII rules 5 and 10 Civil Procedure Rules.”…
Division and case type: CriminalCriminal Appeal
…of courts in the two cases are agreed that an express statutory provision conferring, jurisdiction with the majority in MUNENE’s case holding that such express statutory authorization is to be found in section 66 of the Civil…
…Procedure Act, Cap 21, while the majority in NJERU’s case thought that section 66 of the Civil Procedure Act does not provide a basis for the assumption of jurisdiction by the court.…
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
…clearly conscious of the fact that the application then before him could not be decided on a consideration of the opposing affidavits, but that, having regard to those affidavits, it was a proper case, both under the Rules of Civil…
…Procedure invoked under the court’s inherent jurisdiction, for the striking out of the petition.…
Division and case type: CivilCivil Appeal
…Civil Practice and Procedure - injunctions - ex-parte injunctions - duty of applicants to make full and frank disclosure of material facts – what was the consequence of non-disclosure of facts.…
…shall lie from any judgement, order or decision of the High Court in the exercise of its admiralty jurisdiction within the same time in the same manner as an appeal from a decree of the High Court under part VII of the Civil…
Division and case type: CivilCivil Appeal
…The appellant also claimed that the court should have called in the aid of assessors as provided by s.87 (1) of the Civil Procedure Code which reads as follows: 87. (1) Any court may, in any cause or matter pending before…