Case law
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Division and case type: CivilCivil Suit
…17, the same year the learned judge heard Gathigia’s application by Chamber Summons dated August 20, 1982 asking him to set aside that award under Section 3A of the Civil Procedure Act and Order XLV rule 15 of the Civil Procedure…
…Rules.…
Division and case type: CivilMiscellaneous Civil Application
…The respondent complained to a Judge in his Chamber summons filed on 13th January 1988 under Order 35 rule 1(a) and Order IXA rule 8 of the Civil Procedure Rules that judgement be entered for Shs. 37,447/- as per ruling of…
…The respondent in taking steps to speed up the finalisation of the matter filed a Chamber summons under Order 35, of the Civil Procedure. This rule provides for obtaining judgement summarily.…
Division and case type: CivilCivil Appeal
…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…
Division and case type: CivilCivil Suit
…On 8th September, 1994 the respondent filed yet another application under Order 21, rule 30 and Order 39 rules (1) (2) and (3) of the Civil Procedure Rules as well as section 27 & 28 of Registered Land Act Cap 300.…
…On 14th February, 1995, once more another application was filed in this matter this time round by the respondent herein under the provisions of Order 46 rule 8 (2) and 19 of the Civil Procedure Rules seeking orders inter…
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
…This is one of the requirements a judge may consider when granting an interlocutory injunction as pointed out in Order 39 rule 2(2) of Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…
…respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure…
Division and case type: CivilCivil Appeal
…I could not find a certificate of costs in the file as provided by order XX rule 8() of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…
…relation of rules of practice to the administration of justice is intended to be that of a handmaid rather than a mistress and that the court should not be so far bound and tied by the rules, which are intended as general rules…
Division and case type: CivilCivil Appeal
…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…
…relation of rules of practice to the administration of justice is intended to be that of a handmaid rather than a mistress and that the court should not be so far bound and tied by the rules, which are intended as general 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
…Simultaneously with this plaint, the respondent applied for a temporary injunction under Order 39 rr 1,2 and 3 of the Civil Procedure Rules.…
…Meanwhile, on 20th June, 1994 the appellant made an application under Order 39 rule 4 of the Civil Procedure Rules seeking the discharge of the ex parte order made on 19th June, 1994.…
Division and case type: CivilCivil Appeal
…Order III rule 6 of Civil Procedure Rules clearly stipulates that an advocate on record, until properly removed or changed, is considered the advocate of the party until final conclusion of the cause or matter, including…
Division and case type: CriminalCriminal Appeal
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
Division and case type: CivilCivil Appeal
…There was no reply filed to this defence with the result that the allegations of negligence made against the appellant by the respondent in her defence were deemed to have been admitted under order 6 rule 9(1) of the Civil Procedure…
…Rules.…
Division and case type: CivilCase number Civil Application
…Here in Kenya we do not have such an order and rule in our legislation and we respectfully draw the attention of the rules committee to the English ones for introduction, if it thinks fit, into the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…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 order XXIII rules 5 and 10 Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…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 order XXIII rules 5 and 10 Civil Procedure Rules.…
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…
…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 from…
Division and case type: CivilCivil Appeal
…That statement was made against the background of the rules of procedure as they were at that time (emphasis mine).…
…Since then, the new Civil Procedure Rules 1998, S1 1998/3132, have been introduced which represent a new way of conducting litigation.…