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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…

…The aforesaid suit was commenced by originating summons in accordance with Order 33 rule 1 of the Civil Procedure Rules. No oral evidence was considered necessary as the facts were not in dispute.…

…That is a matter for the superior court as set out in Section 91(1) of the Civil Procedure Act. We make no observations in that regard. Dated and delivered at Nairobi this 12th day of February, 1997. A. M.…

…the 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…

…The power to award interest generally is given to the Court by section 26(1) of the Civil Procedure Act (cap 21) which reads: “26(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree…

…...............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.…

…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…

…It also, in my opinion, accords with section 27(1) of the Civil Procedure Act and its proviso: which it is evident from the concluding part of his judgment the learned judge in this case had very much in mind.…

…Under the proviso to section 27(1) of the Civil Procedure Act, the court should, therefore award costs to the defendant. But I do not think I am prepared to do this.…

…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.…

…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…

…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.…

…Section 7 of the Civil Procedure Act (cap 21) deals with res-judicata. It bars suits which have already been decided by competent courts to be reinsituted. PARA 2-0.…

…The appellants being the sons of Ayub Wasike who was involved in the same land dispute with Ainea Fita, who was the defendant in the fresh High Court suit, are all parties within the meaning of section 7 of the Civil Procedure…

…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…

…Procedure Rules.…

…This was not a case stated procedure at all, but a straightforward appeal from the magistrate under the Civil Procedure Act.…

…RESPONDENTS (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).…

…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.…

…That defence was filed on 10th May 1985, and on 13th May, 1985, counsel for the respondent took out a Notice of Motion under Order 35 rules 1 & 8 of the Civil Procedure Rules asking for summary judgment against the appellants…

…There is no question that the Court has power, under VIA rule 3(1) of the Civil Procedure Rules to allow an amendment, at any stage of the proceedings, on such terms as to costs or otherwise as may be just and under rule…

…By a Notice of Motion dated 10th March, 1992 and made under order XXXV rules 1 and 2 of the Civil Procedure Rules, the respondent applied to the superior court for summary judgment against the appellant in the sum of Kshs…