Case law
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Division and case type: CivilCivil Appeal
…In my view, Section 3A of the Civil Procedure Act is meant to give court power to deal with situations like this and make appropriate orders to meet the ends of justice”.…
…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…
Division and case type: CivilCivil Appeal
…It would appear to us that the superior court did not comply with section 79 B of the Civil Procedure Act relating to summary rejection of appeals to that court and rule 8B (1) of Order XLI of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…This was on August 5, 1982 and on September 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: 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
…There is no point of law raised within the meaning of Section 72 of the Civil Procedure Act (Cap 21).…
Division and case type: GeneralUnclassified
…1990, and; therefore, it would be an exercise in futility and prejudicial to the applicant if the respondent was given an extension for time to perfect his appeal in view of the provisions of Order 45 rule 17(2) of the Civil…
…Procedure Rules.…
Division and case type: CivilCivil Appeal
…It was brought under order XXXVI rule 3A of the Civil Procedure Rules, and section 97 of the Civil Procedure Act. Rule 3A not relevant as this is not a mortgage dispute, and section 97 does not exist.…
…There is no specific provision under order XXXVI of the Kenya Civil Procedure Rules to file proceedings for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has…