Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CriminalMiscellaneous Application
…Procedure Rules.…
…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…At the same time the plaint was filed the plaintiff filed a Chamber Summons under "Order XXVI rules (sic) 5 Civil Procedure Rules as amended (sic) and Order XXXIX rules 1, 2 & 3 Civil Procedure Rules as amended (sic) and…
…section 3A Civil Procedure Act Laws of Kenya."…
Division and case type: CivilCivil Appeal
…On 18th November, 1983, the 2nd respondent, who is the wife of the 1st respondent, made an application under section 80 of the Civil Procedure Act for a review of the said judgment dated 25th May, 1979, on the grounds that…
…However, we would observe that under section 80 of the Civil Procedure Code, as we shall point out herein later, any person, though not a party to the suit, whose direct interest is being affected by the judgment therein…
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…
…Subsequent to the 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)(…
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
…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
…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: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…1981 the appellant David Stephen Gatune as applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions Act and Order L(1) of the Civil…
…Procedure Rules and Section 63(e) of the Civil Procedure Act for an order that, he, the applicant be granted leave to file his case against the respondents, The Headmaster, Nairobi Technical High School and the Attorney-General…
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.…
Division and case type: CriminalCriminal Appeal
…The Republic had not appealed against that finding, so as to obtain a declaratory judgment under section 379(5) of the Civil Procedure Code, as it had not been certified that the point involved was of such exceptional public…