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…Rules and not the Small Claims Court which has its own Rules of Procedure. 3.…

…The Rule provides: (1) Any order or decree of the court shall be enforceable in accordance with the Civil Procedure Rules. (2) ….. 9.…

…Rules. 3.…

…It is fatally defective, not curable under Order 19 of the Civil Procedure Rules or Article 159 of the Constitution. 4. Order 19 Rules 7 and 8 of the Civil Procedure Rules provides that: 7.…

…On the other hand, Order 53(2) of the Civil procedure Rules provides: 2.…

…Whilst the time limited for doing something under the Civil Procedure Rules can be extended by an application under Order 49 of the Civil Procedure Rules that procedure cannot be availed for the extension of time limited…

…court as required under Order 53 of the Civil procedure Rules.…

…Order 53 Rule 1(1), (2) and (3) of the Civil Procedure Rules provides as follows: 1.…

…53 of the Civil Procedure Rules same permits the court to entertain application for leave ex parte and in chambers.…

…The ex parte applicants contends that the Fair Administrative Action Act and the Rules made thereunder did not repeal the Civil Procedure Rules.…

…Rules and not the Small Claims Court which has its own Rules of Procedure. 3.…

…The applicable Civil Procedure Rules on execution of decrees and orders is Order 22 of the Civil Procedure Rules . One of the modes of execution of decree under Order 22 Rule 31 is by way of Notice to show cause.…

…The terms under Order 5 Rule 1 of the Civil Procedure Rules are couched in mandatory terms. 28.…

…Rules.…

…However, Rule 63 of the Probate and Administration Act provides for specific provisions of the Civil Procedure Rules which are to apply to succession proceedings.…

…That being the case, the provisions of section 75 of the Civil procedure Act as read with Order 43 of the Civil procedure Rules do not apply to succession matters.…

…Rules. 4.…

…That said, this Court retains discretion under Section 95 of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules to enlarge time where justice requires.…

…Further, in clarifying that the excluded days under Order 50 of the Civil Procedure Rules were included, this court was cognizant of the wordings of Order 50 Rule (4) of the Civil Procedure Rules that time does not run except…

…Coincidentally, the period contemplated in Order 50 Rule 4 of the Civil Procedure Rules is exactly the High Court recess period. 15.…

…In that case the application for review under order 44 of the Civil Procedure Rules was filed two years after the filing of the notice of appeal.…

…Order 41 rule 4(4) of the Civil Procedure Rules is confined only to the purpose of staying execution”. (My Emphasis).…

…The application is brought under sections 1A, 1B & 3A of the Civil Procedure Act, Order 2 Rule 15 and 51 (1) of the Civil Procedure Rules . 4.…

…Rules 30.…

…The application is brought pursuant to Order 45 of the Civil Procedure Rules, Article 159 of the Constitution and sections 1A and 3A of the Civil Procedure Act.…

…Rules.…

…The application is brought under sections 1A, 1B & 3A of the Civil Procedure Act, Order 2 Rule 15 and 51 (1) of the Civil Procedure Rules . 4.…

…Rules 30.…

…UNDER ORDER 1 RULE 8 OF THE CIVIL PROCEDURE RULES 1. The notice of motion dated 9/12/2025 is filed pursuant to leave to apply granted by this Court on 21st November 2025 in Judicial Review Case No. HCJR/E367/2025. 2.…

…I have considered the certificate of urgency in terms of directions to be given under Order 1 Rule 8 of the Civil procedure Rules.…

…Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules provide for review of judgment or orders.…

…Rules.…

…RULING ON LEAVE TO APPLY The application dated 21 st May 2024 it is brought under Order 53 Rule 1 (2) of the Civil Procedure Rules, Sections 8 and 9 of the Law Reform Act and Section 3A of the Civil Procedure Act.…

…The Applicants urge that the 1 st Respondent abdicated its duty to independently investigate the claim and also acted in total disregard to the rules of procedure.…

…And in determining whether sufficient cause has been shown, the Court should be guided by the three prerequisites provided under order 42 rule 6 of the Civil Procedure Rules.” 16.…

…The Court in exercising its powers under Order XLI rule 4(2)(b) of the Civil Procedure Rules, can order security upon application by either party or on its own motion.…

…He now argues that there exists an error apparent on the face of the record, warranting review under Order 45 Rule 1 of the Civil Procedure Rules.…

…Rules.…