Case law
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Division and case type: CivilCivil Appeal
…An application under rule 8 of order IXB includes application to set aside a dismissal.…
…That provision does not bar such a plaintiff from applying for the dismissal to be set aside under rule 8.…
Division and case type: CivilCivil Appeal
…Order IXB rule 8 (and not order IXA rule 10). What is the law about this?…
…Shabir was decided under the old order IX whereas this application is under the new order IXB rule 8 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…The application was expressed to be brought under 0.1XB rule 8 of the Civil Procedure Rules and S.3A of the Civil Procedure Act, (Cap 21 Laws of Kenya).…
…An application under 0.IXB rule 8, above, is in the nature of a review application.…
Division and case type: CivilCivil Appeal
…Apart from what order III rule 8 as read with order III rule 3 of the Civil Procedure Rules says, it is a matter of common sense that once an advocate has been appointed to act for a party and he has taken the trouble to…
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: 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…
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.…
…Order IXB rule 8 on August 2, 1979, which is the date when the application to set aside the judgment was filed, was this – “8.…
Division and case type: CivilCivil Suit
…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: Constitutional and Human RightsElection Petition
…Advocates, which advise I verily believe to be true that the requirement that the Petition be signed by a Petitioner in Rule 8 (4) (b) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and be supported…
…Advocates, which advise I verily believe to be true that Rules 8 (1) (e) and 12 (2) (e) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 requires in mandatory terms that the grounds upon which the…
Division and case type: Constitutional and Human RightsElection Petition
…Advocates, which advise I verily believe to be true that the requirement that the Petition be signed by a Petitioner in Rule 8 (4) (b) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and be supported…
…Advocates, which advise I verily believe to be true that Rules 8 (1) (e) and 12 (2) (e) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 requires in mandatory terms that the grounds upon which the…
Division and case type: CivilCivil Appeal
…before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge the court’s jurisdiction and held that under Order 12 Rule…
…8 of the RSC of England, which apply, such appearance was proper and did not amount to the appellant submitting to the court’s jurisdiction nor preclude it from challenging the courts’ admiralty jurisdiction. 58.…