Case law
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Division and case type: CivilCivil Suit
…The application is brought under Order 41 rule 4 of the Civil Procedure Rules. It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
Division and case type: CivilCivil Appli
…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…
…The suggested grounds of appealwere not filed so may be there may be other reasons, secondly, the most important requirement for anapplication under 0.41 r. 4 of Civil Procedure Rules is thatthe applicant will suffer substantial…
Division and case type: CivilCase number Civil Application
…That defence naturally triggered off an application for summary judgment by the respondents under order 35 rule 1 of the Civil Procedure Rules.…