Case law
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Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
Division and case type: Milimani Commercial CourtsCivil Case
…The application which is expressed to be brought under order 94 rule 10 and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed…
…With due respect to learned counsel for the second defendant section 44 of the Civil Procedure Act, which I think he had in mind, is intended to protect, not corporate entities but artisans – whose livelihood depends on their…
Division and case type: CivilCivil Case
…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…
…Civil Procedure Rules (cap 21 Sub Leg) order XVI rule 6; order XLII rule 1(2) 2. Civil Procedure Act [Uganda] section 77(1) 3.…
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 Case
…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…
…I must confess, I am not quite sure whether the word “otherwise” in order 12 rule 6 of the Civil Procedure Rules includes a document signed, even if it is an admission, by a party other than a party to the suit.…
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
…According to section 2 of the Civil Procedure Act (cap 21) “Legal representative” means a person who in law represents the estate of a deceased person ...”…
…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: See O XXIII rules 5 and 10 Civil Procedure Rules.”…
Division and case type: CivilCivil Case
…The application is brought under order XXI r 56 of the Civil Procedure Code. The objector is Stephen Sururu Ole Mpakuanik.…
Division and case type: CriminalCriminal Appeal
…of courts in the two cases are agreed that an express statutory provision conferring, jurisdiction with the majority in MUNENE’s case holding that such express statutory authorization is to be found in section 66 of the Civil…
…Procedure Act, Cap 21, while the majority in NJERU’s case thought that section 66 of the Civil Procedure Act does not provide a basis for the assumption of jurisdiction by the court.…
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
…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
…clearly conscious of the fact that the application then before him could not be decided on a consideration of the opposing affidavits, but that, having regard to those affidavits, it was a proper case, both under the Rules of Civil…
…Procedure invoked under the court’s inherent jurisdiction, for the striking out of the petition.…
Division and case type: CivilCivil Appeal
…The appellant also claimed that the court should have called in the aid of assessors as provided by s.87 (1) of the Civil Procedure Code which reads as follows: 87. (1) Any court may, in any cause or matter pending before…
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…