Search court decisions

…Section 27 of the Civil Procedure Act 9 (cap 21) provides that the costs of and incidental to all suits shall be in the discretion of the court or judge and the court or judge shall have full power to determine by whom and…

…Under the provisions of Order XLV rule 17 (2) of the Civil Procedure Rules when the judgement has been entered in terms of the award there is no appeal from that judgment unless the judgment entered is in excess of or not…

…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…

…The foregoing orders made by the Acting Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to…

…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…

…The foregoing orders made by the Acting Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to…

…Order VI Rule 3(1) of the Civil Procedure Rules requires this. Rule 3(2) of those Rules requires the substance of a document to be set out if relied upon. (See also Order VII Rule 6 of the Rules ).…

…under the Law of Succession Act and its rules and to order him sign any of the documents mentioned above is to make an order which is not supportable under the Law of Succession Act and is therefore null and void as the Civil…

…Procedure Act and its rules do not apply on this issue and cannot therefore come in to rescue the Applicant.…

…The application is brought pursuant to the provisions of Order 40 Rule 1 of the Civil Procedure Rules, 2010, and it seeks for the following prayers as stated on the face thereof: 1.…

…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…

…He has now abandoned prayer (a) of the plaint for specific performance and by this notice of motion which he has filed under order XII rule 6 of the Civil Procedure Rules he is praying for interlocutory judgment in his favour…

…Muhuni, a Mombasa advocate, wrote to the magistrate telling him that he had been briefed by the plaintiff to file a notice in his court wholly discontinuing the suit against the defendant under order XXIV rule 1 of the Civil…

…Procedure Rules.…

…Indeed we ought to point out as regards the Rules on service as set out under rule 14(1) (2) that it is complete in itself and there is no validity in looking at service under other enacted laws and Rules eg under the Civil…

…Procedure Act and Rules.…

…This situation is reinforced by provision in order XXXVI rule 3C of the Civil Procedure rules which reads. "3C(1) An application under section 27 of the Limitation of Actions Act made before the Filing of a suit shall be…

…In an application made by way of a Chamber Summons under order XXXIX rules 1, 2, and 3 of the Civil Procedure Rules and dated 26th October, 1992, the respondent sought orders from the superior court that: 1.…

…The respondent’s application was made under order XXXIX rules 1, 2 and 3 of the Civil Procedure Rules.…

…Example 4 of Section 7 of the Civil Procedure Act provides for issues left out of consideration being prohibited from being ventilated later. The idea was no doubt that Civil Case No 2179 was caught by Civil Case 2016.…

…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.…

…Civil Practice and Procedure - injunctions - ex-parte injunctions - duty of applicants to make full and frank disclosure of material facts – what was the consequence of non-disclosure of facts.…

…shall lie from any judgement, order or decision of the High Court in the exercise of its admiralty jurisdiction within the same time in the same manner as an appeal from a decree of the High Court under part VII of the Civil…

…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…

…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…