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….…………………………………………… DEFENDANT RULING In an application filed in this court on 9th March, 1998, the applicant Peter Ng’ang’a Muiruri, under, Order LIII rule 6(a) Civil Procedure Rules and section 3 of the Civil Procedure Act…

…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 ).…

…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…

…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…

…Order XXXVI rule 3D subrules (1) and (2) of the Civil Procedure Rules, provides: “3D 1 1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons. 2 2) The summons shall be supported…

…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…

…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…

…Unlike the applications founded under order 50 of the Civil Procedure Rules for prerogative orders of mandamus and certiorari , where a special procedure is provided for applications founded under section 27, 28 and 30 of…

…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 and…

…Simultaneously with the plaint, was filed an application as a summons in chambers, basically under order 39 rule 2 of the Civil Procedure Rules.…

…I take it that this was in accordance with order 46, rule 6 of the Civil Procedure Rules, the Senior Principal Magistrate acting as a High Court District Registrar and the matter being an interlocutory application.…

…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.…

…Moreover, as Mr Wasuna said when he was addressing us on behalf of the respondent, the appellant’s advocates, having been loud in their complaints about the respondent’s pleading, should themselves have complied with the Civil procedure…

…Rules.…

…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.…

…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.…

…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 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…

…There can be no doubt that, whether or not the power of attorney is in strict conformity with the Kenya law, it nevertheless constitutes Shakeel a recognised agent under order 3 rule 2 of the Civil Procedure Rules, for the…