Case law
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Division and case type: CivilCivil Case
…............PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil…
…Procedure Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal.…
Division and case type: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
Division and case type: Constitutional and Human RightsPetition
…dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil…
…Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders…
Division and case type: Constitutional and Human RightsPetition
…dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil…
…Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders…
Division and case type: Milimani Commercial CourtsCivil Case
…In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue…
Division and case type: CivilMiscellaneous Application
…The applicant applied to the High Court by summons in chambers under order XXXIX rules 2, 5 and 9 of the Civil Procedure Rules (cap 21) and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction…
…Procedure Act and order XXXIX rules 1, 3 and 7 of the Civil Procedure Rules applied for a temporary injunction to restrain Kihara from removing the corpse of Teresia Wangari Mwangi pending the determination of “this suit…
Division and case type: CivilCivil Suit
…It offends o VI rule 9(3) Civil Procedure Rules. But under o 35 rule 2 Civil Procedure Rules, a defendant may show by affidavit or otherwise that he should have leave to defendant the suit.…
…Are the foregoing the issues envisaged by o 35 rule 2 Civil Procedure Rules? OXIV rule 1(4) Civil Procedure Rules defines what an issue is.…
Division and case type: CivilCivil Case
…It was expressed to be brought under O IXB rule 8 Civil Procedure Rules and Section 3A of Civil Procedure Act. Two orders were prayed for.…
…Mr Macharia Muhuni was, however, of the view that there is no clear provision in the Civil Procedure Act and Rules to deal with a situation like is obtaining in this matter, and, consequently s 3A of the Civil Procedure Act…
Division and case type: CivilCivil Case
…His submission was based' on the Provisions of 0.45 Civil Procedure Rules With due respect to him that order is of no assistance to either party's case.…
…Agreements to refer disputes to arbitrationentered into after a suit or suits have been filed are governed either by 0.45, Civil Procedure Rules, if references are made by order of court or under 0.24 rule 6 Civil Procedure…
Division and case type: Milimani Commercial CourtsElection Petition
…The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…
…However, Civil Procedure Rules are made by the Rules Committee established under section 81 of the Civil procedure Act Cap 21 Laws of Kenya to provide for any matters relating to the procedure of Civil courts. they are subsidiary…
Division and case type: CivilCivil Case
…Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2. Civil Procedure Act (cap 21) section 3A Advocates Mr Taib for the Defendant. August 15, 1991 Wambilyangah J delivered the following Ruling.…
…Procedure Rules).…
Division and case type: Milimani Commercial CourtsCivil Suit
…It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules. It seeks: 1.…
…The Applicant has invoked Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. These are general provisions of law.…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…
Division and case type: CivilCivil Appeal
…Whilst the time limited for doing something under the civil Procedure Rules can be extended by an application under order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited…
…Okubasu J. was hearing an application dated 28th April, 1994 (file on 4th May, 1994) which is entitled “Notice of Motion” under Order LIII rule 3(1) of the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…Rule and VI rule 13 (b) ( c ) and (d) Civil Procedure Rules.…
…Directions on a summons under O. 51 Civil procedure Rules have not been given.…
Division and case type: CivilCivil Appeal
…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…
…Procedure Act.…
Division and case type: CivilCivil Case
…Procedure Code.…
…That in matters of disobedience the procedure of court orders under order XXXIX of the Civil Procedure Code, a way of dealing with the situation is set out in rule 7.…
Division and case type: CivilCivil Case
…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
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
…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…