Case law
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Division and case type: CivilCivil Appeal
…Procedure Act.…
…Act really comes to aid.…
Division and case type: CivilCivil Appeal
…These actions fall under as 61 and 62 of the Civil Procedure Act and they are limited to public nuisance and public charity.…
…That a relator action was required in the specific action concerning a public charity as provided for by the Civil Procedure Act, was reiterated in the case of Wakf Commissioners v Mohamed bin Umeya bin Abdulmajid bin Mwijabu…
Division and case type: CivilCivil Appeal
…There is no point of law raised within the meaning of Section 72 of the Civil Procedure Act (Cap 21).…
Division and case type: CivilCivil Appeal
…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…
…In my view, Section 3A of the Civil Procedure Act is meant to give court power to deal with situations like this and make appropriate orders to meet the ends of justice”.…
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.…
Division and case type: Environment and LandLand Case
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
Division and case type: Environment and LandCase
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
Division and case type: CivilMiscellaneous Civil Application
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
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: Environment and LandLand Case
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…
Division and case type: Milimani Commercial CourtsCivil Suit
…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.…
…Section 3A of the Civil Procedure Act gives this court inherent powers to make such orders as may be necessary for ends of justice to be met or to prevent abuse of the process of the court.…
Division and case type: CivilCivil Case
…Civil Procedure Act (cap 21) section 3A Advocates Mr Taib for the Defendant. August 15, 1991 Wambilyangah J delivered the following Ruling.…
…This is a substantial defect which can only be overlooked or remedied by me by the invocation of the powers set out under s 3A of the Civil Procedure Act. I am prepared to do so.…
Division and case type: CivilCivil Appeal
…It was dated 6th March 1996 and brought under 044 and S.3A Civil Procedure Rules and Civil Procedure Act respectively. The appellant prayed for orders that: 1.…
…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…
Division and case type: CivilCivil Appeal
…On 18th November, 1983, the 2nd respondent, who is the wife of the 1st respondent, made an application under section 80 of the Civil Procedure Act for a review of the said judgment dated 25th May, 1979, on the grounds that…
…The words “any person” and “for any sufficient reason” used in section 80 of the Civil Procedure Act clearly are meant to include a person who has a direct interest in a litigation or its result but has been deprived of a…
Division and case type: CivilCivil Case
…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…
Division and case type: CivilCivil Suit
…Order VII Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…application under a certificate of urgency by way of chamber Summons under section 17 and 30 of the Matrimonial Causes Act Cap.152 Laws of Kenya and order 39 Rules 1,2, and 3 of the Civil Procedure Rules and section 3A of the Civil…
…Procedure act.…
Division and case type: Milimani Commercial CourtsCivil Case
…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
…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.…
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…