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…The Originating Summons is expressed to be brought under Sections 1A, 1B, and 3A of the Civil Procedure Act, and Article 159(2)(d) of the Constitution.…

…Additionally, the power under Section 18 of the Civil Procedure Act refers to competent suits filed in courts seized with the requisite jurisdiction to entertain them.…

…It does not however specify the procedure for so doing or the period within which such appeals ought to be filed hence we must resort to the Civil Procedure Act and Rules. 7.…

…Section 25 of the Civil Procedure Act draws the distinction as follows: “The court, after the case has been heard, shall pronounce judgment and on such judgment a decree shall follow….” 8.…

…It further referred to section 65 of the Civil Procedure Act which provides that an appeal to the High Court may be on a question of law or fact.…

…Further reliance was placed on section 80 of the Civil Procedure Act which gives the court power to review its judgment or decree and the case of Ivita v.…

…Procedure Act, thus it ought to be struck out.…

…of Section 15 of the Civil Procedure Act.…

…Section 15 of the Civil Procedure Act provides that a suit ought to be instituted where the defendant resides or where the cause of action arises.…

…Procedure Act on its own is not sufficient.…

…Civil Procedure Act remain a fallback, where there are gaps in the Small Claims Court Act.…

…That avoids the process of having to apply formally, under section 18 of the Civil Procedure Act, and it saves time.…

…Procedure Act and Rules.…

…I make the last point, in the foregoing paragraph, because of what section 80 of the Civil Procedure Act provides.…

…Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules. 4.…

…Procedure Act. 8.…

…Further, that Section 96 of Civil Procedure Act involves a defaulting party applying to court for leave to pay fees and to deem the application as duly filed.…

…In determining that issue, the court cited Section 96 of the Civil Procedure Act as reproduced above which provides for power to make up deficiency of court fees. 32.…

…7 of the Civil Procedure Act. 13.…

…The doctrine of res judicata in Kenyan law is embodied or anchored on Section 7 of the Civil Procedure Act.…

…The Applicant has by an application dated 17th November 2023 filed under a certificate of urgency and brought under Order 51 Rule 1 of the Civil Procedure Rules, sections 1A,1B, 3A and 100 of the Civil Procedure Act, seeking…

…The Applicant argues that this court has the requisite power under section 27 of the Civil Procedure Act to do so and vindicate the Applicant’s legitimate expectation to protection of the law.…

…Procedure Act and the Civil Procedure Rules. 10.…

…The institution of civil proceedings is thus governed by the Civil Procedure Act and the Civil Procedure Rules.…

…It was brought under Sections 1A, 1B, 3A and 18(1)(b) of the Civil Procedure Act, Cap 21 of the Laws of Kenya for the following Orders: [a] Spent.…

…They submitted that the application is legally untenable, fatally incompetent and falls short of the applicable statutory standards governing transfer of suits under Section 18 of the Civil Procedure Act.…

…The suit offends Section 34 of the Civil Procedure Act; ii. The matter is barred by the doctrines of res judicata under Section 7 of the Civil Procedure Act. iii.…

…The objection herein is anchored on jurisdictional bars under Sections 34 and 7 of the Civil Procedure Act. Jurisdictional objections are pure points of law.…

…To my mind, therefore, I see no apparent contradiction or conflict between sections 38 and 40 of the Civil Procedure Act and Article 11 of  ICCPR.  …

…Even under sections 38 and 40 of the Civil Procedure Act, no one should be committed to civil jail because of his or her inability to pay.…

…It is also submitted that section 6 of the Civil Procedure Act, properly understood, does not warrant striking out the proceedings before this Court. 5.…

…In view of the foregoing finding, it is unnecessary to determine the Preliminary Objection on the basis of section 6 of the Civil Procedure Act.…

…It would be stale for the purposes of the Small Claims Court Act, for lack of jurisdiction of the adjudicator, but not under the Civil Procedure Act.…

…There would be jurisdiction, for invocation of section 18 of the Civil Procedure Act, given that the claims under the Small Claims Court Act are civil by nature.…

…It would be stale for the purposes of the Small Claims Court Act, for lack of jurisdiction of the adjudicator, but not under the Civil Procedure Act.…

…There would be jurisdiction, for invocation of section 18 of the Civil Procedure Act, given that the claims under the Small Claims Court Act are civil by nature.…

…Section 11 of the Civil Procedure Act, 2010 provides that every suit shall be instituted in the court of the lowest grade competent to try it.…

…Procedure Act, Cap 221 Law of Kenya.…