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…Procedure Act, regarding the place of institution of a suit. 14.…

…The place of institution of a suit is guided by among others, section 15 of the Civil Procedure Act which provides as follows; - “15.…

…He denied that a Plaintiff could elect where to file the suit under section 15 of the Civil Procedure Act.…

…Procedure Act, the Children Court was bound by the Civil Procedure Act.…

…On the question of interest, the Appellant relied on the provisions of Section 26(1) of the Civil Procedure Act and the case of Michael S. Odongo vs. South Nyanza Sugar Co.…

…Procedure Act.…

…Procedure Act, Cap 21, Laws of Kenya; and by misapprehending the provisions of section 34 of the Civil Procedure Act. 5.…

…E2113 of 2022 contravened section 34 of the Civil Procedure Act. 9. The starting point should be with what section 34 of the Civil Procedure Act provides.…

…The 3rd Defendant has therefore come back to this court under the provisions of Section 99 of the Civil Procedure Act, seeking for correction of the error in the judgment.…

…Section 99 of the Civil Procedure Act provides that, "Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission may at any time be corrected by the court…

…from any accidental slip or omission under Section 99 & 100 of the Civil Procedure Act. 7.…

…The 2nd defendant insisted that its application is grounded on sections 99 and 100 of the Civil Procedure Act. 16.…

…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.…

…The court further held: “The advocate’s Notice of Motion creates a presumptions that he had a right of appeal pursuant to Section 79G of the Civil Procedure Act and therefore Sections 65 and 75 of the Civil Procedure Act…

…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.…

…Procedure Act (CAP 21, Laws of Kenya).…

…Counsel relied on Sections 79G of the Civil Procedure Act and Section 16A of the Environment and Land Court Act.…

…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.…

…Procedure Act.…

…Procedure Act. 26.…