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…(Section 6 of the Civil Procedure Act refers).…

…The means provided by these statutes is a special action on the case which means nowadays in Kenya an action brought by plaint under the Civil Procedure Act.…

…The rule 14 (2) does not require personal service, for comparison only as to where the law requires personal service, it is to be seen that the provisions of Civil Procedure Rule order V rule 9 provides “Wherever it is practicable…

…For example order 5 Civil Procedure Rules dealing with service of summons in ordinary cases dealing with mode of service directs rule 7.…

…The decision was given on a chamber summons taken out by the defendants under Order 6 rule 13 of the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against…

…1981 the 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…

…It would appear from the process server’s report that service was done in accordance with Order V rule 14 of the Civil Procedure Rules which states:- “Where the serving officer, after using all due diligence cannot find the…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…

…There is no such thing as “formal proof” in the Civil Procedure Rules at present. It is an anachronism lingering on from a previous set of rules, and should not be used, as it tends to blur the issues before the court.…

…As order VI rule 4(1) of the Civil Procedure Rules provides, such a defence should be pleaded.…

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

…Section 3A of the Civil Procedure Act was also cited in the heading, as were the verbiage “provisions of the Constitution of Kenya, the Education Act and all enabling provisions of the law” – a superfluity from which a neat…

…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 ).…

…Oguk – judge Mr Arithi for the applicant/appellant Mr VP Gituma for the respondent Court Interpreter – Murungi RULING This application by way of chamber summons is expressed to have been brought under sec 3 and 3A of the Civil…

…Procedure Act (cap 21 Laws of Kenya all other enabling provisions of law.…

…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.…

…Civil Practice and Procedure - injunctions - ex-parte injunctions - duty of applicants to make full and frank disclosure of material facts – what was the consequence of non-disclosure of facts.…

…shall lie from any judgement, order or decision of the High Court in the exercise of its admiralty jurisdiction within the same time in the same manner as an appeal from a decree of the High Court under part VII of the Civil…