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…Thus, he urges that the application is a flagrant violation of the express provision of section 6 of the Civil Procedure Act.…

…Procedure Act. 12.…

…The Application is brought under Sections 1A, 1B, 3A and 79G of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules. 2.…

…Reliance was placed on Section 79G of the Civil Procedure Act, Order 50 Rule 6 of the Civil Procedure Rules and several decisions including Nicholas Kiptoo Arap Korir Salat vs.…

…Procedure Act.…

…Instead, the court finds that an award of interest at court rates is reasonable and consistent with the discretion conferred by Section 26 of the Civil Procedure Act. 15.…

…It is subsidiary legislation, made by the Rules Committee, established under section 81 of the Civil Procedure Act, Cap. 21, Laws of Kenya, to make Rules, for the purposes of the Civil Procedure Act, or any other written…

…law, which should not be inconsistent with the provisions of the Civil Procedure Act or any other applicable written law. 15.…

…Section 40 of the Civil Procedure Act provides:- “40.…

…The Civil Procedure Act and the Rules provided a legal regime for arrest and committal as a means of enforcement of a judgment debt.…

…Procedure Act and the Rules thereunder.…

…The provisions of the Civil Procedure Act and the Civil Procedure Rules apply, and the probate court exercises jurisdiction under them, only to such extent as may be allowed by the Law of Succession Act and the Probate and…

…That this Court lacks jurisdiction to hear and determine the appeal pursuant to Section 75 of the Civil Procedure Act as read together with Order 43 of the Civil Procedure Rules. ii.…

…and that none of those provisions fall within the orders appealable as of right under Section 75 of the Civil Procedure Act and Order 43 Rule 1 of the Civil Procedure Rules. 7.…

…It argues that the award of interest is a matter of judicial discretion under Section 26(1) of the Civil Procedure Act.…

…Indeed, section 26(2) of the Civil Procedure Act applies where no other interest is specified, the court rate shall apply.” 9.…

…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.…

…Section 3(2) of the Magistrates Courts Act (enacted after the Civil Procedure Act) explicitly states that the "Resident Magistrate’s Court shall have jurisdiction throughout Kenya" .…

…This jurisdiction is anchored in Sections 17 and 18 of the Civil Procedure Act.…

…This ruling relates to the application dated 19/2/2025 brought by the defendant under sections 3A of the Civil Procedure Act, Order 8 Rules 3 and 5 of the Civil Procedure Rules 2010.…

…The defendant moved this Court to exercise its inherent power under section 3A of the Civil Procedure Act and arrest the judgment of this court that was scheduled to be delivered on the 14/2/2025.…

…The respondent objects to the application on the ground that it improperly invokes this Court's jurisdiction in contravention of Section 30 of the Civil Procedure Act, which provides that a decree may only be enforced by…

…For the avoidance of doubt, section 30 of the Civil Procedure Act provides that: “A decree may be executed either by the court which passed it or by the court to which it is sent for execution.” 5.…

…Whether the execution undertaken by the Respondent, prior to taxation of costs and without leave, offended section 94 of the Civil Procedure Act. b.…

…Issue One: Section 94 of the Civil Procedure Act 5. Section 94 of the Civil Procedure Act permits execution of a decree before costs are ascertained only with leave of the Court.…

…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…

…Civil Procedure Act [Uganda] section 77(1) 3.…

…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.…

…Section 17 of the Civil Procedure Act (hereinafter ‘the CPA’) provides as follows: “17.…

…The jurisdiction of the High Court to transfer suits from one court to another is provided for by Section 18 of the Civil Procedure Act, Cap 21. 10.…

…Procedure Act.…

…Section 18 of the Civil Procedure Act empowers this court to transfer suits on its own motion or by application by any of the parties to another subordinate court.…

…Procedure Act (Cap 21) Laws of Kenya. 4.…

…The granting of interest is governed by section 26 of the Civil Procedure Act.…

…The applicant filed a Notice of Motion dated 12th August 2025 under order 42 Rule 6, order 51 rule 1 of the Civil Procedure Rules, and sections 1A and 3A of the Civil Procedure Act seeking; a. Spent b. Spent c.…

…That the memorandum of appeal filed outside the 30 days period under section 79G of the Civil Procedure Act.…