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…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.…

…Having dismissed that application, I also directed the applicant to show cause why this court should entertain the suit, given the provisions of Section 34 of the Civil Procedure Act. 5.…

…Section 34 of the Civil Procedure Act provides as follows : 34.…

…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.…

…Before this Court is an application seeking an order that this matter be transferred to the Hamisi Principal Magistrate's Court for hearing and determination pursuant to Section 18 of the Civil Procedure Act. 2.   …

…The applicant therefore prays that this Court invokes its powers under Section 18 of the Civil Procedure Act and transfers the matter to Hamisi Principal Magistrate's Court for hearing and determination.…

…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.…

…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.…

…Procedure Act Cap 21, Order 50 Rule 4 of the Civil Procedure Rules 2010.…

…That dismissal of a Preliminary Objection is not one of the specific orders delineated by Section 75(1) of the Civil Procedure Act from which an appeal lies as of right.…

…The gist of the response was that the intended execution process was irregular and unlawful because costs had not been ascertained as required under Section 94 of the Civil Procedure Act (Cap 21).…

…Whether the plaintiff's application is irregular and in violation of Section 94 of the Civil Procedure Act 8.…

…E095 of 2022, between the same parties and over the same subject matter, and therefore contravenes sections 6 & 8 of Civil Procedure Act. b.…

…That this court is barred by section 5 of the Civil Procedure Act from trying this suit in light of sections 6 & 8 of Civil Procedure Act. c. That this suit should be struck out with costs. 2.…

…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 Applicant 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…

…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.…