Case law
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Division and case type: CivilCivil Appeal
…However, if this was the only problem, this court can rewrite the judgment (See Section 78 of the Civil Procedure Act).…
Division and case type: CivilCase number Civil Application
…Section 27(1) Civil Procedure Act (cap 21 ).…
Division and case type: CivilCivil Suit
…According to section 2 of the Civil Procedure Act (cap 21): “legal representative” means a person who in law represents the estate of a deceased person ….”…
Division and case type: CivilCivil Appeal
…According to section 2 of the Civil Procedure Act (cap 21): “legal representative” means a person who in law represents the estate of a deceased person ….”…
Division and case type: CivilCivil Appeal
…That is a matter for the superior court as set out in Section 91(1) of the Civil Procedure Act. We make no observations in that regard. Dated and delivered at Nairobi this 12th day of February, 1997. A. M.…
Division and case type: Constitutional and Human RightsPetition
…power to pay stay proceeding which was the first player and which was granted on 19/2/91 on temporary basis, I do not agree that the application to set aside the receiving order was one made under the provisions if not Civil…
…Procedure Act and Rules.…
Division and case type: CivilCivil Appeal
…The power to award interest generally is given to the Court by section 26(1) of the Civil Procedure Act (cap 21) which reads: “26(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree…
Division and case type: CivilCivil Appeal
…The application was brought under section 27 and 28 of the Limitation of Actions Act (chapter 22 Laws of Kenya) (the Act) and also under section 3A of the Civil Procedure Act.…
…While it is trite law that the superior court has unlimited inherent jurisdiction under section 3A of the Civil Procedure Act, it is also trite law that such inherent jurisdiction should only be invoked where there exist…
Division and case type: CivilMiscellaneous Application
…Under s 9 (1) (b) of the Act the Rules Committee set up under s 81 of the Civil Procedure Act is empowered to make rules of court requiring (inter alia) except in such cases as may be specified in the rules that leave shall…
Division and case type: CivilCivil Appeal
…Subsequent to the respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(…
Division and case type: Milimani Commercial CourtsElection Petition
…However, Civil Procedure Rules are made by the Rules Committee established under section 81 of the Civil procedure Act Cap 21 Laws of Kenya to provide for any matters relating to the procedure of Civil courts. they are subsidiary…
Division and case type: CivilCivil Appeal
…This was not a case stated procedure at all, but a straightforward appeal from the magistrate under the Civil Procedure Act.…
Division and case type: CivilCivil Case
…There is no guidance on this matter from the Civil Procedure Act and the Rules. There is a helpful passage cited to me in civil Appeal No 81 of 1984 Flora N Wasike vs Destino Wamboko) where at page 87, Hancox, J.A.…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…I am inclined to the view held by Justice Emukule by virtue of the provisions of Section 26 of the Civil Procedure Act regarding interest.…
Division and case type: CivilCivil Appeal
…time the plaint was filed the plaintiff filed a Chamber Summons under "Order XXVI rules (sic) 5 Civil Procedure Rules as amended (sic) and Order XXXIX rules 1, 2 & 3 Civil Procedure Rules as amended (sic) and section 3A Civil…
…Procedure Act Laws of Kenya."…
Division and case type: CivilCivil Appeal
…court will set out the appropriate orders and rules shortly so that the plaintiff can be aware of the wrongful submissions being put forward based on misinterpretation of the very clear orders and rules to be forced in the Civil…
…Procedure Act at the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…court will set out the appropriate orders and rules shortly so that the plaintiff can be aware of the wrongful submissions being put forward based on misinterpretation of the very clear orders and rules to be forced in the Civil…
…Procedure Act at the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…The application was expressed to be brought under 0.1XB rule 8 of the Civil Procedure Rules and S.3A of the Civil Procedure Act, (Cap 21 Laws of Kenya).…
Division and case type: Milimani Commercial CourtsCivil Case
…Amendment) Act (Act No. 6, 2009), Order XXXIX Rules 1, 2, 3 and 9, Order V Rule 17 (1) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff has come under section 3A of the Civil Procedure Act Order 24 rule 1 and Order 50 rule seeking orders that the plaintiff be permitted to reinstate the withdrawal suit and the orders discontinuing the same be…