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

…motion which is by the two Petitioners herein is brought under Articles 22,23,40,47,60(1), 62,162(2) (b) and 174 of the Constitution, Rules 19 and 23 of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure…

…Rules 2013, Section 3,13 (1,2,3 and 7) of the Environment and Land Court Act (Act No. 19 of 2011), Sections 2,3,4,5,6,7,11,13 and 14 of the Fair Administration Action Rules 2024 and all other enabling provisions of the law…

…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 ).…

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

…I take it that this was in accordance with order 46, rule 6 of the Civil Procedure Rules, the Senior Principal Magistrate acting as a High Court District Registrar and the matter being an interlocutory application.…

…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.…