Search court decisions

…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…

…Rules for the review of the ruling refusing to set aside the aforementioned judgment.…

…At the same 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…

…Rules (service of summons on Corporations) to provide for, in the first instance, personal service on relevant officer(s) of the Corporation.…

…Civil Procedure Rules, Order 6 Rule 13 3. Civil Procedure Rules, Order 35 rules 1 and 2 4. Registered Land Act, (Cap 300) section 30(f) 5. Land Title Acts Cap 282 6. Land Title Court Ordinance, Cap 143, 1926 7.…

…The Respondent, however, filled a Notice of Motion on February 15, 1982, seeking that the defence be struck out as disclosing no reasonable answer to the claim, under order 6 Rule 13 of the Civil Procedure Rules, and summary…

…Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…

…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…

…That was a fact which we think was relevant in determining whether or not the appellant’s suit was a fit case for dismissal under 0.IXB rule 4(1) of the Civil Procedure Rules.…

…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).…

…Rules.…

…Rules and dated 4th June, 1985.…

…The provisions for are laid out in Order XXXIX of the Civil Procedure Rules. In my view that does not apply to applications under Law of Succession Act(Cap.160).…

…I have perused the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far…

…The application has been brought under Orders 35 rule 1(a) and Order VI rule 13 (1) (b) and (d) of the Civil Procedure Rules and is supported by an affidavit sworn on June 12, 2000 by Lucy Wairimu Wamae, a director of the…

…that the plaint is not accompanied by a verifying affidavit as required under Order 17 and therefore, defective and that because the affidavit is defective and does not comply with requirements of Order 18 of the Civil Procedure…

…Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial Review application for certiorari…

…DEFENDANT R U L I N G This is a Notice of Motion brought under Order XLIV Rule 1 of the Civil Procedure Rules in which the applicant is seeking the following orders:- “1.…

…In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security…

…The defendants rely on in support of this objection the provisions in orders 45 rule 16, order 45 rule 17(a) and order 20 45 rule 17(2) of the Civil Procedure Rules.…

…The respondent complained to a Judge in his Chamber summons filed on 13th January 1988 under Order 35 rule 1(a) and Order IXA rule 8 of the Civil Procedure Rules that judgement be entered for Shs. 37,447/- as per ruling of…

…The respondent in taking steps to speed up the finalisation of the matter filed a Chamber summons under Order 35, of the Civil Procedure. This rule provides for obtaining judgement summarily.…

…DEFENDANT J U D G M E N T The application filed herein on 5th July, 1995 by originating summons pursuant to Order XXXVI rule 7 of the Civil Procedure Rules seeks determination of the following questions namely; (1)Whether…

…The applicant filed this claim under Order XXXVI of the Civil Procedure Rules to claim the suit land by way of adverse possession; but in the supporting affidavit he raised the issue of sale and/or purchase of the same, thus…

…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…

…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…

…By legal notice No 164 of 1992, the Rules Committee amended order 53 of the Civil Procedure Rules whereby their existing rules 1 & 2 of order 53 were deleted and new rules were inserted in their place.…

…If it were a limited time prescribed under the Civil Procedure Rules or by an order of the Court of by summary notice. I could have enlarged that period.…

…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…

…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…

…On 8th September, 1994 the respondent filed yet another application under Order 21, rule 30 and Order 39 rules (1) (2) and (3) of the Civil Procedure Rules as well as section 27 & 28 of Registered Land Act Cap 300.…

…On 14th February, 1995, once more another application was filed in this matter this time round by the respondent herein under the provisions of Order 46 rule 8 (2) and 19 of the Civil Procedure Rules seeking orders inter…