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…The Applicant brought an Application by way of Notice of Motion dated 25th September 2024 under Order 22 Rule 25; Order 42, Rule 6 of the Civil Procedure Rules; Sections 1A, 1B, 3A of the Civil Procedure Act and all other…

…The Respondent stated that the notice of change of advocates offended the provisions of Order 9 Rule 9 of the Civil Procedure Rules and ought to be struck off.…

…The Notice of Motion of Motion is expressed under Section 5 of the Judicature Act, Sections 3, 3A and 63 of the Civil Procedure Act, Rule 45 of the Employment and Labour Relations Court (Procedure) Rules and Article 159 of…

…Respondent’s submissions As to whether the claimant’s suit is res judicata, counsel for the respondent cited the provisions of the Civil Procedure Act and the sentiments of the Court in Kenya Commercial Bank Ltd V Benjoh…

…Procedure Rules under which the subject application is anchored.…

…Procedure Rules to wit; that substantial loss may result to the Appellants unless stay of execution orders are made by the court so as to engender/provoke the court’s jurisdiction in making the said orders. d) THAT for the…

…The Notice of Motion is expressed under Article 50 of the Constitution of Kenya, Order 51, Order 5 Rule (1), (6), (7) and (9) of the Civil Procedure Rules and Section 1(A) and 3(A) of the Civil Procedure Act and is based…

…Odhiambo submitted that the Petitioners counsel had confirmed that summons were not extracted as required by order 5 of the Civil Procedure Rules.…

…Procedure Act. 2.…

…The Claimant submits that enforcement of foreign judgment herein, can only be achieved under Section 9 of the Civil Procedure Act since there is no reciprocal agreement between Angola and Kenya.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…Before Court is the Appellant/Applicant’s Motion dated 11th April, 2023, brought pursuant to Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules and Article…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules, provides for stay of execution in the following words: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…The Respondent raised issues of the Claimant not exercising other options of execution under Section 38 of the Civil Procedure Act and Order 22 of the Civil Procedure Rules. 11.…

…The committal of judgment debtor to civil jail is provided for under section 38 of the Civil Procedure Act and the fact that the Respondent was served on 25th November, 2022 with the Notice to Show cause and he has not paid…

…The court is then invited to apply the component of satisfaction of the claim under Order 25 rule 5 of the Civil Procedure Rules (supra) in the instant suit. 15.…

…Procedure Rules.…

…The claimant filed an application dated 19 September 2024 under the provisions of 1A, 1B, 3A, 63(e), and 100 of the Civil Procedure Act (CPR Act), Order 40 and Order 51 rule 1 of the Civil Procedure Rules and seeking orders…

…The claimant has relied on Section 1A, 1B, 3A, 63(e ) and 100 of the Civil Procedure Act and Orders 40 and 51 Rule 1 of the Civil Procedure Rules.…

…The respondent, the County Government of Mombasa filed a Notice of Preliminary Objections dated 3 October 2024 on the grounds that; The instant suit offends the provisions of Section 7 of the Civil Procedure Rules.…

…The principles of res judicata are addressed under Section 7 of the Civil Procedure Act.…

…The interim application on the other hand falls under the provisions of Order 50 Rule 1 of the Civil Procedure Rule.…

…The joint verifying affidavit is meant to meet the requirements of order 7 rule 1(2) of the Civil Procedure Rules set out above.…

…The Respondents further argue that the Record of Appeal has to date not been filed contrary to the provision of Section 79B of the Civil Procedure Act. 6.…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules, provides for stay of execution in the following words: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…It is the Respondents’ submission that Order 42, Rule 13(4) of the Civil Procedure Rules, 2010 provides documents which the Court may dispense with, and that the provisions have made it mandatory that the Memorandum of Appeal…

…It is their submission that any omission offends the provisions of Order 42, Rule 13(4)(f) of the Civil Procedure Rules, 2010, and renders the appeal incompetent and fatally defective. 18.…

…Stay of execution is provided for in order 42 rule 6 as follows: Order 42 rule 6 of the Civil Procedure Rules states as follows: (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree…

…The Appellant is a public body fully funded by the Government and under Order 42 Rule 8 of the Civil Procedure Rules it is not required to deposit security.…

…The Notice of Motion was expressed under Order 42 Rule 6 of the Civil Procedure Rules and Section 1A, 1B and 3A of the Civil Procedure Act and is based on the grounds set out on its face and the Supporting Affidavit of Mr…

…Similarly, under Order 8 Rule 3(1) of the Civil Procedure Rules.…

…The appellant filed an application dated 11 July 2024 under the provisions of Order 42 Rule 6 of the Civil Procedure Rules and seeking orders that there be a stay of execution of the judgment in Mombasa CM ELRC E439 of 2021deliverdd…

…The appellant has not offered any security to warrant the stay of execution are required under Order 42 Rule 6 of the Civil Procedure Rules.…

…The appellant filed an application dated 23 August 2024 under the provisions of Orders 42 and 51 of the Civil Procedure Rules and seeking orders; That a stay of the entire judgment and decree of Hon.…

…The application should be dismissed with costs as the appellant has failed to address the mandatory provisions of Order 42 Rule 6 of the Civil Procedure Rules. Both parties attended and made oral submissions.…