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…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 ….”…

…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: see order XXIII rules 5 and 10 Civil Procedure Rules.…

…Procedure Rules.…

…Procedure Rules and dated 4th June, 1985.…

…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…

…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…

…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)(…

…Procedure Rules.…

…The foundation is section 68 of the Civil Procedure Act, but the decision of this Court’s predecessor in Baker v Rush, which analyses the meaning of a preliminary decree, is of importance, as having declared the law which…

…Procedure Act, ordered in addition, interest to be paid on the principal sum again at the rate of 14%.…

…Judgment should only have been given for this latter sum and any interest which the learned judge could award under section 26 of the Civil Procedure Act.…

…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.…

…barred and 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…

…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…

…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…

…The application is made vide order 1XB rule 8 of Civil Procedure Rules s 3A of the CPA is 11 and s 108 of the Bankruptcy Act.…

…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…

…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 ...”…

…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: See O XXIII rules 5 and 10 Civil Procedure Rules.”…

…Rule 1 (2) of Order 22 of the Civil Procedure Rules require at least seven days before the day of hearing the Garnishee order nisi shall be served on the Garnishee.…

…the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate from his powers as attorney be it for the signing of a divorce petition under the Civil Procedure Rules or an election petition…

…Procedure Rules but from the authority conferred by the donor of the power, adding that any separate or other authority derived under the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate…

…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…

…Or indeed whether the Act permitted service of a petition by advertisement in a newspaper as if the election petition was a plaint governed by the Civil Procedure Act and Rules.…

…In the case of David Mukaru Murathe v Samuel Macharia CA 171/98 Tunoi JA said: “Further since election petitions have elaborate procedures of their own relating to filing and serving election petitions the Civil Procedure…

…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…

…OBED OMARI MOGERE……………….2ND DEFENDANT RULING This is an application by the plaintiffs brought by way of Notice of Motion under Section 3A of the Civil Procedure Act for an order that the court do vary and/or set aside the…