Case law
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Division and case type: CivilCivil Case
…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…
Division and case type: CriminalMiscellaneous Application
…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…The Chamber Summons is stated to be brought under order 9A rules 10 and 11, order 9B rules 1 and 8, order 21 rule 22 of the Civil Procedure Rules and under section 3A of the Civil Procedure Act.…
…These matters which the defendants ask me to do are all provided for in various sections of the Civil Procedure Rules and accordingly there is really no reason for my doing anything under section 3A of the Civil Procedure…
Division and case type: CivilCivil Appeal
…On the issue of interest, under section 26 of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) the court has discretion to award interest but such discretion is to be exercised judiciously bearing in mind established…
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 ...”…
…Under section 2 of the Civil Procedure Act, “suit” means all civil proceedings commenced in any manner prescribed.…
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 Suit
…That emerges clearly from the definition of “pleading” in S. 2 of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…(Section 6 of the Civil Procedure Act refers).…
Division and case type: CivilCivil Case
…Machio for two Judges to hear the Review application.Section 79 (C) of the Civil Procedure Act Cap. 21 gives me power to appoint twoor more Judges to hear an appeal from a subordinate court where, in anyparticular case, I…
Division and case type: CivilCivil Case
…The means provided by these statutes is a special action on the case which means nowadays in Kenya an action brought by plaint under the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…Machio for two Judges to hear the Review application.Section 79 (C) of the Civil Procedure Act Cap. 21 gives me power to appoint twoor more Judges to hear an appeal from a subordinate court where, in anyparticular case, I…
Division and case type: CivilCivil Case
…The application was expressed to be brought under Order XXIII rules 5 and 3(1) and (2) Civil Procedure Rules, and section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…This could be brought within the provisions of section 72(1)(a) of the Civil Procedure Act (Cap 21) and it is not caught by the terms of section 79E of the same Act.…
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: 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…