“"civil procedure act"” — court decisions

Judgment[1998] KEHC 3425 March 1998

PETER NGANGA MUIRURI v CREDIT (K) LIMITED

Judgment[1991] KEHC 115 December 1991

PETER NGANGA MUIRURI v CREDIT (K) LIMITED

High Court at NairobiHayanga,Judge Hayanga,Wamalwa Learned Counsel,WamalwaCivil Case 3665 of 1991

Division and case type: CivilCivil Case

….…………………………………………… DEFENDANT RULING In an application filed in this court on 9th March, 1998, the applicant Peter Ng’ang’a Muiruri, under, Order LIII rule 6(a) Civil Procedure Rules and section 3 of the Civil Procedure Act…

16 min read

Judgment[1998] KEHC 4115 November 1998

In Re Estate of Gatuthu Njuguna (Deceased) [1998] KEHC 41 (KLR)

High Court at Nairobihe could distribute the net estate,Njoroge,Njore,Daniel Mutua Mutisya,Henry Gichuhi Waiyaki,Flora,Florah,Mohammed Abdulla,Mahesh Shah,James Macharia Njore,Macharia Njore,Alluwalia,Ahluwalia,Henry Gachuhi,Waiyuka,Daniel Mutua Mutysa,Samuel Kitaka,Njore Mr GitakaCivil Appeal 329 of 2018

Division and case type: FamilySuccession Cause

…under the Law of Succession Act and its rules and to order him sign any of the documents mentioned above is to make an order which is not supportable under the Law of Succession Act and is therefore null and void as the Civil…

…Procedure Act and its rules do not apply on this issue and cannot therefore come in to rescue the Applicant.…

application is dismissedDismissed19 min read

Judgment[2023] KEELC 2245721 December 2023

African Brotherhood Churh (Suing Through its Trustees Namely Timothy Nzyoki Ndambuki, Phillip Mutua Katiku & Richard Maingi Katiku) v Orbit Chemical Industries Limited &

Environment and Land Court at NairobiChepwogen,Maluki,However,Odhiambo,BakePetition E016 of 2023

Division and case type: Environment and LandPetition

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

Application dismissedDismissed21 min read

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…Section 72 Civil Procedure Act. If the High Court has upheld a resident magistrate on a question of whether or not he exercised his discretion judicially it is a question of law whether he was right or wrong to do so.…

application is dismissedDismissed28 min read

Judgment[1993] KEHC 16328 April 1993

Emmanuel Karisa Maitha v John D Yaa & another

High Court at NairobiCase number Election Petition 1 of 1993

Division and case type: Constitutional and Human RightsElection Petition

…Indeed we ought to point out as regards the Rules on service as set out under rule 14(1) (2) that it is complete in itself and there is no validity in looking at service under other enacted laws and Rules eg under the Civil…

…Procedure Act and Rules.…

petition is dismissedDismissed28 min read

Judgment[1986] KEHC 449 February 1986

Githunguri v Republic

High Court at NairobiNovemberCase number Criminal Application 271 of 1985

Division and case type: Milimani Commercial CourtsCriminal Case

…The foregoing orders made by the Acting Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to…

33 min read

Judgment[1985] KECA 4128 December 1985

Russell Co. Ltd v Commercial Bank of Africa Ltd & another

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 31 of 1985

Division and case type: CivilCivil Appeal

…Example 4 of Section 7 of the Civil Procedure Act provides for issues left out of consideration being prohibited from being ventilated later. The idea was no doubt that Civil Case No 2179 was caught by Civil Case 2016.…

case set asideDismissed32 min read

Judgment[1985] KEHC 610 July 1985

Githunguri v Republic

High Court at NairobiJune,Georgiadis,Lakha Mr,Shapi,Karugu Mr,Kamere Attorney,Chunga,Chunga Chief,GithunguriMiscellaneous Criminal Application 180 of 1985

Division and case type: Anti-CorruptionMiscellaneous Criminal Application

33 min read

Judgment[2002] KECA 4229 September 2002

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others

Court of Appeal at NairobiOle Keiwua,JUDGE APPEALCase number Civil Appeal 63 of 2001

Division and case type: CivilCivil Appeal

…It has been submitted that recourse can be had to the Civil Procedure Act and Rules to authorize any such joinder and for that submission reliance is placed on a passage in Atkin’s Encyclopaedia of Court Forms in Civil Proceedings…

Petition struck outDismissed76 min read