Case law
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Division and case type: CivilCase number Civil Application
…Here in Kenya we do not have such an order and rule in our legislation and we respectfully draw the attention of the rules committee to the English ones for introduction, if it thinks fit, into the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
…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 from…
Division and case type: CivilCivil Appeal
…That statement was made against the background of the rules of procedure as they were at that time (emphasis mine).…
…Since then, the new Civil Procedure Rules 1998, S1 1998/3132, have been introduced which represent a new way of conducting litigation.…
Division and case type: CivilCivil Appeal
…In answer to this I would say that order XXXIX rule 3 of the Civil Procedure Rules forbids the granting of an ex parte order of injunction without the other party being served with an application.…
…In contravention of Order VI of the Civil Procedure Rules no proper particulars were given of the fraud or negligence alleged.…
Division and case type: GeneralUnclassified
…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…
Division and case type: Milimani Commercial CourtsCivil Case
…When this suit came up for hearing on 21st April, 2010, counsel for the plaintiff applied to withdraw the plaintiff’s suit under the provisions of order 24 Rule 1 of the Civil Procedure Rules.…
Division and case type: Constitutional and Human RightsPetition
…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.…
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT R U L I N G This is an application for an interlocutory injunction brought under Order XXXIX Rule 2 of the Civil Procedure Rules and all the enabling provisions of the law.…
Division and case type: CivilCivil Appeal
…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…
…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…
Division and case type: CivilCivil Appeal
…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…
…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is said to have been brought under Order XLV Rule 14 of the Civil Procedure Rules, but as pointed out by Mr. Muguku, Counsel for the plaintiffs/respondents, the correct Rule should be 15.…
Division and case type: CivilCivil Appeal
…Rules.…
…Shabir was decided under the old order IX whereas this application is under the new order IXB rule 8 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…No.520 of 1997) JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure…
…Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead…
Division and case type: CivilCivil Suit
…The suit is not a representative suit since they did not make an application to make it a representative suit under the Civil Procedure Rules. 6.2: The second issue is whether the suit is defective on grounds of misjoinder…
Division and case type: CivilCivil Appeal
…judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order XXXVI rule 3B of the Civil Procedure…
…Rules.…
Division and case type: CivilCivil Appeal
…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…
Division and case type: CivilCivil Appeal
….........RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings made under order XXI of the Civil Procedure…
…Rules.…
Division and case type: CivilCivil Appeal
…We must first consider the applicable substantive civil procedure rule under which the originating summons was filed.…
…It was because of this, according to submissions that the plaintiff came to Court under Order XXXVI rule 1 of the Civil Procedure Rules, which states, inter alia 'and any person claiming to be interested in the relief sought…