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…Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…

…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…

…Rules.…

…Rules and dated 4th June, 1985.…

…That was a fact which we think was relevant in determining whether or not the appellant’s suit was a fit case for dismissal under 0.IXB rule 4(1) of the Civil Procedure Rules.…

…The application was expressed to be brought under 0.1XB rule 8 of the Civil Procedure Rules and S.3A of the Civil Procedure Act, (Cap 21 Laws of Kenya).…

…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…

…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…

…In this regard, the main concern of the Court is to do justice to the parties and it will not impose conditions on itself to fetter the wide discretion which the Civil Procedure Rules gives to it.…

…The application is expressed to be brought under order 6 rule 13 of the revoked Civil Procedure Rules which provides that at any stage of the proceedings, the court may order either to be struck out or amended any pleadings…

…This rule applied by dint of Order 6 rule 13(3) of the revoked Civil Procedure Rules to petitions and originating summons. The application has not specified on its heading which of the four grounds it is brought.…

….…………..RESPONDENTS RULING This application is brought by Chamber Summons under Order IXB rule 8 and O XXI rule 22 Civil Procedure Rules. The applicants are the defendants in the suit.…

…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…

…The provisions for are laid out in Order XXXIX of the Civil Procedure Rules. In my view that does not apply to applications under Law of Succession Act(Cap.160).…

…I have perused the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far…

…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.…

…It was dated 6th March 1996 and brought under 044 and S.3A Civil Procedure Rules and Civil Procedure Act respectively. The appellant prayed for orders that: 1.…

…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…

…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…

…Mr Wasuna who also argued the application before the judge pointed out that they could not have filed a supporting affidavit because that was not allowed by order VI rule 13(2) of the Civil Procedure Rules.…

…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 certiorari…

…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.…

…and; therefore, it would be an exercise in futility and prejudicial to the applicant if the respondent was given an extension for time to perfect his appeal in view of the provisions of Order 45 rule 17(2) of the Civil Procedure…

…Rules.…

…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…

…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…

…An appeal will be dismissed pursuant to Order 42 rule 35(1)(2) of the Civil Procedure Rules in two situations.…

…Order VII Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…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…