Case law
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Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Applicant/ Judgment Debtor vide Notice of Motion Application dated 8th day of April 2024 brought under Sections 1A and 1B of the Civil Procedure Act, Order 42 rule 6 of the Civil Procedure Rules, 2010 and under the inherent…
Division and case type: Employment and Labour Relations CourtPetitions
…Before Court is a Notice of Motion application dated 14th March, 2023, brought pursuant to Sections 3A and 100 of the Civil Procedure Act, Order 8 Rules 3 and 5, Order 51 Rule 1 of the Civil Procedure Rules, and Article 159…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…request for proceedings to file the instant application; the application offended the mandatory provisions of Rule 8(1) and (2) of the Employment and Labour Relations Court (Procedure) Rules, 2016 and section 79G of the Civil…
…Procedure Act. 4.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…With the other suit still pending, the claim herein violates the provisions of section 6 of the Civil Procedure Act.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Applicant vide Notice of Motion application dated 12th April 2023 and brought under sections 3A, 3B, 6 and 63 (e) of the Civil Procedure Act Cap 21; and Procedure Rules sought for the following Orders:- a. Spent b.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…RULING The ruling is on application by way of a Notice of Motion application by the 1st Respondent dated 28th February 2024 brought under the provisions of Section 80 of the Civil Procedure Act, Order 21, Rule 12, Order 22…
…, Rule 51(2), Order 45 Rule 1, Order 51 Rule 1 of the Civil Procedure Rules, and Sections 3A and 3B of the Civil Procedure Act, seeking the orders:- Spent.…
Division and case type: Appeals DivisionAppeals
…The Appellant filed application dated 16th October, 2023 which is brought under Order 42 Rule 6 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…It is brought under the provisions of Section 80 of the Civil Procedure Act, Order 45 Rules 1,2 and 3 of the Civil Procedure (Amendment Rules.) 2020, seeking for the following orders: i.…
Division and case type: Appeals DivisionAppeals
…The Appellant/Applicant brought an Application by way of Notice of Motion dated 5th November, 2024 brought under Sections 1A and 3A of the Civil Procedure Act 2010, Orders 42 Rule 6, Order 51 Rule 1 of the Civil Procedure…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The ruling herein, relates to a Chamber Summons application dated 15th May, 2023, brought pursuant to Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act and Paragraph 11 (2) of the Advocates Remuneration (Amendment…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…20th December 2023 by the 2nd Respondent) The ruling is on application by way of a Notice of Motion application by the 2nd Respondent dated 20th December 2023 brought under the provisions of Sections 3A and 63(e) of the Civil…
…Procedure Act, Section 16 of the Employment and Labour Relations Court Act, No. 18 of 2014, Rule 33, Employment and Labour Relations Court (Procedure)Rules, 2016, Order 45 Rule 1, and Order 51 Rule 1 of the Civil Procedure…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Objector/Applicant filed application and Notice of Objection both dated 3rd November, 2023 brought under Sections 1,3,3A and 44 of the Civil Procedure Act and Order 40 Rule 1, Order 22 Rule 51 and Order 51 Rule1 of the…
…The Applicant averred that section 44 of the Civil Procedure Act provides for property liable to attachment and sale in execution of a decree and the Objector’s property does not meet that criteria as it was not property…
Division and case type: Appeals DivisionAppeals
…The appellant relied on the provisions of section 80 of the Civil Procedure Act which gives the court unfettered powers of review and Order 45 Rule 1 of the Civil Procedure Rules.…
…it was held that:- “any other sufficient reason need not be analogous with the other grounds set out in the rule because such a restriction would be a clog on the unfettered right given to the court by Section 80 for the Civil…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Applicant filed application dated 15th August, 2023 brought under Section 3A and 75G of the Civil Procedure Act and Order 42 and Order 51 of the civil Procedure Rules 2010.…
…Section 79G of the Civil Procedure Act is the operative part in answering the question whether the prayer to enlarge time to file the appeal is merited which provides that the appeal ought to be filed within 30 days.…
Division and case type: Employment and Labour Relations CourtPetitions
…The petitioner filed an application dated 19 May 2025 under the provisions of Section 5 of the Judicature Act, Section 3A of the Civil Procedure Act, Article 169(1)(d) of the Constitution, Rule 39 of the High Court (Organization…
Division and case type: Employment and Labour Relations CourtAppeals
…The appellant filed an application dated 20 January 2025 under the provisions of Article 159 of the constitution, sections 3, 3A and 95 of the Civil Procedure Act and Section 12(3) of the Employment and Labour Relations Court…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The motion is brought pursuant to Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, 2010. The Applicant/Respondents seek the following orders: i. Spent ii.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The ruling herein relates to a Chamber Summons application dated 9th October, 2023, brought pursuant to Sections 1A, 1B and 3A of the Civil Procedure Act, and Rule 11 (2) of the Advocates Remuneration (Amendment) Order.…
Division and case type: Appeals DivisionAppeals
…The Appellant filed application dated 22nd May, 2024 brought under Order 42, Rules 1 of the Civil Procedure Rules and Sections 1A, 1B,3A and 68(e) of the Civil Procedure Act. 2.…
…Section 79G of the Civil Procedure Act is the guiding law in answering the question whether the prayer to enlarge time to file the appeal is merited which provides that the appeal ought to be filed within 30 days.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Before Court is the Respondent/Applicant’s Motion application dated 21st May, 2024, brought pursuant to Sections 1A and 1B of the Civil Procedure Act and Order 42 Rule 6 & 7 of the Civil Procedure Rules.…