Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: Environment and LandLand Case
…Section 38 of the Civil Procedure Act which speaks to the actions of alleged disobedience equally empowers court to enforce the execution of decrees and orders.…
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.…
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.…
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…
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.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…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…
Division and case type: CivilCivil Case
…Section 3A of the Civil Procedure Act was also cited in the heading, as were the verbiage “provisions of the Constitution of Kenya, the Education Act and all enabling provisions of the law” – a superfluity from which a neat…
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…
Division and case type: CivilCivil Appeal
…shall lie from any judgement, order or decision of the High Court in the exercise of its admiralty jurisdiction within the same time in the same manner as an appeal from a decree of the High Court under part VII of the Civil…
…Procedure Act.” 5.…