Case law
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Division and case type: CivilCivil Appeal
…That defence was filed on 10th May 1985, and on 13th May, 1985, counsel for the respondent took out a Notice of Motion under Order 35 rules 1 & 8 of the Civil Procedure Rules asking for summary judgment against the appellants…
Division and case type: Milimani Commercial CourtsCivil Case
…Amendment) Act (Act No. 6, 2009), Order XXXIX Rules 1, 2, 3 and 9, Order V Rule 17 (1) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…The history of the matter is as follows: On April 5, 1988, the applicants who were then students at the respondent college moved the High Court Nakuru by a notice of motion under order 53 rule 3 of the 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 O XXIII rules 5 and 10 Civil Procedure Rules.”…
Division and case type: CivilCase number Civil Application
…Under the provisions of Order XLV rule 17 (2) of the Civil Procedure Rules when the judgement has been entered in terms of the award there is no appeal from that judgment unless the judgment entered is in excess of or not…
Division and case type: CivilCivil Suit
…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…
Division and case type: CivilCivil Appeal
…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…
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…
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…
Division and case type: CivilCivil Appeal
…Unlike the applications founded under order 50 of the Civil Procedure Rules for prerogative orders of mandamus and certiorari , where a special procedure is provided for applications founded under section 27, 28 and 30 of…
Division and case type: CivilCivil Appeal
…appellant David Stephen Gatune as applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions Act and Order L(1) of the Civil Procedure…
…Rules and Section 63(e) of the Civil Procedure Act for an order that, he, the applicant be granted leave to file his case against the respondents, The Headmaster, Nairobi Technical High School and the Attorney-General and…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is brought pursuant to the provisions of Order 40 Rule 1 of the Civil Procedure Rules, 2010, and it seeks for the following prayers as stated on the face thereof: 1.…
Division and case type: Milimani Commercial CourtsCivil Case
…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…
Division and case type: CivilCivil Case
…He has now abandoned prayer (a) of the plaint for specific performance and by this notice of motion which he has filed under order XII rule 6 of the Civil Procedure Rules he is praying for interlocutory judgment in his favour…
Division and case type: CivilCivil Appeal
…This situation is reinforced by provision in order XXXVI rule 3C of the Civil Procedure rules which reads. "3C(1) An application under section 27 of the Limitation of Actions Act made before the Filing of a suit shall be…
Division and case type: CivilCivil Appeal
…In an application made by way of a Chamber Summons under order XXXIX rules 1, 2, and 3 of the Civil Procedure Rules and dated 26th October, 1992, the respondent sought orders from the superior court that: 1.…
…The respondent’s application was made under order XXXIX rules 1, 2 and 3 of the Civil Procedure Rules.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…