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…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…

…respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure…

…PLAINTIFF VERSUS DESANUO & 13 OTHERS……………………………………DEFENDANT RULING The plaintiff The Da Gama Rose Group of Companies Limited, has made an application by way of Chamber Summons under order XXXIX rules 2 and 3 of the Civil Procedure…

…Rules for a temporary injunction to be issued restraining the defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known…

…The courts jurisdiction has not been properly invoked as order 5 [1] Rule 7 of the Civil Procedure Rules is applicable only where summons expire before they are served upon the defendant. 2.…

…Court clerk – Sango R U L I N G Coming under O.9B r. 8 Civil Procedure Rules and S. 3A Civil Procedure Act the now 2nd respondent, one Uwe Meixner, had this main prayer laid before court on 6.6.04: 1.…

….….DEFENDANT RULING The defendant has brought this application under section 6(1) of the Arbitration Act and order 50 rule 1 of the Civil Procedure Rules for an order of this court to stay the proceedings in the suit.…

…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…

…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…I could not find a certificate of costs in the file as provided by order XX rule 8() of the Civil Procedure Rules.…

…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…

…relation of rules of practice to the administration of justice is intended to be that of a handmaid rather than a mistress and that the court should not be so far bound and tied by the rules, which are intended as general rules…

…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…

…relation of rules of practice to the administration of justice is intended to be that of a handmaid rather than a mistress and that the court should not be so far bound and tied by the rules, which are intended as general rules…

…vs Kiromo [1969] EA page 172 that as the process server made no inquiry about the defendant’s whereabouts it could not be said that he could not be found so as to allow service on his wife under order 5 rule 12 of Civil Procedure…

…Rules.…

…This is further supported by the mandatory provision of Order VII rule 4(1) of the Civil Procedure Rules Cap 21 which stipulates that where a defendant is sued in a representative capacity the plaint shall state the capacity…

…Having noted that the first suit was not instituted by Jeremiah Kamau Gitau, Mary Wanjiku Mungai and Philisila Njeri Mungai and having found that they were not sued in representative capacities as envisaged in the Civil Procedure…

…Instead of going to trial, the respondent filed a motion on notice under order XXXV, rule 1 of the Civil Procedure Rules (which Mr Omesh Kapila still calls incorrectly the Civil Procedure (Revised) Rules) in which he asked…

…The respondent Messrs Agriquip Agencies (EA) Ltd applied to the High Court for summary judgment under order XXXV rule 1 of the Civil Procedure Rules.…

…This appeal arose from the appellant’s plaint having been struck out and dismissed on application by respondent under order VI rule 13 of the Civil Procedure Rules on grounds that: (a) It disclosed no reasonable cause of…

…Founding himself upon order VI rule 13 of the Civil Procedure Rules, he asked Aluoch, J to strike out Mr Kairiuki’s plaint because it disclosed no reasonabale cause of action, was frivolous and vexatious and was an abuse…

…Simultaneously with this plaint, the respondent applied for a temporary injunction under Order 39 rr 1,2 and 3 of the Civil Procedure Rules.…

…Meanwhile, on 20th June, 1994 the appellant made an application under Order 39 rule 4 of the Civil Procedure Rules seeking the discharge of the ex parte order made on 19th June, 1994.…

…Since the defendant has already filed his defence, parties are directed to comply fully with Order 11 of the Civil Procedure Rules and take a date for pretrial within 90 days from the date hereof. Orders accordingly.…