Case law
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Division and case type: CivilCivil Suit
…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…
Division and case type: CivilCivil Appeal
…Order III rule 6 of Civil Procedure Rules clearly stipulates that an advocate on record, until properly removed or changed, is considered the advocate of the party until final conclusion of the cause or matter, including…
Division and case type: CivilCivil Case
…defendant’s own affidavit as adumberated above, this is a case where the defendant is grossly guilty of abusing the process of Court, the defence is one which is absolutely vexatious and must be struck out under the Civil Procedure…
…Rules order VI rule 6.…
Division and case type: Constitutional and Human RightsElection Petition
…Or indeed whether the Act permitted service of a petition by advertisement in a newspaper as if the election petition was a plaint governed by the Civil Procedure Act and Rules.…
…Rules and any other statutes should not be applied when computing time..........”…
Division and case type: Milimani Commercial CourtsUnclassified
…Misiramo & Another, stated as follows in regard to an application for transfer filed pursuant to Section 18 of the Civil Procedure Rules: “… the sole issue for determination here is whether this court has jurisdiction to…
Division and case type: CriminalCriminal Appeal
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
Division and case type: Milimani Commercial CourtsCivil Case
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
Division and case type: CivilCivil Appeal
…There was no reply filed to this defence with the result that the allegations of negligence made against the appellant by the respondent in her defence were deemed to have been admitted under order 6 rule 9(1) of the Civil Procedure…
…Rules.…
Division and case type: Employment and Labour RelationsCase number Cause
…The application is brought under order VI rule 8(2) of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…That the judgment of the trial court does not comply with the provisions of order 20 Rule 4 of the Civil Procedure Rules as the Learned Magistrate failed to identify the issues for determination and also failed to give reasons…
Division and case type: CivilCase number Civil Application
…Here in Kenya we do not have such an order and rule in our legislation and we respectfully draw the attention of the rules committee to the English ones for introduction, if it thinks fit, into the Civil Procedure Rules.…
Division and case type: CivilCivil Suit
…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 order XXIII rules 5 and 10 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 order XXIII rules 5 and 10 Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate from his powers as attorney be it for the signing of a divorce petition under the Civil Procedure Rules or an election petition…
…Rules but from the authority conferred by the donor of the power, adding that any separate or other authority derived under the Civil Procedure Rules to sign documents on behalf of his client did nothing to derogate from…
Division and case type: CivilCivil Appeal
…That statement was made against the background of the rules of procedure as they were at that time (emphasis mine).…
…Since then, the new Civil Procedure Rules 1998, S1 1998/3132, have been introduced which represent a new way of conducting litigation.…
Division and case type: CivilCivil Appeal
…In answer to this I would say that order XXXIX rule 3 of the Civil Procedure Rules forbids the granting of an ex parte order of injunction without the other party being served with an application.…
…In contravention of Order VI of the Civil Procedure Rules no proper particulars were given of the fraud or negligence alleged.…
Division and case type: CivilCivil Appeal
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
…He protested that order 5 rule 12 of the Civil Procedure Rules made service conditional on the process server really ascertaining that the defendant could not be found, and secondly that the adult member of the defendant’…
Division and case type: GeneralUnclassified
…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…
Division and case type: Milimani Commercial CourtsCivil Case
…When this suit came up for hearing on 21st April, 2010, counsel for the plaintiff applied to withdraw the plaintiff’s suit under the provisions of order 24 Rule 1 of the Civil Procedure Rules.…
Division and case type: CivilCivil Case
…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…