Case law
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Division and case type: High Court CivilCivil Appeal
…This ruling determines the Notice of Motion application dated 6th October 2025 (“the present application”), brought by the Appellant/Applicant (“the Applicant”) under Order 45 Rule 1 of the Civil Procedure Rules, 2010, Sections…
…1A, 1B and 3A of the Civil Procedure Act, and Order 50 Rule 6 and Order 51 of the Civil Procedure Rules.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Wanjiru Mwangi for the plaintiff referred to the provisions of Order 9 Rule 2 of the Civil Procedure Rules, 2010, and submitted that the plaintiff has made out a case to warrant being granted the orders sought herein.…
…Rules, 2010. 12.…
Division and case type: High Court DivFamily Appeal
…The conditions which a party must establish in order for the court to order stay of execution are provided for under Order 42 Rule 6(2) Civil Procedure Rules . 14.…
…The court in exercising its powers under Order XLI Rule 4(2) (b) of the Civil Procedure Rules , can order security upon application by either party or on its own motion.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is argued that this omission resulted in a flawed exercise of discretion under Order 40 Rule 7 of the Civil Procedure Rules. 28.…
…Rules.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Before the court is the respondent’s Notice of Motion application dated 16th January 2024 filed inter alia pursuant to Order 1 rule 1, Order 2 rule 15(1)(b) & (d) of the Civil Procedure Rules, Section 4(b) of the Business…
…In the case of William Kiprono Towett & 1597 others v Farmland Aviation Ltd & 2 others 2016 eKLR, the Court of Appeal held: “Most critically Order 1 Rule 9 of the Civil Procedure Rules (2010) makes it abundantly clear that…
Division and case type: High Court CivilCivil Appeal
…Counsel for the Applicant Mr Kingoina had not that M/S had no complied with order 9 rule 9 of the civil procedure Rules by seeking leave to come on record in place M/S Nyamweya Mamboleo & co. who are on record for the Applicant…
…Also that order 42 Rule 6 of the Civil procedure Rules provide that once stay has been granted then the aggrieved party can only appeal . 4.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Rules.…
…Ms Arim, learned Counsel for the applicant, submitted that under Order 42 Rule 6 of the Civil Procedure Rules, the conditions therein must be satisfied.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The Applicant brought the Application for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1, 2 & 3 of the Civil Procedure Rules.…
…Rules where appropriate.…
Division and case type: High Court FamilyFamily Appeal
…Procedure and Practice) Rules, 2020.…
…She further urged that no leave had been sought as required under Order 43 Rule 1 (2) of the Civil Procedure Rules.…
Division and case type: High Court Civil Appellate DivisionSmall Claims Appeal Case
…The applications are principally brought under Sections 1A, 3A and 63(e) of the Civil Procedure Act and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules. 2.…
…Rules.…
Division and case type: High Court DivCivil Appeal
…I have considered the Appellant’s application dated 25/07/2025 brought under Order 50 Rule 1 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…Section 80 of the Civil Procedure Act, and Order 45 of the Civil Procedure Rules 2010. Section 80 of the Civil Procedure Act states as follows; “80.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Rules, 2010. 4.…
…He asserted that is what moved the defendant to file the instant application under Order 5 Rule 1(6) of the Civil Procedure Rules, 2010. 20. Mr.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Rules, 2010. 5.…
…Rules, 2010.…
Division and case type: High Court DivCivil Appeal
…Rules, sections 1A, 1B, 3A of Civil Procedure Act.…
…Rules.…
Division and case type: High Court CivilCivil Suit
…It quoted order 17 Rule (2) (3) of the Civil Procedure Rules. It maintains that Hon. Mabeya had already determined the issues raised by the plaintiff in his ruling dated 14th April 2022, as earlier stated. 10.…
…The power to dismiss a suit for want of prosecution is governed by Order 17 of the Civil Procedure Rules.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For determination is the Plaintiff’s notice of motion dated 22/11/2023 filed pursuant to Order 8 Rule 3(1) (2)(4)(5) and Order 51 Rule 1 of the Civil Procedure Rules. 2. The Plaintiff sought the following orders:- i.…
…The grounds of the application were that although Order 8 Rule 3 of the Civil Procedure Rules permits amendment of pleadings at any stage, the amendment sought by the Defendant is without merit.…
Division and case type: High Court DivFamily P&A Citation
…This is through either Section 74 of the Law of Succession Act to the extent provided in that provision, or through a review application through Order 44 of the Civil Procedure Rules.…
…Order 44 was formerly Order XLV, which is one of the provisions of the Civil Procedure Rules imported into succession practice through Rule 63 of the Probate and Administration Rules.…
Division and case type: High Court Commercial and TaxCommercial Matters
…He relied on the provisions of Section 100 of the Civil Procedure Act and Order 8 Rules 1, 3, 5 & 8 of the Civil Procedure Rules, 2010.…
…Whether non-compliance with the provisions of Order 8 Rule 7(2) of the Civil Procedure Rules, 2010 is fatal to the instant application. 18.…
Division and case type: High Court Commercial and TaxCommercial Matters
…This appeal was filed under the provisions of Order 49 Rule 7(2) of the Civil Procedure Rules. The 2nd defendant is the appellant herein.…
…Counsel for the 1st defendant referred to the provisions of Order 23 Rule 1(1) of the Civil Procedure Rules, 2010 and the case of Maurice M.…
Division and case type: MERU HIGH COURTCivil Appeal
…In doing so, the court relied on Order 50 rule 4 of the Civil Procedure Rules and excluded the period of the Christmas vacation, running from 21st December to 13th January, from the computation of time.…
…Rules. 18.…