“"civil procedure"” — court decisions

Judgment[1995] KECA 15319 July 1995

Car & General (K) Limited v Diamond Trust of Kenya Limited

Court of Appeal at MombasaWambilyangah,JUDGE APPEALCase number Civil Appeal 159 of 1994

Division and case type: CivilCivil Appeal

…The appellant filed a defence but the respondent immediately moved the High Court under order 6 rule 13 of the Civil Procedure (Revised) Rules for that defence to be struck out on the grounds that it disclosed no reasonable…

appeal failsDismissed4 min read

Judgment[1995] KECA 15919 January 1995

Arthur K. Magugu & another v Gitutho Associates & 3 others

Court of Appeal at MombasaWambilyangah,JUDGE APPEAL,AccordinglyCase number Civil Application 251 of 1994

Division and case type: CivilCase number Civil Application

…That defence naturally triggered off an application for summary judgment by the respondents under order 35 rule 1 of the Civil Procedure Rules.…

application is allowedAllowed5 min read

Judgment[1990] KECA 568 January 1990

Jiwa v Jiwa & another

Court of Appeal at MombasaJudge July,JUDGE APPEALCase number Civil Appeal 59 of 1986

Division and case type: CivilCivil Appeal

…The decision was given on a chamber summons taken out by the defendants under Order 6 rule 13 of the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against…

8 min read

Judgment[1992] KECA 3315 March 1992

Farrah v Kenya Ports Authority

Court of Appeal at MombasaGACHUHI,Hemant Patel,Jiwaji,Adego,AdogoCase number Civil Appeal 138 of 1991

Division and case type: CivilCivil Appeal

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

10 min read

Judgment[1986] KECA 6620 October 1986

Abdalla Hussein Kilo v Kombo Kassim Omar & another

Court of Appeal at MombasaJUDGE APPEALCase number Civil Appeal 49 of 1984

Division and case type: CivilCivil Appeal

…There is no such thing as “formal proof” in the Civil Procedure Rules at present. It is an anachronism lingering on from a previous set of rules, and should not be used, as it tends to blur the issues before the court.…

13 min read

Judgment[1987] KECA 8429 April 1987

Aloyce Mariera v Kenya Bus Ser v ices (Msa) Ltd

Court of Appeal at MombasaJUDGE APPEALCase number Civil Appeal 92 of 1986

Division and case type: CivilCivil Appeal

…Order VI Rule 3(1) of the Civil Procedure Rules requires this. Rule 3(2) of those Rules requires the substance of a document to be set out if relied upon. (See also Order VII Rule 6 of the Rules ).…

17 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…Civil Practice and Procedure - injunctions - ex-parte injunctions - duty of applicants to make full and frank disclosure of material facts – what was the consequence of non-disclosure of facts.…