Search court decisions

…Procedure Rules - whether provisions of the Civil Procedure Rules on enlargement of time could override or be applied to extend a statutory limitation period set under the Law Reform Act - Law Reform Act (cap. 26) section…

…Whether the court had jurisdiction to enlarge time for ling an application for leave to apply for certiorari beyond the statutory period under the Civil Procedure Rules. iii.…

…It is normally the duty of the High Court under section 79C of the Civil Procedure Act to hear the parties, allowing the appellant to exercise his constitutional right of appeal.…

…The problem then is one of construing the words of section 79B of the Civil Procedure Act and especially the words ‘No sufficient ground.’…

…The Chamber Summons is stated to be brought under order 9A rules 10 and 11, order 9B rules 1 and 8, order 21 rule 22 of the Civil Procedure Rules and under section 3A of the Civil Procedure Act.…

…These matters which the defendants ask me to do are all provided for in various sections of the Civil Procedure Rules and accordingly there is really no reason for my doing anything under section 3A of the Civil Procedure…

…Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43 of the Civil Procedure Rules or where the appeal does not lie at all; or where…

…Procedure Act. 10.…

…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…

…I must confess, I am not quite sure whether the word “otherwise” in order 12 rule 6 of the Civil Procedure Rules includes a document signed, even if it is an admission, by a party other than a party to the suit.…

…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…

…Procedure Rules.…

…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…

…However, if this was the only problem, this court can rewrite the judgment (See Section 78 of the Civil Procedure Act).…

…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…

…In this regard, the main concern of the Court is to do justice to the parties and it will not impose conditions on itself to fetter the wide discretion which the Civil Procedure Rules gives to it.…

…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…

…Mr Wasuna who also argued the application before the judge pointed out that they could not have filed a supporting affidavit because that was not allowed by order VI rule 13(2) of the Civil Procedure Rules.…

…An appeal will be dismissed pursuant to Order 42 rule 35(1)(2) of the Civil Procedure Rules in two situations.…

…court a discretion to set aside the judgment upon such terms as may be just, but in a case like this where the obtaining of the judgment was irregular and not in accordance with the law and practice as laid down in our Civil…

…Procedure Rules, the appellant is clearly entitled as of right to have the judgment set aside without any conditions being imposed.…

…court a discretion to set aside the judgment upon such terms as may be just, but in a case like this where the obtaining of the judgment was irregular and not in accordance with the law and practice as laid down in our Civil…

…Procedure Rules, the appellant is clearly entitled as of right to have the judgment set aside without any conditions being imposed.…

…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’…

…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…

…On 15th August, 2001 the Plaintiff made an application under Section 3A of the Civil Procedure Act that the District Surveyors Laikipia and Nakuru Districts do visit L.R. NO.…

…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…

…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…

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

…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.…

…The plaintiffs then filed an application vide order 6 rule 13(l) a,b,c and d and order 35 rule 1(a) and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act seeking orders that this honourable court be…

…This prompted the defendants’ to come to this court by way of certificate of urgency under section 3 and 3A of the Civil Procedure Act, order 44 rule 1, order 21 rule 22 of the Civil Procedure Rules seeking orders that service…