Search court decisions

…The appellant’s grounds for challenging the decision of the High Court, in brief outline, are that the judge erred in law in not appreciating that Order 5 rule 12 of the Civil Procedure Rules (the Rules) allows for service…

…On this evidence the learned Senior Resident Magistrate ruled that the summons had been properly served under Order V Rule 12 of the Civil Procedure Rules and dismissed the application.…

…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.’…

…It would appear to us that the superior court did not comply with section 79 B of the Civil Procedure Act relating to summary rejection of appeals to that court and rule 8B (1) of Order XLI of the Civil Procedure Rules.…

…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.…

…This was on August 5, 1982 and on September 17, the same year the learned judge heard Gathigia’s application by Chamber Summons dated August 20, 1982 asking him to set aside that award under Section 3A of the Civil Procedure…

…Act and Order XLV rule 15 of the Civil Procedure Rules.…

…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.…

…There is no point of law raised within the meaning of Section 72 of the Civil Procedure Act (Cap 21).…

…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…

…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…

…1990, and; therefore, it would be an exercise in futility and prejudicial to the applicant if the respondent was given an extension for time to perfect his appeal in view of the provisions of Order 45 rule 17(2) of the Civil…

…Procedure Rules.…

…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’…

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

…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.…

…It also, in my opinion, accords with section 27(1) of the Civil Procedure Act and its proviso: which it is evident from the concluding part of his judgment the learned judge in this case had very much in mind.…

…Under the proviso to section 27(1) of the Civil Procedure Act, the court should, therefore award costs to the defendant. But I do not think I am prepared to do this.…

…The magistrate could if he deemed it proper invoke Order 1 r II of the Civil procedure Rules and authorize Javan Bulemi to conduct the suit. That is the correct step which should have been taken.…

…Section 7 of the Civil Procedure Act (cap 21) deals with res-judicata. It bars suits which have already been decided by competent courts to be reinsituted. PARA 2-0.…

…The appellants being the sons of Ayub Wasike who was involved in the same land dispute with Ainea Fita, who was the defendant in the fresh High Court suit, are all parties within the meaning of section 7 of the Civil Procedure…