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…This ruling is in respect to the Claimant’s Application dated 13th February, 2024 which was brought under sections 12 and 13 of the Employment and Labour Relations Court Act, sections 38(d) and 40 of the Civil Procedure Act…

…The committal of judgment debtor to civil jail is provided for under section 38 of the Civil Procedure Act where dishonesty is proved.…

…The tragedy of it is that it relies on the stipulations of Section 15[1] of the Civil Procedure Act, which are radically different from those of the Rule. 6 Essentially, the application does not recognise that the Rules of…

…this Court have been drafted and implemented under the authority of the Employment and Labour Relations Court, a subsequent Act of Parliament relative to the Civil Procedure Act. 7 In the upshot, I find this application…

………………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act.…

…Section 15 of the Civil Procedure Act limits the court’s territorial jurisdiction in regard to where civil suits can be filed by plaintiffs against defendants.…

…Procedure Act.…

…Section 79 G of the Civil Procedure Act is a substantive Provision dealing with time for filing appeals from subordinate court.…

…The Trial Magistrate Court held that section 15 of the Civil Procedure Act was applicable allowing the Preliminary Objection.…

…Procedure Act to uphold a preliminary objection. 29 In effect, the inference that can be drawn from the above cases is that courts have not shied away from applying relevant provisions of the Civil Procedure Act and rules…

…This ruling relates to the Respondent’s Preliminary Objection dated 22nd February, 2023, seeking the striking out of the Claimant’s suit on the grounds that it is barred by operations of Section 6 of the Civil Procedure Act…

…, or in the alternative, that the suit has been filed in contravention of Section 7 of the Civil Procedure Act. 2.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…........................................PLAINTIFF VERSUS KAMSONS LIMITED.....................................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil…

…Procedure Act for an order that the rate of interest awarded in the judgment for the sum of Kshs 65,000/- be compounded.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…In further support of interest being charged per annum the Appellant urges the court to be guided by Section 26(2) of the Civil Procedure Act.…

…Additionally, the Appellant contends that the error in the decree was arithmetic hence susceptible to review under the Civil Procedure Act and Rules. 21.…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…

…In the affidavit, the Respondent’s advocate deponed that although the Court did not award costs, interest on the decretal sum was payable on the strength of section 26 of the Civil Procedure Act and that he was praying for…

…Procedure Act and decree the payment of interest at 12% per annum.…

….…………..DEFENDANT RULING The defendant herein Kimunye Investments Ltd, moved the court under Section 3A of the Civil Procedure Act (Cap 21) asking for orders that:- “The sale of motor-vehicle Reg No KTJ 996, in August 1986…

…In the circumstances therefore I decline to exercise my discretion under Section 3A Civil procedure Act (Cap 21) to set aside sale as I was requested. The result is that I dismiss application with costs.…

…The Applicant filed application dated 2nd June, 2023 brought under Section 79G of the Civil Procedure Act and Section 12(3) of the Employment and Labour Relations Court.…

…The Respondent averred that under section 79G of the Civil Procedure Act the Applicant ought to have filed the Appeal within 30 days after delivery of judgment.…

…The respondent, Sucham Investment Limited t/an Amani Tiwi Beach Resort, filed an application dated 1 August 2024 under sections 1A, 1B, 3A and 63(e) and Order 40 and 51 of the Civil Procedure Act and Rules and Section 16…

…The submissions that Section 94 of the Civil Procedure Act has been violated are not correct.…

…Under Section 94 of the Civil Procedure Act, leave to execute exclusive of costs should be obtained first.…