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…He denied that a Plaintiff could elect where to file the suit under section 15 of the Civil Procedure Act.…

…Procedure Act, the Children Court was bound by the Civil Procedure Act.…

…Procedure Act.…

…Instead, the court finds that an award of interest at court rates is reasonable and consistent with the discretion conferred by Section 26 of the Civil Procedure Act. 15.…

…Section 15 of the Civil Procedure Act deals with the place of suing and is primarily concerned with convenience and venue.…

…Further, territorial jurisdiction under section 15 of the Civil Procedure Act is distinguishable from substantive jurisdiction.…

…Before the court is the plaintiff/applicant’s Notice of Motion dated 30 September 2025, brought under sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 51 Rule 1 of the Civil Procedure Rules, 2010.…

…The court’s power to refer a dispute to mediation with the consent of the parties is anchored in sections 59B and 59C of the Civil Procedure Act, and in Order 46 of the Civil Procedure Rules, 2010, which together provide…

…Submissions The Applicant submitted that this is was a proper Application for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules since there was an error Apparent on the face of the…

…It is noted that the Application is filed under the provisions of Sections 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules.…

…Ndombi verily believes to be true, the advice from his counsel, that section 15 of the Civil Procedure Act provides that suits should be instituted within the locality of the respondents’ principal offices.…

…The 3rd respondent has further urged, Section 6 of the Civil Procedure Act cap. 21, entrenches this principal in law.…

…Before the court is the plaintiff/applicant’s Notice of Motion dated 30 September 2025, brought under sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 51 Rule 1 of the Civil Procedure Rules, 2010.…

…The court’s power to refer a dispute to mediation with the consent of the parties is anchored in sections 59B and 59C of the Civil Procedure Act, and in Order 46 of the Civil Procedure Rules, 2010, which together provide…

…Issuance of such orders, he contended, was in accordance with the mandatory provision of section 38 of the Civil Procedure Act, 2010 and did not amount to a violation of the applicant’s freedom and or rights. 5.…

…I note that execution by way of committal to a civil jail is permissible under Section 38 of the Civil Procedure Act.…

…The basis of the objection is that the appeal was filed outside the time allowed for filing an appeal by Section 79G of the Civil Procedure Act and that the impugned motion was filed without instructions of the 1st appellant…

…The instant appeal, therefore, offends section 79G of the Civil Procedure Act and is, for that reason, struck out. 9.…

…The application is expressed to be brought under Sections 1A, 1B and 3 and 3A and 95 of the Civil Procedure Act, cap. 21; and Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules.…

…Considering the form an appeal from the magistrates’ court to this court takes, none of these documents is necessary for the filing of an appeal contemplated under section 79G of the Civil Procedure Act.…

…Regarding the merits of the case, counsel for the plaintiff/applicant submitted that this court had jurisdiction under Section 34 of the Civil Procedure Act to intervene after the entry of judgment to answer all questions…

…He further submitted that nothing in section 34 of the Civil Procedure Act permits the taking of such evidence to improve an otherwise deficient judgment. 17.…

…Counsel Submitted that Section 18 of the Civil Procedure Act empowers the High Court to transfer suits from one subordinate court to another.…

…Section 18 of the Civil Procedure Act CAP 21 Laws of Kenya gives this court power to transfer suit instituted in the subordinate court. It provides:- a.…

…Procedure Act.…

…On the other hand, section 63(e) of the Civil Procedure Act provides that the Court may issue any order(s) to prevent the ends of justice from being defeated. 12.…

…Counsel relied on Article 50, Article 159(2)(d) of the Constitution, Section 79G of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules and submitted that the applicant must satisfy the court that she…

…Counsel submitted on one issue, namely, whether the applicant has demonstrated sufficient cause to warrant the exercise of this honourable court’s discretion under section 79G of the Civil Procedure Act. 11.…

…The honourable court lacks jurisdiction to entertain the motion by virtue of the doctrine set out in sections 6 and 7 of the Civil Procedure Act; b. The motion as drawn is an abuse of the process of the court; and c.…

…Section 6 of the Civil Procedure Act states that:- “No court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit…

…Procedure Act and Order 43 rule 1 and 2 of the Civil Procedure Rules.…

…Whenever such a question as has been presented here arises, the first stop is, of course, section 27 (1) of the Civil Procedure Act, cap. 21; this provision reads as follows: - 27.…

…Procedure Act . 8.…

…The jurisdiction of this Court to grant interlocutory injunctions is donated by Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 40 Rule 1 of the Civil Procedure Rules .…

…The Respondent filed a Notice of Motion application dated 1st July 2025 under Section 79G of the Civil Procedure Act, Order 42 Rule 1 and Order 42 Rule 32 of the Civil Procedure Rules. 2.…

…Procedure Act.…

…' By a Notice of Motion dated 7th November 2025 brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 of the Civil Procedure Rules, 2020, the appellant seeks the following orders: a…

…Section 75(1) of the Civil Procedure Act, read together with Order 43 of the Civil Procedure Rules, specifies the orders from which an appeal lies as of right or with leave of the Court.…

…The application is brought under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules.…

…Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules provide that an application for review ought to be made to the court that made the impugned decision. 6.…