Case law
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Division and case type: CivilCivil Suit
….…………………………………………………….DEFENDANTS R U L I N G This is an application brought by the defendants under Order 9B Rule 8, Order 21 Rules 22, 25 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…It was expressed to be brought under O IXB rule 8 Civil Procedure Rules and Section 3A of Civil Procedure Act. Two orders were prayed for.…
…Mr Macharia Muhuni was, however, of the view that there is no clear provision in the Civil Procedure Act and Rules to deal with a situation like is obtaining in this matter, and, consequently s 3A of the Civil Procedure Act…
Division and case type: CivilMiscellaneous Civil Application
…VERSUS HASSAN SAIDI DELE ................................RESPONDENT MAJOR HENRY MWALUGHA..................RESPONDENT RULING This application by way of a summons in chambers is brought to this Court under section 18 of the Civil…
…Procedure Act.…
Division and case type: Employment and Labour Relationsmiscellaneous cause
…Court clerk – Sango R U L I N G Coming under O.9B r. 8 Civil Procedure Rules and S. 3A Civil Procedure Act the now 2nd respondent, one Uwe Meixner, had this main prayer laid before court on 6.6.04: 1.…
…The background to this application is that the principal applicant in this miscellaneous cause (Pius Wamalabe) filed an application dated 10/6/04 under S.146 (Cap 242) and S. 3A Civil Procedure Act seeking orders that the…
Division and case type: CivilCivil Case
…Civil Procedure Act (cap 21) section 3A Advocates Mr Taib for the Defendant. August 15, 1991 Wambilyangah J delivered the following Ruling.…
…This is a substantial defect which can only be overlooked or remedied by me by the invocation of the powers set out under s 3A of the Civil Procedure Act. I am prepared to do so.…
Division and case type: CivilCivil Case
…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.…
Division and case type: Employment and Labour RelationsCase number Cause
…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…
Division and case type: CivilCivil Case
…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…
Division and case type: CivilCivil Case
…(Section 6 of the Civil Procedure Act refers).…
Division and case type: CivilCivil Appeal
…However, if this was the only problem, this court can rewrite the judgment (See Section 78 of the Civil Procedure Act).…
Division and case type: CivilCivil Case
…The application was expressed to be brought under Order XXIII rules 5 and 3(1) and (2) Civil Procedure Rules, and section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…The means provided by these statutes is a special action on the case which means nowadays in Kenya an action brought by plaint under the Civil Procedure Act.…
Division and case type: CivilCivil Case
…DEFENDANT RULING In this application brought under Order 39 rules 3 & 4 of the Civil Procedure Rules and under Section 3A of the Civil Procedure Act, the Applicant/Defendant is asking for orders discharging the injunction…
Division and case type: CivilCivil Case
…objection and the supporting affidavit, then the only feasible course open to the defendant is to satisfy me that there is in fact a reference before the Tribunal and that I should stay these proceedings under section 6 of the Civil…
…Procedure Act to enable the parties pursue their dispute before the Tribunal.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Such interpretation accords with the overriding objective of the Civil Procedure Act as well as the rationale for the provisions of Article 22 (3) criteria for rules to provide access to the court for enforcement of the Bill…
Division and case type: CivilCivil Appeal
…applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions Act and Order L(1) of the Civil Procedure Rules and Section 63(e) of the Civil…
…Procedure Act for an order that, he, the applicant be granted leave to file his case against the respondents, The Headmaster, Nairobi Technical High School and the Attorney-General and the period of limitation be extended…
Division and case type: Constitutional and Human RightsJudicial Review
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…
Division and case type: CivilCivil Appeal
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…
Division and case type: CivilCivil Appeal
…shall lie from any judgement, order or decision of the High Court in the exercise of its admiralty jurisdiction within the same time in the same manner as an appeal from a decree of the High Court under part VII of the Civil…
…Procedure Act.” 5.…