Case law
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Division and case type: Milimani Commercial CourtsUnclassified
………………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.…
Division and case type: CivilMiscellaneous Application
…Procedure Act.…
…Section 79 G of the Civil Procedure Act is a substantive Provision dealing with time for filing appeals from subordinate court.…
Division and case type: CivilCivil Case
…........................................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.…
Division and case type: CivilCivil Case
….…………..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.…
Division and case type: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Suit
….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…The application dated 9th July 1987, is brought by the plaintiffs under order XXXIX rules 1 and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act.…
…I bear in mind also the provisions of section 7 of the Civil Procedure Act.…
Division and case type: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
Division and case type: Milimani Commercial CourtsCivil Case
….…..DEFENDANT RULING I have before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for…
Division and case type: CivilCivil Appeal
…It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order.…
…But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court. Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.…
Division and case type: CivilMiscellaneous Application
…Procedure Act (cap 21).…
…Procedure Act.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Procedure Act.…
…Act really comes to aid.…
Division and case type: CivilCivil Appeal
…These actions fall under as 61 and 62 of the Civil Procedure Act and they are limited to public nuisance and public charity.…
…That a relator action was required in the specific action concerning a public charity as provided for by the Civil Procedure Act, was reiterated in the case of Wakf Commissioners v Mohamed bin Umeya bin Abdulmajid bin Mwijabu…
Division and case type: CivilCivil Appeal
…There is no point of law raised within the meaning of Section 72 of the Civil Procedure Act (Cap 21).…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…Procedure Act, ordered in addition, interest to be paid on the principal sum again at the rate of 14%.…
…Judgment should only have been given for this latter sum and any interest which the learned judge could award under section 26 of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The Applicant has invoked Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. These are general provisions of law.…
…Section 3A of the Civil Procedure Act gives this court inherent powers to make such orders as may be necessary for ends of justice to be met or to prevent abuse of the process of the court.…
Division and case type: CivilCivil Appeal
…On 18th November, 1983, the 2nd respondent, who is the wife of the 1st respondent, made an application under section 80 of the Civil Procedure Act for a review of the said judgment dated 25th May, 1979, on the grounds that…
…The words “any person” and “for any sufficient reason” used in section 80 of the Civil Procedure Act clearly are meant to include a person who has a direct interest in a litigation or its result but has been deprived of a…
Division and case type: CivilCivil Case
…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…