Case law
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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 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 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: 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 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
…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 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 Suit
…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.…
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 Case
…I am of course invoking section 3A of the Civil Procedure Act as well as section 60 (1) of the Constitution of Kenya. However, there will be no rectification of the register with regard to the suit premises.…
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.…