Search court decisions

…Procedure Rules, 2010.…

…1(1)(b) of the Civil Procedure Rules, 2010.…

…comply with Order 9 Rule 9 of the Civil Procedure Rules does not and cannot oust the capacity/locus standi of a party to a suit to file an appeal.…

…Rules.…

…He terms the application by the applicant incurably defective for having been brought under Order 22 Rule 22(1) of the Civil Procedure Rules. 8.…

…The respondent further submits that under Order 42 Rule 6(2) of the Civil Procedure Rules, an application for injunction pending hearing and determination of appeal is alien. 13.…

…However, the Respondent failed to extract the Summons to Enter Appearance in line with Order 5 Rule 1 of the Civil Procedure Rules, 2010.…

…The wording of Order 5 Rule 1 (2) of the Civil Procedure Rules, 2010 uses the word ‘SHALL’ which connotes the mandatory nature of provisions.…

…He brought it under Order 2 Rule 9 of the Civil Procedure Rules.…

…He submitted that Order 43 Rules 1 and 2 of the Civil Procedure Rules were mere citation provisions.…

…3 of the Civil Procedure Rules, an appeal lay as of right, and no leave is required.…

…That in any event, if leave to appeal was required, Order 43 rules 2 and 3 of the Civil Procedure Rules requires that such an application be made before the Subordinate Court.…

…Rules, which stipulates that a party aggrieved by a decision of the Court made under Order 49 of the Civil Procedure Rules, can only appeal against that decision with the leave of this Court.…

…This Court ignored the fact that Deputy Registrar’s decision was a ministerial act which is appealable to a judge in chambers under Order 49 of the Civil Procedure Rules.…

…(i) Whether the motion meets the threshold in Order 9 rule 9 of the Civil Procedure Rules. (ii) Whether Order 22 rule 22 of the Civil Procedure Rules has any application in this matter?…

…Service of the motion on the outgoing counsel or obtaining his consent are mandatory requirements under Order 9 rule 9 Civil Procedure Rules. 7) Regarding the 2nd issue, I find that Order 22 rule 22 of the Civil Procedure…

…3 of the Civil Procedure Rules, an appeal lay as of right, and no leave is required.…

…That in any event, if leave to appeal was required, Order 43 rules 2 and 3 of the Civil Procedure Rules requires that such an application be made before the Subordinate Court.…

…3 of the Civil Procedure Rules, an appeal lay as of right, and no leave is required.…

…That in any event, if leave to appeal was required, Order 43 rules 2 and 3 of the Civil Procedure Rules requires that such an application be made before the Subordinate Court.…

…Rules 2010 and if the same was fit for striking out in terms of Order 4 Rule 6 of the Civil Procedure Rules, 2010.…

…Rules 2010 and is fit for striking out in terms of Order 4 Rule 6 of the civil procedure Rules, 2010. c) Whether in line with the provisions of Order 37 of the Civil Procedure Rules, 2010 the Plaintiff’s suit was properly…

…Rules. 2.…

…Order 9 Rule 9 of the Civil Procedure Rules provides: “When there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has been passed, such change or intention…

…Rules. 2.…

…Order 9 Rule 9 of the Civil Procedure Rules provides: “When there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has been passed, such change or intention…

…Advocates, lacks locus standi due to non-compliance with Order 9 Rule 9 of the Civil Procedure Rules.…

…The procedure set out under Order 9 Rule 9 Civil Procedure Rules above is mandatory and thus cannot be termed as a mere technicality.…

…If the dismissal was under Order 12 rule (1) of the Civil Procedure Rules, then, the Appellant was right to file a fresh suit.…

…If the dismissal of the ELC Murang’a 410 of 2017 was under Order 17 Civil Procedure Rules, the procedure in Order 12 Civil Procedure Rules would still apply.…

…The current motion does not seek stay of execution under Order 42 Civil Procedure Rules at the heading.…

…It only cited Order 40 Civil Procedure Rules and makes no mention of Order 42 Civil Procedure Rules which deals with appeals.…

…The application is expressed to be brought under Order 53 rule 1 and 2 of the Civil Procedure Rules, Section 8 and 9 of the Law Reform Act, and Articles 23 and 47 of the Constitution of Kenya, 2010. 3.…

…The order being sought is the one of certiorari which falls squarely within the time limits provided in the statute and rules already expounded being the Law Reform Act and Order 53 of the Civil Procedure Rules.…

…The pending OS is fatally defective for failure to comply with mandatory provisions of Order 37 Rule 7(2) of the Civil Procedure Rules, Cap 21 Laws of Kenya. ii.   …

…RULES, CAP 21?…

…Mbeya filed a supplementary affidavit which he deposed on 5/10/2023 without being granted leave as is required by Order 19 Rule 1 of the Civil Procedure Rules.…

…This court notes the appellant’s submissions introduces a new ground by stating this court’s order contravened Order 42 Rule 35 of the Civil Procedure Rules.…