Search court decisions

…Rules. c.…

…Applying the provisions of Order 50 Rule 4 Civil Procedure Rules(supra) the Court returns that the appeal was filed within time as the period of twenty-first day of December in any year and the thirteenth day of January in…

…Rules.…

…Indeed, under Order 9, Rule 9 of the Civil Procedure Rules, a party is allowed to 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…

…Rules.…

…The appellants have challenged the findings by the trial court about the application of Order 1 Rule 13(2) of the Civil Procedure Rules.  …

…The Employment and Labour Relations Court (Procedure) Rules 2024 on stay of execution pending appeal states: - ‘’21. (1) Where an application for stay of execution pending appeal has been lodged, the applicant shall, in the…

…The Court in exercising its powers under order XLI rule 4 (2) (b) of the civil procedure Rules can order security upon application by either party or on its own motion.…

…The motion was brought under Order 17 Rule 5 of the Civil Procedure Rules and all other enabling provisions of the law. It was opposed by the respondent.…

…Rules which is just like Rule 16 of this Courts’ Rules of Procedure. 7.…

…The applicant/ judgment debtor filed a Notice of Motion application dated 7th day of February, 2025 under Order 45 of the Civil Procedure Rules 2010 and sought for Orders that:- 1) The application be certified urgent and…

…The application was filed under Order 45 of the Civil Procedure Rules 2010 to wit:- ‘’Application for review of decree or order [Order 45, rule 1] (1) Any person considering himself aggrieved— (a) by a decree or order from…

…of the Constitution) Practice and Procedure Rules. (2) Any person who wishes to institute Judicial review proceedings shall do so in accordance with sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure…

…However, for judicial review, the litigant must file application under Order 53 of the Civil Procedure Rules.…

…The Claimant herein filed application dated 7th June, 2024 brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 Rules 1 of the Civil Procedure Rules 2010, seeking for orders of leave to file additional…

…That Order 11 of the Civil Procedure Rules requires filing of documents parties wish to rely on trial.…

…On the substantive issue raised by the appellant, the change of advocate post the order dismissing the appeal is regulated under Order 9, Rule 9 of the Civil Procedure Rules.…

…The instant application cannot cure the lapse in addressing the provisions of Order 9 of the Civil Procedure Rules.…

…Act as read together with Order 29 Rule 2 of the Civil Procedure Rules.…

…Rules.…

…Rules.…

…It was observed that the Court has jurisdiction to grant stay pursuant to Rule 73 of this Court’s Rules as read with Order 42 rule 6 of the Civil Procedure Rules.…

…Counsel for the Appellant submits that the guiding principles on applications for stay of execution pending appeal are set out in Order 42 of the Civil Procedure Rules.…

…The law concerning applications for stay of execution pending appeal is set out in Order 42 of the Civil Procedure Rules.…

…The Chamber Summons is expressed under Order 53 Rule 4(1) of the Civil Procedure rules and is based on the grounds set out in the statement dated 16th October, 2024 and the Verifying Affidavit sworn by Agnes Akinyi on 16th…

…Offends and does not meet the requirements of Order 53 rule 1, 3 and 4 of the Civil Procedure Rules 2010 and prayed for dismissal of the same with costs.…

…October, 2024 meets the threshold of Order 53 of the Civil Procedure rules, Counsel cites Order 53 and decisions in Republic V National Land Commission & 4 Others Ex Parte Stephen N.…

…In conclusion, counsel submits that the Applicants’ failure to comply with Order 53 Rules of the Civil Procedure Rules renders the application fatally defective and unstainable in law.…

…The grounds upon which this Court exercises the discretion to grant a stay of execution are well governed by the Civil Procedure rules under Order 42 Rule 6 which stipulates as follows; (2) No order for stay of execution…

…Rules under which the applicant had to satisfy the court of two matters…Firstly, that substantial loss may result to the applicant unless the application is granted, which prima facie means that if the appeal succeeds, the…

…The grounds upon which this Court exercises the discretion to grant a stay of execution are well governed by the Civil Procedure rules under Order 42 Rule 6 which stipulates as follows; (2) No order for stay of execution…

…Those are the requirements under Order XLI rule 4(2) of the Civil Procedure Rules. 11.…

…The Appellants submit that upon entry of the Interlocutory Judgment on 22nd November, 2022, and in default of appearance or defence under Order 10 Rule 6 of the Civil Procedure Rules, the issue of liability was no longer…

…Under Order 10 Rule 6 of the Civil Procedure Rules, an interlocutory judgment is only entered where the claim is for pecuniary damages only or for the detention of goods.…

…Rule 12 ELRC (Procedure) Rules 2024 provides time for filing appeal to the court as follows:- ‘’12. (1) Where a written law provides for an appeal to the Court, an appellant shall file a memorandum of appeal with the Court…

…Rule 18 of the Court(Procedure) Rules (2024) provides for extension of time to file appeal as follows:-‘’ 18.…

…On the issue of whether the Respondents were opposed to the Appellant’s notice to have the intended attachment lifted as provided for in order 22 rule 51 (1) of the Civil Procedure rules, counsel submitted that the said order…

…That Order 22 Rule 54 of the Civil Procedure Rules stipulated that if the attaching creditor proposes to proceed with the attachment pursuant to rule 52, the intimation shall be accompanied by a replying affidavit and the…