Case law
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Division and case type: CivilCivil Appeal
…Thus, by that Rule the procedure which regulates appeals from subordinate courts to the High Court prescribed in Order XLI Civil Procedure Rules applies to appeal from the tribunal to the High Court. In H.…
…If he was relying on the Civil Procedure Act or Rules he has not referred to any specific section or rule which sanctions the appeal and we know of none.…
Division and case type: CivilCivil Case
…6 Civil Procedure Rules.…
…Civil Procedure Rules (cap 21 Sub Leg) order XVI rule 6; order XLII rule 1(2) 2. Civil Procedure Act [Uganda] section 77(1) 3.…
Division and case type: CivilMiscellaneous Application
…for the appeal to be filed, and that there was a further delay after receipt of the proceedings which delay has not been explained, and further that the application ought to have been brought under order 49 of the Civil Procedure…
…Rules and not Section 79 G of the Civil Procedure Act.…
Division and case type: CivilMiscellaneous Civil Application
…Rules seeks the following orders: (1).…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
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
…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…
…Mr Wasuna who also argued the application before the judge pointed out that they could not have filed a supporting affidavit because that was not allowed by order VI rule 13(2) of the Civil Procedure Rules.…
Division and case type: GeneralUnclassified
…and; therefore, it would be an exercise in futility and prejudicial to the applicant if the respondent was given an extension for time to perfect his appeal in view of the provisions of Order 45 rule 17(2) of the Civil Procedure…
…Rules.…
Division and case type: CivilCivil Appeal
…An appeal will be dismissed pursuant to Order 42 rule 35(1)(2) of the Civil Procedure Rules in two situations.…
Division and case type: CivilCivil Suit
…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 Appeal
…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…
Division and case type: CivilCivil Appeal
…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…
…Directions under Order 51 Civil Procedure Rules having not been given or dispensed with the hearing should not have taken place; 3. Mr Justice J S Patel had failed to exercise his discretion judicially.…
Division and case type: Employment and Labour RelationsCase number Cause
…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…
Division and case type: Environment and LandLand Case
…Since the defendant has already filed his defence, parties are directed to comply fully with Order 11 of the Civil Procedure Rules and take a date for pretrial within 90 days from the date hereof. Orders accordingly.…
Division and case type: CivilCivil Suit
…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…
Division and case type: CivilCivil Appeal
…That the judgment of the trial court does not comply with the provisions of order 20 Rule 4 of the Civil Procedure Rules as the Learned Magistrate failed to identify the issues for determination and also failed to give reasons…
Division and case type: CivilCivil Appeal
…It was brought under order XXXVI rule 3A of the Civil Procedure Rules, and section 97 of the Civil Procedure Act. Rule 3A not relevant as this is not a mortgage dispute, and section 97 does not exist.…
…There is no specific provision under order XXXVI of the Kenya Civil Procedure Rules to file proceedings for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has…
Division and case type: CivilCivil Case
…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…
Division and case type: CriminalCriminal Appeal
…motion which is by the two Petitioners herein is brought under Articles 22,23,40,47,60(1), 62,162(2) (b) and 174 of the Constitution, Rules 19 and 23 of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure…
…Rules 2013, Section 3,13 (1,2,3 and 7) of the Environment and Land Court Act (Act No. 19 of 2011), Sections 2,3,4,5,6,7,11,13 and 14 of the Fair Administration Action Rules 2024 and all other enabling provisions of the law…
Division and case type: Constitutional and Human RightsElection Petition
…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…
…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…
Division and case type: Constitutional and Human RightsElection Petition
…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…
…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…