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…) Rules 2024, or Order 45 Rule 1 of the Civil Procedure Rules 2010.…

…45 Rule I of the Civil Procedure Rules, 2010?…

…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 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.…

…Counsel cited the Articles of the Constitution and provisions of the Employment and Labour Relations Court Act relied upon as well as Rule 6 of the Employment and Labour Relations Court (Procedure) Rules, 2024 on the place…

…) Rules, 2024.…

…Rules and Rule 25(2) of the Employment and Labour Relations Court (Procedure) Rules, 2024, make service of summons on the Respondent mandatory.…

…of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, 2013.…

…Rules, 2013 and Order 8 Rules 2(1) and 3 of the Civil Procedure Rules, seeking orders THAT: - i.…

…Rules, 2010. 6.…

…The law that governs the grant of Orders for stay of execution pending appeal is Order 42 Rule 6(1) and (2) of the Civil Procedure Rules which provides that; ….…

…As regards substantial loss, in Kenya Shell Ltd V Kibiru [1986] KLR 410 the Court held that: - “It is usually a good rule to see if order XLI rule 4 of the Civil Procedure Rules can be substantiated.…

…The Notice of Motion is expressed under Section 1A, 1B and 3A of the Civil Procedure Act, Order 10 Rule 11, Order 51 Rule 1 and 4 of the Civil Procedure Rules, 2010 and Articles 48 and 50 of the Constitution of Kenya and…

…As correctly submitted by both parties, it is trite law that the court has discretion to set aside or vary a judgment or Order on such terms as it may deem just under Order 10 of the Civil Procedure Rules.…

…Before Court is the Claimant’s application dated 18th October, 2023, and brought pursuant to Order 45 Rule 1, Order 51 of the Civil Procedure Rules, Sections IA, 1B, 3, 3A, 63 of the Civil Procedure Act and Article 139 (2…

…Before Court is the Appellant/Applicant’s Motion dated 11th April, 2023, brought pursuant to Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules and Article…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules, provides for stay of execution in the following words: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules, provides for stay of execution in the following words: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…Granting of stay orders is a discretionary power of the Court given under Order 42 Rule 6(1) of the Civil Procedure Rules.…

…Reliance was made on Order 2 of the Civil Procedure Rules and a catena of decisions such as Goodman V Eban Ltd [1954] IQB 550, Van Vuuren V Van Vuuren [1854] Searle 116, African Continental Bank V Hatson (Nigeria) PLC [1997…

…Rules.…

…The Notice of Motion is expressed under Articles 50 of the Constitution of Kenya, Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 51 Rule I o the Civil Procedure Rules and is based on the grounds set out…

…Appellant’s submissions As to whether the court should review and set aside its order dated 2nd October, 2024 the appellant relies on the provision of Order 42 Rule 21 of the Civil Procedure Rules on re-admission of appeal…

…Rule and Rule 8 of the Employment and Labour Relations Court (Procedure) Rules, 2024 and is based on the grounds outlined on its face and the Supporting Affidavit sworn by Ceaser Argwings Kodhek on 30th June, 2025, who deposed…

…In addition, the provisions of the Civil Procedure Act and the Civil Procedure Rules, 2010 provide for extension of time for purposes of filling of appeals out of time.…

…Order 42(4)(f) of the Civil Procedure Rules require an Appellant to include a copy of the judgment/decree appealed against as part of the Record of Appeal.…

…The ex parte Chamber Summons is expressed under Section 8 and 9 of the Law Reform Act, Section 1A, 1B and 3A of the Civil Procedure Act and Order 53 Rule 1 and 2 of the Civil Procedure Rules, 2010 and is based on the grounds…

…Rules must be complied with.…

…It is the Respondents’ submission that Order 42, Rule 13(4) of the Civil Procedure Rules, 2010 provides documents which the Court may dispense with, and that the provisions have made it mandatory that the Memorandum of Appeal…

…It is their submission that any omission offends the provisions of Order 42, Rule 13(4)(f) of the Civil Procedure Rules, 2010, and renders the appeal incompetent and fatally defective. 18.…

…The Notice of Motion is expressed under Article 43(1) of the Constitution of Kenya 2010, Sections 3A, 44(1) and 63(e) of the Civil Procedure Act, Cap 21 Laws of Kenya and Order 22 rules 51 and 52 of the Civil Procedure Rules…

…Rules, he has to meet certain conditions.…

…Order 53 Rule 4 of the Civil Procedure Rules requires an ex-parte applicant to serve a Notice of Motion seeking judicial review orders together with the statutory statement filed at the leave stage. 8.…

…Further, Order 53 Rule 4 of the Civil Procedure Rules demands that affidavits filed at the leave phase be served with the Motion. 10.…