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Division and case type: CivilCivil Case
…The effect of the abatement was that under Rule 8(1) of Order XXIII of the Civil Procedure Rules, no fresh suit could be brought on the same cause of action.…
…However, under Rule 8(2) of the said Order, a person who is the legal representative of the deceased plaintiff in the suit could apply to revive it by showing that the applicant was prevented by any sufficient cause from…
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.…
…Order IXB rule 8 on August 2, 1979, which is the date when the application to set aside the judgment was filed, was this – “8.…
Division and case type: CivilCivil Suit
…The plaintiff/applicant has filed chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous…