Case Law as a Source of Kenya Civil Procedure

There are statements which can give procedural direction in case law.  there quite a number of cases indicating procedure Tiwi Beach v.  Stamm [1988-92]2kar 189Giella v Cassman Brown [1973] EA 358Murage v Mae Properties (2002) klr 3074 – Judgment of Waki J. on Mareeva injunctionsIn the case of Tiwi Beach –where on applies an ex parte, there is a requirement for one to disclose all facts that are material to that suit.   An order can be discharged where it has not been disclosed.  Developing rules through case lawGiella v Cassman – requirements for grant oftemporary injunctions and set procedure to be followed where parties are intent to obtaintemporary injunctions.  Prima facie case withprobability of success, client must be likely tosuffer irreparable harm that cannot be taken care of by damages,Murage v Mae – the court was considering the provisions of Order XXXVIII of the then civil procedure rules relating to arrest and attachment before judgment, the judge was concerned with the provisions of Order XXXVIII and the Mareeva Injunction.  Can onereally cater for the needs of their clients through an application under Order XXXVIII without applying for a Mareeva Injunction.