3 Days to Serve Ex-Parte Temporary Injunction Order (Order 40 Rule 4(3) CPR)
Under Order 40 Rule 4(3), any ex-parte injunction order must be served within 3 days, failing which it automatically lapses. Because 3 days is less than 6 days, Sundays and public holidays are excluded under Order 50 Rule 2.
3 Days
Governed by Order 40 Rule 4(3) & Order 50 Rule 2 CPR and Section 57(a) of Cap 2 (trigger date excluded).
Sundays & Holidays Excluded
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (3 Days)
Under Order 40 Rule 4(3), any ex-parte injunction order must be served within 3 days, failing which it automatically lapses. Because 3 days is less than 6 days, Sundays and public holidays are excluded under Order 50 Rule 2.
Key Practice Questions
Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.
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