Case law
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Division and case type: CivilCivil Case
…Indeed that was the main plank in Mr Juma’s application before this Court.…
…We asked Mr Juma to elect before us on which application to proceed, namely Civil Application Nai 12 or Nai 13 of 1991, because only one application was listed before us.…
Division and case type: CivilCivil Case
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…
…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…
Division and case type: CivilCivil Case
…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…
…Thereafter, after a lapse of more than 4 years, the applicant has brought this application.…
Division and case type: Constitutional and Human RightsPetition
…(IN CHAMBERS) CRIMINAL APPLICATION NO.…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: Constitutional and Human RightsPetition
…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
Division and case type: CivilCivil Case
…According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law. When the application came up for hearing, the learned counsel for the Applicant Mr.…
…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…
Division and case type: Constitutional and Human RightsPetition
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 167 OF 1996 BETWEEN CENTRAL KENYA LIMITED ......................................................…
…NO. 3590 OF 1995) ********************** RULING There being no objection to the application before me, which in fact is meritorious, I allow it as prayed.…
Division and case type: CivilCivil Case
…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…
Division and case type: CivilCivil Case
…The impact of the success of the plaintiff’s application was, inter alia, to have it restituted to the suit premises as per prayer NO. 4 in the said application. That order directly affected the applicant herein.…
…APPLICATION NO. NAI 15 OF 1990 (UR) VISHRAM HALAI & ANOTHER –VTHORNTON & TURPIN (1963) LIMITED & CIVIL APPLICATION NO. NAI 129 OF 1995 (57/95 UR) N;YALS (Kenya) Limited –vUnited Housing Estate Limited.…
Division and case type: Milimani Commercial CourtsCivil Case
…The main grounds for the application as expressed on the face of the application are as follows:- (i) That the defendant has not served the mandatory Statutory Notice under the Transfer of Property Act on the Estate of the…
…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…
Division and case type: Constitutional and Human RightsPetition
…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…
…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…
Division and case type: CivilCivil Case
…In support of the application Mr Le Pelley for the second defendant has drawn to the attention of the court the difference between state immunity and diplomatic immunity for which I am grateful.…
…For those reasons, I allow the application with no orders as to costs. I set aside the order made on 15.12.92 dismissing the second defendants application.…
Division and case type: CivilCivil Case
…a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…
…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn by applicant John Warui. The suit between the two parties arises from a Hire Purchase Agreement entered into by them on October 8, 1997.…
…In the affidavit in reply to the application, it is deponed that as at April 27, 2000 the applicant was in arrears of Kshs 1,896,075.…
Division and case type: CivilCivil Case
…Upon application he was allowed to submit in opposition of the application on the basis of the pleadings and the law only. In support of the application the plaintiff swore one affidavit.…
…This application was then rendered necessary.…
Division and case type: Constitutional and Human RightsPetition
…substituted service through the print media and the application was xed for hearing today. 5.…
…Njoroge then made an application for adjournment on two main grounds:- 1.…
Division and case type: CivilCivil Case
…Although Mr Mburu Kariuki opposes this application on the grounds that the application is misconceived and bad in law; that the application has been overtaken by events as attachment of the defendant’s property has been effected…
…and that there are no chances of the appeal succeeding, I think most of those matters are not relevant factors for consideration in this application.…
Division and case type: GeneralCase
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…
Division and case type: Constitutional and Human RightsPetition
…The documents filed on behalf of the petitioner in response to the application have not shown any admission of liability on behalf of the company. Invoices alone do not prove any indebtedness.…
…In the application and affidavit, they do not show they are prepared to return the goods.…
Division and case type: Constitutional and Human RightsPetition
…The application is made vide order 1XB rule 8 of Civil Procedure Rules s 3A of the CPA is 11 and s 108 of the Bankruptcy Act.…
…However no technical injection was raised to the application and the application has been argued on its merit and it is just then that I take at defect as ----------------------------------------.…