Case law
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Division and case type: CivilCivil Suit
…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 Suit
…The defendant has also filed a statement of grounds of opposition to the plaintiffs and application which I will.…
…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…
Division and case type: CivilCivil Suit
…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…
…In the circumstance we grant the application made on behalf of Esso to strike out the notice of appeal filed on July 22, 1980.…
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: CivilCivil Suit
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…
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 Suit
…Mr Gautama opposes both these applications. We will refer to each Mr Singh, alive or dead, in the rest of this order by his first name only. We need to set out now the chronology of the matter so far.…
…Returning to rule 96 (ibid) the important words “legal representative” concern us in this application. Who is the legal representative of the late Ajit Singh?…
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 Suit
…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…
…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…
Division and case type: CivilCivil Suit
….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
Division and case type: CivilCivil Suit
….…………………………..DEFENDANT RULING In this application which is by Chamber Summons the applicant is asking for the Orders prayed in the application.…
…I allow the application as per prayers 1,2,3, and 4 of the Chamber Summons dated 25.5.2000. Dated and delivered this 2nd October, 2000. KASANGA MULWA JUDGE…
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 Suit
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…
…application.…
Division and case type: CivilCivil Suit
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: CivilCivil Suit
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: CivilCivil Suit
…The application is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…
…That the defendant is hereby restrained from acting upon the letter dated 5.1.89 (marked MA “C” and annexed to the plaintiff’s application) until further orders of this court. 3.…
Division and case type: CivilCivil Suit
…of 1982 RULING The applicant was duly served with the notice for the hearing of the application but did not attend as required.…
…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…
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: 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.…