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: 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: 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: 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: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 118 OF 1998 BETWEEN DR. EDWIN SIMON PETER OTIENO NYAURA .................... APPLICANT AND INCE MICHAEL JULIAN ....................................…
…NO.2748 OF 1989) ******************* R U L I N G I have found this application has caused me great anxiety and difficulty. I am, however, persuaded by Mr.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS)) CIVIL APPLICATION NO.…
…This application was made on 21 August, 1998. When pressed, Mrs. Ngugi submitted that she was waiting for the Certificate of Delay.…
Division and case type: GeneralUnclassified
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…emanating from the application.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI 81 OF 1997 (UR. 36/97) BETWEEN FARMERS INDUSTRIES LIMITED ........................ APPLICANT AND 1. KENYA COMMERCIAL FINANCE CO. LTD 2. P. G. WAWERU T/A IDEAL AUCTIONEERS ............…
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI 46 OF 1993 BETWEEN SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA .............................APPLICANT AND H. H.…
…ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) (CIVIL APPLICATION NO.…
…It was not until February 26, 1993 that the present application for extension was filed.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI 71 OF 1994 BETWEEN FREDRICK G.K. WAITHAKA .............................…
…NO. 627 OF 1987(OS)) ******************** RULING This is an application for extension of time to file an intended appeal against the judgment of the superior court (Mbito J) dated 6th June, 1991.…
Division and case type: GeneralUnclassified
…JA (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 89 OF 1997 BETWEEN WILSON ORITO OMUSINA ....................................APPLICANT AND 1. JOHN KIMOSOP MAINA 2. JAMES MUKOTSWE 3.…
…In the circumstances and for the reasons given by Counsel for the applicant I grant the leave sought and order that the application be marked as withdrawn.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…
…The application was not opposed by the prosecution.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU ................................. APPLICANT AND UNITED FINANCE LIMITED ............................…
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…