Case law
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Division and case type: CivilCivil Appeal
…How can this Court in this application filed on 28th October, 1993, find Mr Malakwen guilty of contempt of an order which had not been served on him prior to the filing of the application?…
…As the hearing of the application was not concluded on 25th May, 1990, the interim order was extended until the final disposal of the application.…
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 Appeal
…In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…
…The ground on which the application is based is not substantiated. The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…
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…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…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: CivilCivil Appeal
…The Supreme Court thus allowed the application.…
…Rule 24 of the Supreme Court Rules deals with applications for grant of certication. Rule 26 deals with urgent applications.…
Division and case type: CivilCivil Appeal
…The background to the application is familiar and can be shortly summarized.…
…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…
…The respondent has not appeared, though served, to contest the application.…
Division and case type: CivilCivil Appeal
…Ltd., Civil Application No. NAI 36 of 1986 (unreported). In that case the decision of the superior court was given on 15th March, 1985.…
…The application for extension of time to file the notice of appeal was filed on 10th March, 1986, almost a year later.…
Division and case type: CivilCivil Appeal
…CIVIL APPLICATION NO.…
…It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…
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: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPLICATION NO NAI 3 OF 1988 BETWEEN GITAHI & ANOTHER................................................…
…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 163 OF 2001 BETWEEN EDWIN OTIENO OCHOLLA PAA PRODUCTS LIMITED FISHERMANS PRODUCTS LIMITED .......................…
…There is also quite inordinate delay from August 8, 2001 when the record of appeal was purportedly served and the time this application was brought to Court on October 31, 2001.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & OWUOR, JJ.A) CIVIL APPEAL (APPLICATION) NO. 59 OF 1996 BETWEEN E.A. BUILDING SOCIETY LIMITED ....................................APPELLANT AND A.C.A.…
…Building Society Limited, who has now made this application before us. We shall hereinafter refer to E.A. Building Society Limited as the applicant and D'Souza and Khandwalla as the respondents.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL APPLICATION NO. 143 OF 1996 BETWEEN MAGANA HOLDINGS LIMITED………..……...........…
…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO 1624 OF 1979 MARTINE APIYO WAINDI …………. ……………………………...……….. PLAINTIFF VERSUS PHARMACEUTICAL MANUFACTURING CO LTD & ANOTHER …....…
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CIVIL APPEAL NO. 33 OF 1996) BETWEEN JOEL KYALO MWEI………...........….….……..APPELLANT AND PAUL NGEI NZIOKA..........…………...…..…RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon.
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.…