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 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 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 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 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 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 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 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 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 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.…