Case law
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Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…On 14th of the same month, this application was made. This was 7 days after the applicant's appeal was struck out. Clearly there was no inordinate delay on the part of the applicant in making its present application.…
Division and case type: CivilCivil Appeal
…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…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
…Please, therefore, kindly deal with the company’s application for consent.…
…of opposition to the respondent’s application and that he did not make any findings of facts on the material issues raised in the said application and in the statement of defence and grounds of opposition aforementioned.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 59 OF 1997 BETWEEN BLUESHIELD INSURANCE CO.…
…This application was filed on 24th March, 1997 only some two working days after the appeal was struck out.…
Division and case type: CivilCivil Appeal
…CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN ............................. APPLICANT AND DAVID JOHN KIBWANA (EXECUTOR) .....................…
…This application must fail for the reason that the learned judge of the superior court, Ang'awa, J. never heard and decided on the application for leave lodged by the applicant.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 163 OF 1997 (NAI.65/97 UR) BETWEEN KENYA NATIONAL CAPITAL CORPORATION ..................…
…The striking out was on 17th January, 1997, and it was not until 2nd July, 1997, that the applicant filed the present application.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................…
…Justice Shields) dated 17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck…
Division and case type: CivilCivil Appeal
…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…
…Both applications were listed for hearing on the same day the April 10, 1985.…
Division and case type: CivilCivil Appeal
…She adjourned the application to 26th April 1994 for hearing inter partes.…
…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…The brief background to the appeal, the subject matter of this application is briefly as hereunder.…
…The respondent, EABS filed grounds of opposition to the application. Mr.…
Division and case type: CivilCivil Appeal
…But the plaintiff’s application in the superior court was based on Order V1 rule13(1) without specifying any of the particular grounds (a), (b) (c) or (d) of sub-rule (1).…
…Whilst we would expect want counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based…
Division and case type: CivilCivil Appeal
…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…
…They cannot proceed forever, going back and forth in courtin one form of application or another.…
Division and case type: CivilCivil Appeal
….… RESPONDENT (Appeal from the Ruling and Order of the High Court at Nakuru (Tunoi J) dated 12th April 1989 in High Court Misc Civil Application No 10 of 1987) JUDGMENTS Nyarangi JA.This is an appeal from a ruling given on…
…April 12, 1989 by Tunoi J whereby he refused the appellants’ application for orders of mandamus against Egerton University College (the College).…
Division and case type: CivilCivil Appeal
…The first one is that the learned Principal magistrate erred in proceeding to hear the two applications in the face of the stay order in HC Misc. Civil Application Number 261 of 2006.…
…The second issue that the Appellant was not given sufficient notice for the hearing of the applications has equally no merit. The applications had been served much earlier.…
Division and case type: CivilCivil Appeal
…He filed his application for this leave on January 5, 1984, in the Kisumu Court of Appeal sub-registry.…
…As far as I can make out, the facts behind the application are these: Wamunyama’s mother died and he had to slaughter a cow to mark that sad event.…
Division and case type: CivilCivil Appeal
…Application for summary judgment should not be allowed unless there are triable issues raised, in this case no triable issues raised, hence the lower court was correct in dismissing the application. Appeal dismissed.…
…Muslim Mohamed Jaffer Abdulla Kanji (the appellant) trades as ‘Airoquip & Applications’.…
Division and case type: CivilCivil Appeal
…Application No 646 of 2004, without notifying or inviting the Board to the hearing of the Application as an interested party.…
…of the Application, the same is fatally defective. iii) To the extent that the Application is grounded on a court order issued in Misc.…
Division and case type: CivilCivil Appeal
….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…
…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…
Division and case type: CivilCivil Appeal
…the dismissal of the application in the High Court before Schofield J .…
…The hearing of the application inter parties took place and was finalised on April 28, 1986 when the application was dismissed and the ex parte injunction order vacated.…
Division and case type: CivilCivil Appeal
…Consequently several weeks later on the application of the respondents an ex parte judgment was entered against the appellant.…
…He swore an adavit in support of his application and deponed that he was not served with the summons to enter appearance and was not aware of the suit.…