Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court CivilCivil Appeal
…The applicant proceeded to appoint the firm KWEM advocates to act for him in the lower court and filed a motion dated 25.7.24 for setting aside of the said Judgment without the knowledge and instructions of It’s insurer .…
…It was agreed that the motion dated 25.7.24 be withdrawn . Clause 3 says that the Kshs. 461,025/= be deposited in a joint interest earning account in the joint names of both counsel on record for parties herein. 6.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules. 2.…
…On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant has approached this court vide a Chamber Summons dated 3.8.2026 and filed on 5.8.2026, supported by his own affidavit sworn on even date wherein he craves that his Notice of Motion of 30.7.2026 be admitted for…
…, the supporting affidavit and the certificate of urgency and the issue that arises for determination is whether this court ought to be brought back from vacation for purposes of entertaining the appellant's substantive motion…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant has approached this court vide a Chamber Summons dated 3.8.2026 and filed on 5.8.2026, supported by his own affidavit sworn on even date wherein he craves that his Notice of Motion of 30.7.2026 be admitted for…
…, the supporting affidavit and the certificate of urgency and the issue that arises for determination is whether this court ought to be brought back from vacation for purposes of entertaining the appellant's substantive motion…
Division and case type: CivilCivil Appeal
…Nevertheless he proceeded to hear the same application de novo, granted leave to file the already filed Notice of Motion out of time and ordered its hearing on priority basis.…
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: High Court CivilCivil Appeal
…For reasons stated therein, am satisfied that the Notice of Motion of even date merits admission for hearing during the court\'s recess. It is so admitted.…
…Upon considering the Notice of Motion dated 30th August 2024, the grounds relied upon and the supporting affidavit, i make orders as follows; 1. The application be served forthwith. 2.…
Division and case type: High Court DivCivil Appeal
…Ezekiel Rotich, the Applicant herein, took out the motion dated 31 st July, 2025 and sought for the following orders inter alia:- (i) THAT this application be certified as urgent and heard ex parte in the first instance.…
…The applicant filed an affidavit he swore in support of the motion. The Respondent filed the summons dated 14 th August, 2025 to oppose the motion. Parties filed their written submissions. 3.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Before the Court is a Notice of Motion dated 05th May 2025, brought under Sections 1A, 1B, and 3A of the Civil Procedure Act, and Order 8 Rules 3(5) and 5, as well as Order 51 Rule 1 of the Civil Procedure Rules.…
…The primary issue for determination is whether the Court should grant leave to the Appellant to amend the Notice of Motion dated 14th February 2025. Analysis and determination 5.…
Division and case type: High Court DivCivil Appeal
…From the outset, it was important to note that while the motion herein was filed on 12th January 2024, the same was not served upon the Respondent until when they served their motion dated 26th June 2024 seeking to strike…
…attached only page 1 of his motion.…
Division and case type: High Court DivCivil Appeal
…This matter is coming up for ruling on the Notice of Motion dated 15th January 2026 .…
…However, upon a careful perusal of the court record, this court notes that the Notice of Motion dated 15th January 2026 had already been dismissed by Hon. Lady Justice M. S.…
Division and case type: High Court CivilCivil Appeal
…The Appellant's Notice of Motion dated 07th July 2026 seeks an order staying the proceedings in Nyamira MCCC E222 of 2024, County Government of Nyamira v Zablon Oera Onchiri, pending the hearing and determination of this…
…The Motion is supported by the Appellant's affidavit sworn on the same date. 2.…
Division and case type: High Court CivilCivil Appeal
…The Motion was opposed vide the replying affidavit of Jacob Ochieng Otieno sworn on 25/4/2025.…
…He deposed that the Motion was an abuse of the Court process as the applicant was guilty of gross misrepresentation of facts.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…14Th August 2026, supported by an affidavit of Awinja E Odera, and premised upon Rules 15,16 and 17 of the High Court (Organization & Administration) (General) Rules 2016, wherein he craves for admissions of his Notice of Motion…
…In the substantive motion, appellant is seeking for orders of stay of execution against the judgment delivered on 24.7.2026 in Milimani CMCC E199 of 2023 on grounds that the trial court did not grant him any stay orders.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant has approached this court vide a Chamber Summons dated 5.8.2026, supported by an affidavit sworn on even date by Geoffrey Waweru, wherein he craves that his Notice of Motion of even date be admitted for hearing…
…, the supporting affidavit and the certificate of urgency and the issue that arises for determination is whether this court ought to be brought back from vacation for purposes of entertaining the appellant's substantive motion…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I have very scrupulously perused the original trial record, and I have not come across the original Motion, dated 17th August 2023, nor even a copy thereof. 6. It is alleged that Hon.…
…Clearly, no ruling was delivered on 19th October 2023, whether on the Motion, dated 17th August 2023, or any other.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Act No. 27 of 2015 & Rule 17 of the High Court (Organization and Administration) General Rules, 2016 - Part Ill Disposal of urgent and Priority Matters During Recess, wherein they crave for admissions of their Notice of Motion…
…In the substantive motion, the Appellants are craving for orders of stay of execution of the judgment delivered on 27.7.2026 in Milimani MCCC/E214/2023 pending the hearing of the application and ultimately pending the hearing…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Part 1 of the High Court (Practice and Procedure Rules and Section IO of the Judicature Act CAP 8 Laws of Kenya, and all other enabling Provisions of Law, wherein it craves for admissions of it’s Notice of Motion dated 4.9.2026…
…In the substantive motion, the Appellant is craving for committal of the Respondent for contempt of court and orders to compel the release of his attached motor vehicle. 3.…
Division and case type: High Court CivilCivil Appeal
…I have considered the Notice of Motion dated 4th September 2025. The said Motion seeks to have the time within which the deposit ordered by the Court may be made, extended by a further period of 30 days.…
…Under the circumstances, I allow the Notice of Motion dated 4th September 2025 on condition that the deposit of the sum ordered by the Court be made into the Court''s account within 14 days thereof. 4.…
Division and case type: CivilCivil Appeal
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
…The motion was filed on 14th February, 1997 and that gives the appellant sufficient time under rule 49 of the Rules of this Court.…
Division and case type: High Court DivCivil Appeal
…The Appellant being aggrieved by the order of transfer, filed the motion dated 5 th February, 2026 whereof he beseeched this Court to review and set aside the decision made on 3 rd December, 2026.…
…The Applicant filed an Affidavit she swore in support of the motion. The application appeared exparte in nature. 3. I have considered the grounds stated on the application and the facts deponed in Supporting Affidavit.…