Case law
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Division and case type: Environment and LandCivil Appeal
…The Taxing Ocer shall forthwith record and forward to the Objector the reasons for his decision on those items and the Objector may within fourteen (14) days from the receipt of the reasons apply to a judge by Chamber Summons…
…The High Court shall have power in its discretion by order to enlarge the time xed by sub paragraph (1) or sub paragraph (2) for the taxing of any step; application for such an order may be made by Chamber Summons upon giving…
Division and case type: CivilCivil Appeal
…Wamalwa's clerk obtained a date for the hearing of the chamber summons. That date was 6th February, 1996. On this date counsel for both the parties appeared before Bosire, J.…
…Ibrahim were concerned with the Chamber Summons application filed along with the suit. Mr.…
Division and case type: CivilCivil Appeal
…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…
…Among the objections taken before the judge was one to the effect that as the application by way of chamber summons was not supported by any affidavit, it would seem it was being contended by counsel for the respondent that…
Division and case type: CivilCivil Appeal
………………RESPONDENTS (Appeal from the High Court at Nairobi, Shields J) JUDGMENT This is an appeal from an order which Shields J made upon the dismissal of the appellants’ application by chamber summons under order 39 rule 1…
…I grant the interlocutory injunction sought in paragraphs 1 and 2 of the chamber summons. Costs to be costs in the cause. The plaintiff to have leave to serve the plaint, chamber summons and affidavit.”…
Division and case type: CivilCivil Appeal
…summons was filed on 27 November 1989 by the Applicant/ Plaintiff seeking a temporary injunction restraining the Defendant Company from embarking further on the construction of the proposed Kenya Times complex at Uhuru Park…
…Mr Oraro has raised a preliminary objection and by a Chamber summons dated 1 December 1989 he sought to strike out the plaint on 7 grounds but learned counsel wishes to proceed on 2 grounds only for the purposes of his preliminary…
Division and case type: CivilCivil Appeal
…summons was filed on 27 November 1989 by the Applicant/ Plaintiff seeking a temporary injunction restraining the Defendant Company from embarking further on the construction of the proposed Kenya Times complex at Uhuru Park…
…Mr Oraro has raised a preliminary objection and by a Chamber summons dated 1 December 1989 he sought to strike out the plaint on 7 grounds but learned counsel wishes to proceed on 2 grounds only for the purposes of his preliminary…
Division and case type: CivilCivil Appeal
…The decision was given on a chamber summons taken out by the defendants under Order 6 rule 13 of the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against…
…Thereafter the defendants took out a chamber summons under order 6 rule 13 of the Rules seeking (i) an order that the plaintiff has no cause of action against the defendants; (ii) an order that the plaint discloses no cause…
Division and case type: CivilCivil Appeal
…After the filing of the originating summons, Teresia Mucheru applied by Chamber Summons to be allowed to bury her husband on the suit land.…
…Summons but also the originating summons in which Teresia Mucheru as heir to the portion the suit land which Mucheru Karanja held in trust for her husband, Francis Mucheru, sought the determination of the complex questions…
Division and case type: CivilCivil Appeal
…At the time of filing his plaint against the respondents/defendants on the 11th of January, 1991, he made an application by way of chamber summons expressed to have been brought under certificate of urgency for the attachment…
…On the following day, the defendant’s filed an application in court by way of chamber summons through M/s Mukira Mbaya & Co Advocates in which they sought among other orders, that the ex-parte judgment obtained against them…
Division and case type: CivilCivil Appeal
…Alongside the said petition the petitioner also filed an application under a certificate of urgency by way of chamber Summons under section 17 and 30 of the Matrimonial Causes Act Cap.152 Laws of Kenya and order 39 Rules…
Division and case type: CivilCivil Appeal
…The first application was a Chamber Summons dated 2nd August, 1995 in which three main prayers featured: that leave be granted to amend the Memorandum of Appeal with the draft amended memorandum being deemed as filed and…
…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…
Division and case type: CivilCivil Appeal
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: CivilCivil Appeal
…On the same day, August 10, 1984 that the plaint was filed, a chamber summons was filed seeking a vacation hearing for an interlocutory injunction to restrain the First Defendant from parting with the proceeds of the sale…
…The Plaintiff now went to work and produced a plaint, a chamber summons applying for an injunction, with affidavit in support, all dated July 18, 1984 but not filed until July 20. The suit was numbered 2016 of 1984.…
Division and case type: CivilCivil Appeal
…On the same day, the plaintiff took out a chamber summons under Order 39 r. 1 and r. 2 for orders that the defendant be restrained from selling title Kiine/Rukanga/408 and from applying for consent of the Divisional Land…
Division and case type: CivilCivil Appeal
…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…
Division and case type: CivilCivil Appeal
…essence of finding 16 (Supra) was equally stressed, But. while by 16th December 1998, the Appellants had by notice of motion applied to this court to confirm the SUPKEM award as its judgement, the Plaintiffs had by an earlier chamber…
…summons of 1st April 1998 which was withdrawn and replaced with one dated 29th January 1999 sought this court's orders to set aside the said award on the grounds Mr, Kilonzi argued that the arbitrators had misconducted themselves…
Division and case type: CivilCivil Appeal
…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…
Division and case type: CivilCivil Appeal
…The respondent should pay the appellant’s costs in this court, the High Court and the resident magistrate’s court relating to the application under order IXB rule 8 originating by the chamber summons of April, 1983.…
Division and case type: CivilCivil Appeal
…By an application by chamber summons of that date, but which was filed in court on 3rd May, 1995, he prayed for an order that the ex parte dismissal of his suit and the ex parte judgement in favour of the 1st respondent be…
Division and case type: CivilCivil Appeal
…By a Chamber Summons dated 13th April, 1993 and taken out under order VI rule 13 of the Rules, the second respondent sought orders from the superior court that the appellants’ Originating Summons be struck out and that their…