Case law
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Division and case type: High Court DivCivil Appeal
…The trial court erred by failing to consider the circumstances surrounding the entry of the ex parte application.…
Division and case type: High Court DivCivil Appeal
…this appeal on the grounds that the Learned Magistrate erred in law in failing to grant leave to issue Third Party Notice as required by law; directing that the Appellant’s application be heard interpartes when it was an ex…
…parte application; dismissing the Appellant’s application to join a third parties thereby denying the Appellant his legal right as provided by the law; dismissing the Appellant’s right to seek contribution and indemnity…
Division and case type: High Court DivCivil Appeal
…The appellant herein had filed an ex- parte application before the magistrate court under the provisions of section 27 of Limitations of Actions Act Section 1A, 1B, and 3A of the Civil Procedure Act and Order 37, Rule 2 of…
Division and case type: High Court DivCivil Appeal
…Before the trial court, Minimax Auctioneers (the respondent) filed an ex parte application dated 15/8/2022 seeking orders to repossess motor vehicle registration number KCX 190R (suit motor vehicle) upon receiving instructions…
Division and case type: CivilCivil Appeal
…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…
…The necessity for full and frank disclosure was even greater in an ex-parte application. 12. There was not full disclosure by the applicant of the material facts to the High Court.…
Division and case type: CivilCivil Appeal
…The failure to make full and candid disclosure of facts in any ex parte application is of course the worst torpedo a party can use in its own cause.…
…principle would apply in ex parte applications for leave to seek judicial review orders under Order 53 of the Civil Procedure Rules.…
Division and case type: High Court DivCivil Appeal
…It was further stated in the case aforementioned that: - “It must, of course, be assumed for the purpose of the ex- parte application that the affidavit evidence is true, but it is only if that evidence makes it absolutely…
…In this case the necessary ex-parte application was made and after it was given careful consideration by the trial court it was allowed, thereby implying that the suit was deemed to have been properly filed upon grant of…
Division and case type: High Court CivilCivil Appeal
…Order 23 of the Civil Procedure Rules 2010 stipulates as follows on garnishee proceedings: - A court may, upon the ex parte application of a decree holder, and either before or after an oral examination of the judgment-debtor…
Division and case type: High Court CivilCivil Appeal
…Order 23 of the Civil Procedure Rules 2010 stipulates as follows on garnishee proceedings: - A court may, upon the ex parte application of a decree holder, and either before or after an oral examination of the judgment-debtor…
Division and case type: High Court CivilCivil Appeal
…Order 23 of the Civil Procedure Rules 2010 stipulates as follows on garnishee proceedings: - A court may, upon the ex parte application of a decree holder, and either before or after an oral examination of the judgment-debtor…
Division and case type: High Court CivilCivil Appeal
…Order 23 of the Civil Procedure Rules 2010 stipulates as follows on garnishee proceedings: - A court may, upon the ex parte application of a decree holder, and either before or after an oral examination of the judgment-debtor…
Division and case type: High Court CivilCivil Appeal
…Order 23 of the Civil Procedure Rules 2010 stipulates as follows on garnishee proceedings: - A court may, upon the ex parte application of a decree holder, and either before or after an oral examination of the judgment-debtor…
Division and case type: High Court CivilCivil Appeal
…Garnishee proceedings, otherwise known as attachment of debts is governed by Order 23, Rule 1 of the Civil Procedure Rules, 2010 on attachment of debts as follows: 1 (1) A court may, upon the ex parte application of a decree…
…At the first stage, the judgment creditor makes an application ex parte to the Court that the judgment debt in the hands of the third party, the Garnishee, be paid directly to the judgment creditor unless there is an explanation…
Division and case type: CivilCivil Appeal
…(as he then was) after hearing very full arguments on an ex-parte application, declined to extend time to file suit on the grounds that (i) knowledge of possible legal liability is knowledge of a decisive character, (2) the…
…That until the other side is heard on the matter the leave, which by the relevant provision of the Limitation Act, 1963, must be given upon an ex parte application, is provisional.…
Division and case type: High Court DivCivil Appeal
…Therefore, the provision of Order 1 Rule 15 (c) of the Rules provides for an application for leave to issue a third party notice to be made by an ex parte application in chambers. 36.…
Division and case type: High Court DivCivil Appeal
…Therefore, the provision of Order 1 Rule 15 (c) of the Rules provides for an application for leave to issue a third party notice to be made by an ex parte application in chambers. 36.…
Division and case type: CivilCivil Appeal
…If the aggrieved applicant/plaintiff is aggrieved by the decision of the superior court on the ex-parte application, he has a right of appeal to this court.…
Division and case type: CivilCivil Appeal
…Section 28(1) of the Act (cap 22) permits an ex parte application to be made.…
Division and case type: High Court DivCivil Appeal
…On 29th May 2026, upon an ex parte application by the Respondent, the trial court (Hon. J. J.…
Division and case type: High Court DivCivil Appeal
…Warrington LJ had the following to say at page 509; ‘It is perfectly well settled that a person who makes an ex parte application to the court that is to say, in the absence of the person who will be affected by that which…