Case law
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Division and case type: CivilCivil Case
…There is now before me an application by way of Notice of Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant…
Division and case type: CivilCivil Case
…The vendors commenced an action seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution.…
…He urged that the court could not, or at any rate should not use a motion so as summarily to vacate an entry before trial.…
Division and case type: CivilCivil Appeal
…The motion was then fixed for hearing for 1st December 1993.…
…On 1st December, 1993, when the hearing started Mr Khaminwa made an oral application for the motion to be heard by the same bench which had granted the order.…
Division and case type: CivilCivil Case
…CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion…
…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…
Division and case type: CivilCivil Case
….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…
Division and case type: CivilCivil Appeal
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…The defendant is granted costs of the Notice of Motion dated 13th July 2005. It is so ordered. Dated and delivered this 19th December 2005. MARY KASANGO JUDGE…
Division and case type: CivilCivil Case
….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…
Division and case type: CivilCivil Case
…COMPANY LTD........................................PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice of Motion…
Division and case type: CivilCivil Case
…at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion…
Division and case type: CivilCivil Appeal
….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application…
Division and case type: High Court CivilCivil Appeal
…The Motion is supported by an affidavit sworn by the applicant. 1.2 The Respondent opposed the Motion by Grounds of Opposition dated 7th October 2025 and a comprehensive replying Statement of Grounds dated 11th November 2025…
…A motion that is calculated to circumvent a jurisdictional finding, without showing acceptable grounds, may be struck out as an abuse of process. 6.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
….……………..........................................RESPONDENT RULING The Application This ruling relates to the Notice of Motion dated 15.01.2025 (the Motion) brought by Grace Wanjiru Chege and James Kamau Njenga (hereafter…
…The Motion is supported by the grounds set out on its body and in the Supporting Affidavit of the Applicants’ advocate, Janerose Nanjira, sworn on 15th January 2025. The Motion seeks the following orders: Spent. Spent.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…16.09.2024 (the Motion).…
…For the foregoing reasons, the Applicant urges this court to allow the Motion.…
Division and case type: High Court DivCivil Appeal
…The Applicant Peter Muindi Mbivi through the firm of Ndiema and Company advocates moved the Court vide a motion on notice dated 31 st January 2025, the motion on the face of it was brought under the provisions of order 42…
…The Applicant’s motion was premised on several grounds set out in the body of the motion which grounds were restated in the supporting affidavit of the Applicant; Peter Muindi Mbuvi sworn on 31 st day of January 2025 at Machakos…
Division and case type: High Court DivCivil Appeal
…The Applicant Peter Muindi Mbivi through the firm of Ndiema and Company advocates moved the Court vide a motion on notice dated 31 st January 2025, the motion on the face of it was brought under the provisions of order 42…
…The Applicant’s motion was premised on several grounds set out in the body of the motion which grounds were restated in the supporting affidavit of the Applicant; Peter Muindi Mbuvi sworn on 31 st day of January 2025 at Machakos…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
….……..........RESPONDENT RULING Notice of Motion The subject of this ruling is the Notice of Motion dated 4.12.2024 (the Motion) brought by Taj Mall Limited (hereafter the Applicant) seeking an order to the set aside the Warrants…
…Further that Order 22, Rule 18 of the CPR as cited in the Motion, is irrelevant, terming the Motion as being fatally defective and an abuse of the court process.…
Division and case type: High Court DivCivil Appeal
…The motion is supported by the affidavit of Rayn Wendo, the Claims Manager of Directline Assurance Company Limited, sworn on 6th February 2026. 3.…
…The Respondent opposes the motion.…
Division and case type: High Court CivilCivil Appeal
…The Motion sought that the ex-parte judgment made on 30/4/2024 be set aside and that the applicant be allowed to file responses and submissions in the appeal.…
…The Motion was grounded upon the grounds set out on the face of the Motion and the Supporting affidavit of Anthony Mabonga sworn on 26/2/2025. 3.…
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.…