Search court decisions

…The defendant has also filed a statement of grounds of opposition to the plaintiffs and application which I will.…

…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…

…Indeed that was the main plank in Mr Juma’s application before this Court.…

…We asked Mr Juma to elect before us on which application to proceed, namely Civil Application Nai 12 or Nai 13 of 1991, because only one application was listed before us.…

…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…

…In the circumstance we grant the application made on behalf of Esso to strike out the notice of appeal filed on July 22, 1980.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…

…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…

…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…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.…

…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…

…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…

…Mr Gautama opposes both these applications. We will refer to each Mr Singh, alive or dead, in the rest of this order by his first name only. We need to set out now the chronology of the matter so far.…

…Returning to rule 96 (ibid) the important words “legal representative” concern us in this application. Who is the legal representative of the late Ajit Singh?…

…According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law. When the application came up for hearing, the learned counsel for the Applicant Mr.…

…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…

…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…

…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…

…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…

…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…

…The impact of the success of the plaintiff’s application was, inter alia, to have it restituted to the suit premises as per prayer NO. 4 in the said application. That order directly affected the applicant herein.…

…APPLICATION NO. NAI 15 OF 1990 (UR) VISHRAM HALAI & ANOTHER –VTHORNTON & TURPIN (1963) LIMITED & CIVIL APPLICATION NO. NAI 129 OF 1995 (57/95 UR) N;YALS (Kenya) Limited –vUnited Housing Estate Limited.…

…The main grounds for the application as expressed on the face of the application are as follows:- (i) That the defendant has not served the mandatory Statutory Notice under the Transfer of Property Act on the Estate of the…

…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…

….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…

…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…

….…………………………..DEFENDANT RULING In this application which is by Chamber Summons the applicant is asking for the Orders prayed in the application.…

…I allow the application as per prayers 1,2,3, and 4 of the Chamber Summons dated 25.5.2000. Dated and delivered this 2nd October, 2000. KASANGA MULWA JUDGE…

…In support of the application Mr Le Pelley for the second defendant has drawn to the attention of the court the difference between state immunity and diplomatic immunity for which I am grateful.…

…For those reasons, I allow the application with no orders as to costs. I set aside the order made on 15.12.92 dismissing the second defendants application.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…application.…

…a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…

…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…

…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…

…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…