Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil 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…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…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.…
Division and case type: Constitutional and Human RightsPetition
…(IN CHAMBERS) CRIMINAL APPLICATION NO.…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: Constitutional and Human RightsPetition
…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
Division and case type: CivilCivil Case
…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.…
Division and case type: Constitutional and Human RightsPetition
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 167 OF 1996 BETWEEN CENTRAL KENYA LIMITED ......................................................…
…NO. 3590 OF 1995) ********************** RULING There being no objection to the application before me, which in fact is meritorious, I allow it as prayed.…
Division and case type: CivilCivil Case
…’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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 118 OF 1998 BETWEEN DR. EDWIN SIMON PETER OTIENO NYAURA .................... APPLICANT AND INCE MICHAEL JULIAN ....................................…
…NO.2748 OF 1989) ******************* R U L I N G I have found this application has caused me great anxiety and difficulty. I am, however, persuaded by Mr.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS)) CIVIL APPLICATION NO.…
…This application was made on 21 August, 1998. When pressed, Mrs. Ngugi submitted that she was waiting for the Certificate of Delay.…
Division and case type: GeneralUnclassified
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…emanating from the application.…
Division and case type: Constitutional and Human RightsPetition
…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…
…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI 81 OF 1997 (UR. 36/97) BETWEEN FARMERS INDUSTRIES LIMITED ........................ APPLICANT AND 1. KENYA COMMERCIAL FINANCE CO. LTD 2. P. G. WAWERU T/A IDEAL AUCTIONEERS ............…
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI 46 OF 1993 BETWEEN SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA .............................APPLICANT AND H. H.…
…ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) (CIVIL APPLICATION NO.…
…It was not until February 26, 1993 that the present application for extension was filed.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI 71 OF 1994 BETWEEN FREDRICK G.K. WAITHAKA .............................…
…NO. 627 OF 1987(OS)) ******************** RULING This is an application for extension of time to file an intended appeal against the judgment of the superior court (Mbito J) dated 6th June, 1991.…