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…The grounds upon which the application is based have been set out. there is also an affidavit in support of the application sworn by one Peter Murigi Njirwa, the Managing Director of the Applicant/defendant company.…

…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…

…1983 CREDIT CORPORATION LTD....................................................................PLAINTIFF VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application…

…Her application is based on the issue of alleged non-service of summons upon her. How was she served?…

…It is upon the application of these relevant principles that I shall decide this application.…

…Application upon application, nay, a deluge of applications, will inundate the Courts. We shall then establish a culture of unreasonable disobedience. Institutions shall be ran by excessive judicial intervention.…

…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…

…He therefore says that they and not he should bear the costs of the application.…

…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…

…The thrust of the defendants opposition to the application is that the plaintiffs have not made out a prima facie case; the defendant is entitled to terminate the licence as the plaintiffs have never achieved their targets…

…Twelve months elapsed before an application was brought. An application was brought after the suit had abated. The application was not argued.…

…Had the parties not entered into a consent order with regard to the orders which were sought in that application the court would have considered the application on the merits.…

…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…The application is opposed by the respondent on the ground that no explanation has been put forward by the applicant to justify the grant of the orders sought.…

…The application is supported by the affidavit of one Yasmin Abdulkarim Ali, who was the then advocate for the plaintiff when the application was filed.…

…Mr Congo argued the application before me. No other affidavit apart from that sworn by Mrs Ali was filed on behalf of the plaintiff. The defendant, Container Freight Co Ltd, opposes the application.…

…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.2440 OF 1999 CHRISPHINE MAINA GATURU ………………………………… PLAINTIFF VERSUS MUYA MACHARIA ……………………………………………… DEFENDANT R U L I N G This is an application for summary…

…He has annexed a copy of the agreement for sale, and a copy of the Land Control Board application.…

….………………………..DEFENDANT RULING By this application filed on 3rd October, 2002, the plaintiff who had earlier filed suit for taking accounts and profits due after taking accounts now seeks to have the defendants defence filed…

…To support the application, the applicant attached an agreement between the parties by which it had been agreed to enter into a joint business venture and the applicant had invested shs. 3,000,000/= for which the respondent…

…The above mentioned a application was then before the Duty Judge as per the Order of this court dated 19.11.84.…

…The present plaintiff/applicant’s application is supported by the affidavit of its counsel annexed thereto.…

…The application is therefore proper.…

…On the court's assessment of the facts in this application, it is clear that the parties argued two injunction applications against each other.…

……………APPLICANT VERSUS SHAH……………………………..RESPONDENT RULING This is an application which has been brought seeking the review of this court’s order made on 1.12.89 striking out the plaint brought by the applicant on behalf of…

…The principles for the successful grant of a review are well settled and the two which are pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered…

…The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Companies Act.…

…The application is brought under order XXV r1 of the Civil Procedure Rules and s 401 of the Companies. Nothing specifically turns on the rules under which the application has been filed.…

…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…

…In the end the application hereby succeeds. The judgment is set aside. The defendant shall file and serve a defence within 14 days of today. The plaintiff respondent shall have the costs occasioned by this application.…

…NAIROBI CIVIL CASE NO. 3312 OF 1990 TITO KINYAMBU.........................................................PLAINTIFF VERSUS KAMSONS LIMITED.....................................................DEFENDANT R U L I N G This is an application…

…There is on record an application dated 18th and filed on 26th July, 1996 by the plaintiff where a review of the judgment was sought so that the interest should be at the same rate as that charged by Kenya Industrial Estates…

…The application was supported by the affidavit of Mr. Mungai Kamotho the defendant’s advocate.…

…I considered the application, plus the submissions of both learned counsel.…

…Kawaja for the respondent has opposed this application citing authorities to show that a consent order can only be set aside if there was fraud, mistake or misrepresentation. I agree with Mr.…

…What we have here however is not an application to set aside but to vary the order which was made by consent of the parties.…