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…Thirdly, if the court is in doubt, it will decide an application on the balance of convenience.”…

…I will decide this application applying the above principles.…

…Mwihia applied to the court to withdraw the application. Mr.…

…Ngatia has objected to this cause on the ground that the application has been argued on the basis of preliminary objection and therefore and therefore the application must be dismissed. I agree with Mr. Ngatia.…

…On its part the Plaintiff has opposed the application upon the grounds that the application is misconceived and otherwise overtaken by events; that the particulars requested for cannot be properly sought in view of the pleadings…

…It is to be noted that this letter featured in an application by notice of motion dated 12th March, 2003 in which the Plaintiff sought judgment on admission against the Defendant based on the said letter.…

….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

…DEFENDANT RULING Sam and Chase (K) Ltd, the 2nd defendant/applicant herein in this chamber application prays for: 1. An order staying the execution of the decree issued by the court on April 7, 1986. 2.…

…I have considered the second defendant’s application and in my view it must fail. The second defendant became indebted to the plaintiff way back in May 1984.…

….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depending…

…In particular the court will have to be told the possible effect of this on the 3 pending applications and the entire suit. Dated at Mombasa this 16th day of December 2010. M.K. IBRAHIM J U D G E…

…“If no affidavit and no statement under sub rule 1 is filed an order may be made on the application ex parte.” I accordingly gave summary judgment to the plaintiff as prayed in the plaint.…

…Unless the directors of the objector, who had been parties to the application which culminated in that ruling, succeeded on appeal and had that ruling set aside I am bound to find and hold that objection against the attachment…

…This application is based on the affidavit sworn by the first plaintiff on the same day and annexed to the said application.…

…Those prayers are the basis for the application under order XXXIX rule 1 and 2 aforesaid.…

…Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs of the application to be provided for.…

…The application is supported by the affidavit of the applicant, Salmon Odhiambo Obilo and there is a replying affidavit.…

…Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs of the application to be provided for.…

…The application is supported by the affidavit of the applicant, Salmon Odhiambo Obilo and there is a replying affidavit.…

….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

…There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit in support of the application…

…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…

…LIMITED.........................................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application…

…originating summons by the High Court, in the High Court Civil Case No 2411 of 1979 (OS), at Nairobi, the instant originating summons, which was also started at Nairobi but in due course was transferred here, is barred by the application…

…The present respondents in the instant application are two only, namely Willys Gantinku Mukobwa and Robert Njogu.…

…LIMITED.........................................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application…

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

…The Plaintiff’s advocate had completed dealing with the issue of representation when he filed the application of 10th December, 2008. The said application was partially abandoned on the issue of stay of execution.…

…II: Application 10th December, 2008 On the setting aside the courts dismissal orders . 5.…

…Cockar, J, as he then was, on 24.5.89 dismissed that application saying there was no merit in the application to set aside arbitrator’s award. That was a clear decision following on the award of the elders.…

…Whose misconduct is the application complaining about if the complaint is against one member only? Furthermore, the application was not served upon the said Arbitrator as required under Rule 19.…