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…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…

…The substantive application, was heard by Kasango, J who dismissed the application discharged the 1st Defendant and released the security which had been given.…

…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…

…The substantive application, was heard by Kasango, J who dismissed the application discharged the 1st Defendant and released the security which had been given.…

…That this application be heard inter-partes on 29.8.95. 4. That the costs of this application do abide the outcome of the application.…

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

…The 2nd defendant did file a replying affidavit to this application through its legal manager. Another application was filed by Kenya Commercial Bank – (2nd defendant). The same is dated 30/5/2012.…

…The application dated 30/5/2012 raises a serious issue on Mr. Njiru's standing as an advocate at the time he filed the application dated 16/5/2012.…

…Miss Atinga, counsel for the respondent raised a procedural issue which I propose to grapple with before considering other aspects of the application.…

…The application is expressed to be brought under O.IXB rule 8 Civil Procedure Rules.…

…There was a further affidavit which he swore and filed on the morning of 24th May, 1989, the date this application came for hearing.…

…Two grounds were put forward in opposition of the application. The first ground was that the application is misconveived. The second one is that this Court lacks jurisdiction to entertain the application. Mr.…

…However, rule 4 of Order 39 of the Civil Procedure Rules is wide andenough and covers the present application. It is as follows:- "4.…

…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…

…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…

…That the cost of this application and of the suit be borne by the Plaintiff. The application is based on the grounds that – 1. The Plaintiff does not have authority to institute this suit in his own name. 2.…

…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…

…As for prayer (6) in the application, review of the ruling of this Court is sought.…

…When this application came before Kuloba, J on 7.8.2003 he declined to certify this matter as having merits to be heard during the Court vacation.…

…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…

…Kiveu pointed out that after the grant of the Letters of administration, the Applicant moved with expedition and filed the application for the revival of the suit and substitution as aforesaid.…

…The subsequent application for and procumbent of the Grant of Letters did not explain, nor did it prove that there was any sufficient cause from continuing the suit.…

…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…

…In her affidavit in support of the application, Lucy Wairimu Wamae depones that the plaintiff’s claim arises out of a contract agreement to transport milk and milk products.…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

…discharge voucher and certainly this is an argument which would as well raise a triable issue which cannot be disposed of by way of this application.…

…In my view this application is misconceived if not bad in law for trying to drag a third party into a case without following the relevant procedures.…

…I have studied the plaint and the affidavit to support the application and the annexed documents.…

…Consequently in exercise of the courts discretion and notwithstanding that the application the application which has no merit, I grant the injunction in terms of prayer No. 2 in the application until 30.11.96 on the following…

…Costs of the application.…

…hearing of this application.…

…I do not need to go outside the explicit terms of this order to determine this application. I find no merit in this application which to my mind is premature. I dismiss the application with costs to the Respondents.…

…The application was supported by an affidavit of Fredrick N.…

…I do not need to go outside the explicit terms of this order to determine this application. I find no merit in this application which to my mind is premature. I dismiss the application with costs to the Respondents.…

…The application was supported by an affidavit of Fredrick N.…

…I reiterate that the instant application seeks that the originating summons be struck out.…

…What a court must consider in an application like this is now settled by a long line of decided cases and summarized as follows in the case of D.T. Dobie & Company (K) Limited V.…