Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Their Lordships held; “A prima facie case in a civil application includes but is not confined to a “genuine and arguable case”.…
…The 2nd defendant was duly served with this application; he even attended court at the hearing of this application but did not say anything.…
Division and case type: CivilCivil Case
…The present application was filed on the 14th March, 1997. There was no sort of delay whatever and the application is not opposed.…
…I allow the application and order that the notice of appeal be filed within 7 days of the date hereof and served upon the respondents within a further seven days from the date of filing.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is brought by the plaintiff against the defendant.…
…Hence this suit and application.…
Division and case type: CivilCivil Case
…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…
…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…
Division and case type: CivilCivil Case
…The succeeding advocate then filed an application asking the court to set aside the default judgment so that the defendant could file its defence. Held: 1.…
…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…
Division and case type: CivilCivil Case
…Chacha that the 2nd Defendant was obliged to bring a formal application to have her preliminary objection argued. The Notice that was filed and served was satisfactory.…
…It is unnecessary for an objector who relied on a pure point of law to file a formal application. He is not interested in the facts; he does not dispute that claim against him.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…It is with these principles in mind that I have to consider an application brought under certificate of urgency by the defendant in this case.…
…It is now the plaintiff’s case that circumstances surrounding the case between December 1996 when he brought his first application and 19.5.95 when he filed the present application have changed so drastically that if the…
Division and case type: CivilCivil Case
….…………..RESPONDENTS RULING This application is brought by Chamber Summons under Order IXB rule 8 and O XXI rule 22 Civil Procedure Rules. The applicants are the defendants in the suit.…
…Thirdly, that provision be made for the costs of the application. The applicants essentially beg this court to exercise its judicial discretion in their favour.…
Division and case type: CivilCivil Case
…It has also asked that the costs of this application be provided for.…
…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…
Division and case type: CivilCivil Case
…Secondly, the plaintiff/applicant asked for the costs of the application. The application was supported by the affidavit of Peter Njenga, the plaintiff himself.…
…This is the basis on which this application has been brought to court asking for an injunction to restrain the Defendant/Respondents from borrowing further sums of money using their security.…
Division and case type: CivilCivil Case
…The plaintiff contends that this term should have been abided by had the plaintiff only signed the loan application form from the plaintiff’s financier - the Premier Savings & Finance Limited of Mombasa, which, he asserts…
…I would be constrained to grant the injunction sought by this application.…
Division and case type: Milimani Commercial CourtsCivil Case
…That the costs of this Application be borne by the Defendant in any event. 2.…
…Prayers Numbers 1 and 2 of the application have been dispensed with, and these submissions respect pursuit of prayers numbers 3 and 4 of the plaintiff’s application only.…
Division and case type: CivilCivil Case
…The plaintiff at once filed an application on summary judgement. They were able to demonstrate that the defendants were officially appointed as agents through an agreement marked “FNG1”.…
…I hereby allow this application for summary judgement of Ksh.803,377/- as prayed. The defendants had not filed a counter-claim.…
Division and case type: CivilCivil Case
…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…
…Gikandi for the Plaintiffs abandoned the application as regards the 2nd Defendant, B.R. Patel.…
Division and case type: CivilCivil Case
…Mr Obhrai who appeared on behalf of the Council in this application argued several points in support thereof.…
…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…
Division and case type: Milimani Commercial CourtsCivil Case
…good faith and that the plaintiff is abusing the court’s process The plaintiff filed a plaint, and simultaneously filed an injunction application on 23rd June 2003.…
…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…
Division and case type: CivilCivil Case
…During the hearing of the application no disclosure was made whether or not the initial lease was in writing.…
…The landlord on 14/2/91 filed an application for discharge of the ex parte order of 12/2/91. The two application have been heard together.…
Division and case type: CivilCivil Case
…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…
…He adduced further reasons in support of the application during the hearing. Mr.…