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…The respondent contended that the application was seeking to curtail the respondent from carrying out its express statutory mandate. Held: 1.…

…The principles on which the court acts in such applications are now well settled.…

…He knew the plaintiff was proceeding with the suit and that being his only ground for alleging that the judgment should be set aside, his application must in my view fail.…

…As regards the 1st defendant, his application is based simply on the fact that he was never served with summons as alleged by Mr Okwatcho or at all.…

…of the Civil Procedure Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial Review application…

…Rakoro for Plaintiff opposes the application saying that while he was dismissed in 1990, he appealed in 1992 and appeal was dismissed in 1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of…

…Alongside the said plaint he filed an application by way of Chamber Summons for Injunctory orders. Upon that application the Exparte order aforesaid was obtained.…

…The 1st defendant was also restrained form conducting or holding any meeting of any kind whatsoever until the hearing of this application inter partes.…

…In support of this application is the affidavit of the first plaintiff, David M Gitao. The facts deponed therein are essentially as averred in the plaint.…

…A member wishing to appeal shall lodge his application with the Chief Executive in writing within thirty days of the date of the written notice suspending or terminating the membership................”…

…He was of course referring to applications for summary judgment under the English equivalent of our O. XXV but I see no reason why an application under O. XII r. 6 should not be similarly treated.…

…decide what is in his judgment the true construction applicable to applications Under Order III rule 6.…

…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…

…The quotation is contained in the HCC Misc Application 8 of 1997 Ex parte Johnson Knassnima Simiyu. The authority of Ex parte Kipngeno Arap Ngeny HCC Misc.…

…Defendants counsel opposes the application for adjournment and says that his client came from Embu and had to sleep in Nairobi overnight.…

…I refuse the application for adjournment and as plaintiff counsel says that he is not able to proceed with the suit in the absence of the plaintiff, I dismiss the plaintiffs suit under order 1XB rule 4 of Civil Procedure…

…I invoked order 17 r 10 CPR that reads:- “Where a judge is prevented by death, transfer or other cause from conducting the trial of a suit or the hearing of an application, his successor may deal with any evidence taken down…

…under the foregoing rules as if such evidence had been taken down by him or under his duties under the said rules and may proceed with the suit or application from the state at which his predecessor left it.”…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL CASE NO 2637 OF 1987 PIONEER GENERAL ASSURANCE SOCIETY LTD………………….PLAINTIFF VERSUS D W KARANJA…………………………………………………….DEFENDANT JUDGMENT This is an application…

…The affidavit of T G Kassam in support of the application and the annexture of correspondence since October 1977 to December 1977 make it abundantly clear that the allegation of sub-tenancy is a sham.…

…she is seeking: (1) A temporary injunction against Hilton; (2) A tracing order against Hilton; (3) An order against the second defendant to pay off the debt so that her jewellery can be released to her; and (4) Costs The application…

…Thirdly, if the court is in doubt, it will decide an application on the balance of convenience. EA Industries vs Trufoods [1972] EA 420.”…

…DEFENDANT J U D G M E N T The application filed herein on 5th July, 1995 by originating summons pursuant to Order XXXVI rule 7 of the Civil Procedure Rules seeks determination of the following questions namely; (1)Whether…

…The application was supported by an affidavit deponed to by the applicant and filed herein together with the same.…

…In the present application the supporting affidavit are annexed documents that undeniably show that the defendant Mohammed Shariff Nassar opened this particular account and at the time of opening the account he not only supplied…

…Costs of the application to the applicant. Dated and delivered at Mombasa this 2nd day of November , 1992 I.C.C WAMBILYANGAH JUDGE…

…On 22nd September, 1987, the plaintiff’s interlocutory application was heard interpartes before myself.…

…On 24th September, 1987, it was ordered that the hearing of the interlocutory application would be consolidated with the hearing of the main suit which was fixed for Monday, 28th September, 1987.…

…The plaintiffs have elected to institute this second suit to challenge the consent judgment entered and recorded in the first suit instead of making the necessary and requisite applications in the suit in which the consent…

…P. with whom the rest of the court agreed said that the consent judgment could be challenged in the suit itself and as I understand him, by an application for review under the order relating to that procedure.…

…The order read: “By consent parties to this application hereby undertake to cause no trouble to either side.…

…If and when the landlord or his agent wish to increase the rent or evict the applicant, legal steps will be taken by filing rent application to this Tribunal and without any rent order from this Tribunal the applicant shall…

…Plaintiffs counsel opposed the application for adjournment andthe court agreed with her and dismissed the application for adjournment.…

…I will therefore allow in part the application by chamber summons dated 5th March, 2007 and order as follows:- 1. This suit be and is hereby struck out. 2. Each party to bear its own costs of the suit.…

…The second defendant defaulted and on an application on behalf of the plaintiff an interlocutory judgment was entered against him. The first defendant entered an appearance and attended the trial.…

…The plaintiff produced Exh 3A being an application for entries held by the Registrar of Motor Vehicles and Exh 3B being the details thereof.…