Case law
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Division and case type: CivilCivil Suit
…The applicant also asks for the costs of and incidental to this motion on notice. All this is resisted by the respondent.…
…Rule 42 states that all applications to this court shall be by motion and the grounds for them must be specified in the motion and the applicant has conformed to this rule.…
Division and case type: CivilCivil Suit
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: CivilMiscellaneous Application
…1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion…
…Registrar, who was in court, and the affidavit by leaving it with him, when he granted a temporary injunction restraining the respondent from disposing of two pictures, one a Raphael and one a Titian, when he dealt with a motion…
Division and case type: CivilCivil Suit
…at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion…
Division and case type: ELRCMiscellaneous Application
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: CriminalMiscellaneous Application
…NO. 99 OF 1996) **************** R U L I N G There is before me a motion on notice under rule 4 of the Rules of this Court (the Rules) seeking an extension of time to file and serve a notice and a record of appeal from the…
…On 6 November, 1997 the applicant filed the present notice of motion. It was contended on behalf of the first, second and third respondents (with Mr.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 450 OF 1988 L VADGAMA ……………………………..APPLICANT VERSUS ARYA SAMAJ………………………………DEFENDANT RULING The defendant Arya Samaj has moved this court by motion on…
…The application is one which was supposed to be brought by summons while the former was supposed to be by motion.…
Division and case type: Milimani Commercial CourtsCivil Suit
….……………………………………..6TH DEFENDANT R U L I N G The application is a notice of motion dated 19th June, 2008. It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules.…
…Order L Rule 1 of the Civil Procedure Rules provides that any application to court may be filed by motion where the rules do not expressly provide for a different procedure.…
Division and case type: CivilCivil Suit
…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…
…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…
Division and case type: Milimani Commercial CourtsCivil Suit
….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…
…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…
Division and case type: CivilCivil Suit
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…
Division and case type: CivilMiscellaneous Application
….…….DEFENDANT R U L I N G The Originating Notice of Motion dated 22.4.2003 is filed by a former military personnel who was Court martialed as a result of a failed military coup in Kenya in 1982.…
…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…
Division and case type: CivilMiscellaneous Application
…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…
…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…
Division and case type: CivilCivil Suit
…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…
…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…
Division and case type: CivilMiscellaneous Application
…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…
…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…
Division and case type: Environment and LandCivil Suit
…Against the foregoing background information as gleaned from the pleadings of both parties, the Plaintiffs have filed an interim application by way of notice of motion dated 29th June 2007 and filed the same date.…
…They each rose through different ranks and as at the time events leading to this proceedings, were set in motion, each of them was holding a post of a managerial rank as outlined herein. (2) In the year 2002, the Defendant…
Division and case type: CivilMiscellaneous Application
…We accordingly dismiss the preliminary objection and proceed to determine the question raised by the Notice of Motion filed on 26th March, 1984. Dated at Nairobi this 17th day of April, 1984.…
Division and case type: CivilCivil Suit
…For myself, I should be very slow to make any such order on motion, though in a clear and compelling case there is no doubt jurisdiction to do so. I do not think that this is a case of that sort.…
…On the facts as they stand before me on motion I will say only that I am not satisfied that this is a case for an interlocutory injunction”. The said observations of Magary J do adequately apply to this case.…
Division and case type: CivilMiscellaneous Application
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
Division and case type: CivilMiscellaneous Application
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…