Case law
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Division and case type: CivilCivil Suit
…High Court 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 filed on November 15, 1983, states: “... shall be made to run from the date of receipt of the complete record from the High Court, with liberty to apply for further extension.”…
Division and case type: Environment and Land CourtMiscellaneous Application
…'[NOTICE OF MOTION DATED 30TH JANUARY 2025] 1. The Interested party moved the court through the notice of motion dated 30th January 2025, seeking for the following orders: 1.…
…a notice of motion after leave is granted; that Order 53 Rule 4 (2) of the Civil Procedure Rules only allows amendment of a statement and not the notice of motion; that after the appeal over the judgment herein was heard…
Division and case type: Environment and Land CourtCivil Suit
…This is a ruling in respect of a notice of motion dated 18th November, 2025 in which the Plaintiffs/Applicants seeks the following orders: 1) Leave be granted to the Plaintiffs/Applicants to amend the application dated…
…11th November, 2025 in terms of the draft amended notice of motion annexed hereto. 2) The said draft amended notice of motion annexed hereto be deemed as duly filed and served upon the Respondents. 3) The costs of the…
Division and case type: Environment and Land CourtCivil Suit
…The Notice of Motion application dated 16 th February, 2026 by the Plaintiff/Applicant 3.…
…The Notice of Motion Application dated 18 th February, 2026 by the Defendant 7.…
Division and case type: High Court CivilCivil Suit
…of Motion Application.…
…of Motion.…
Division and case type: Environment and Land CourtCivil Suit
…This ruling is in respect of two applications: the Plaintiff’s Notice of Motion dated 8th September 2023 and Chamber Summons dated 18th October 2023.…
…In the end, I make the following orders: Notice of Motion dated 8th September 2023 is struck out for being res judicata.…
Division and case type: High Court CivilCivil Suit
…The first application is the Notice of Motion dated 22/1/2026. It was filed by the Plaintiff.…
…Consequently, I direct that the Notice of Motion and the Notice of Preliminary Objection both dated 10/2/2026 be canvassed together by way of written submissions.…
Division and case type: Environment and Land CourtCivil Suit
…[NOTICE OF MOTION DATED 26TH JANUARY 2023] The applicant moved the court through the notice of motion dated the 26th January 2023 seeking for inter alia, leave to amend the application dated the 15th September 2022 as per…
…The court has been moved by the applicant who desires to amend the notice of motion dated the 15th September 2022 in the manner proposed in the attached draft.…
Division and case type: Environment and Land CourtCivil Suit
…The fourth application is the 1st Defendant’s Notice of Motion application dated 4th June, 2025, seeking the following orders: a. Spent b.…
…Whether the Plaintiff’s Notice of Motion application dated 24th February, 2025 is merited? b. Whether the 1st Defendant’s Notice of Motion application dated 4th June, 2025 is merited? 26.…
Division and case type: Environment and Land CourtCivil Suit
…Before the Court are two Notices of Motion filed by the Plaintiffs/Applicants.…
…THE NOTICE OF MOTION DATED 23 RD FEBRUARY 2026 2. The Plaintiffs/Applicants filed a Notice of Motion dated 23 rd February 2026, seeking leave of the Court to re-amend their plaint.…
Division and case type: Environment and Land CourtCivil Suit
…RULING By a Notice of Motion dated 18th December, 2023, Rhoda Wachuka Kiiru (1st Defendant/Applicant) prays for the following orders:Spent.…
…I have similarly perused and considered the 1st Defendant’s Notice of Motion dated 18th December 2023.…
Division and case type: Environment and Land CourtCivil Suit
…Before the Court for determination through this ruling are two applications: the Defendant’s Notice of Motion dated 22nd April 2025, and the Plaintiffs’ Notice of Motion dated 23rd September 2025.…
…I find that the Court is also functus officio as regards Notice of Motion dated 22nd April 2025.…
Division and case type: Environment and Land CourtMiscellaneous Application
…I have considered Notice of Motion dated 10th January 2024, the supporting affidavit and submissions by counsel for the Applicant. I note that the application is unopposed.…
…I find merit in the Notice of Motion and hereby enter judgment in favour of the Applicant for the above stated sum together with interest at court rates. The Applicant shall also have costs of the Notice of Motion.…
Division and case type: High Court CivilCivil Suit
…The first issue is whether the Notice of Motion dated 06th May 2026 has been overtaken by events. 13. The Respondents contend that the Notice of Motion has been overtaken by events.…
…Consequently, the Notice of Motion dated 06th May 2026 is hereby dismissed.…
Division and case type: Environment and Land CourtCivil Suit
…By Notice of Motion dated 14th October 2022, the plaintiff seeks an order that the suit against the second defendant be reinstated for hearing. I have considered the application and the supporting affidavit.…
…I find merit in Notice of Motion dated 14th October 2022 in so far as it concerns the suit against the second defendant.…
Division and case type: Environment and Land CourtCivil Suit
…[NOTICE OF MOTION DATED 29TH AUGUST 2024] 1. The applicants have filed two amended notices of motion both dated 29th August 2024. The first one was filed on 30th August 2024 and the second on 11th September 2024.…
…The amended notice of motion dated 29th August 2024 and filed on the 11th September 2024 seeks for inter alia orders that; a. That the firm of Khatib & Co.…
Division and case type: Environment and Land CourtCivil Suit
…(In respect of the Notice of Motion application dated 2nd December 2025 seeking amendment of the decree issued on 23rd July 2025 pursuant to Section 99 of the Civil Procedure Act) Introduction 1. …
…This ruling pertains to the Notice of Motion dated 2nd December 2025, filed by the Plaintiff/Applicant, Oloipoi Soine Oloibor Olgos, through the firm of Naikuni, Ngaah & Miencha Company Advocates.…
Division and case type: High Court CivilCivil Suit
…This Ruling relates to the Notice to Show Cause why this suit should not be dismissed for want of prosecution and the Notice of Motion dated 5/2/2026 seeking leave to serve the 1 st and 2 nd defendants through substituted…
…This Court allowed counsel to file the application for substituted service and an affidavit as to why this suit should not be dismissed for want of prosecution. Notice of Motion 4.…
Division and case type: Environment and Land CourtCivil Suit
…DEFENDANT/APPLICANT MIKE JULIUS KING’OO...........................................INTERESTED PARTY RULING Introduction This is a ruling in respect of a notice of motion dated 15th May, 2025 in which the Defendant/Applicant…
…On 16th May, 2024, the Applicant’s advocate applied for leave to file an amended notice of motion. The leave was granted to amend the notice of motion dated 7th September, 2023.…
Division and case type: Environment and Land CourtCivil Suit
…In any event, the Defendant/ Applicant later filed a Notice of Motion Application still on the same issue of resjudicata.…
…The upshot of the foregoing is that the instant Notice of Motion Application dated 17th April, 2023, is found merited and consequently, this Notice of Motion is allowed entirely in terms of prayer No. 1, as the court has…