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…The grounds for the application are given on the face of the application as namely: a) THAT the Plaintiff/Respondent has failed to comply with the Consent Order of 8th May, 2008. b) THAT the order has not been varied or set…

…The application is supported by the affidavit of FIRDOSH EBRAHIM JAMAL, an Advocate on record for the Applicants. The application is opposed.…

…When the summons came upon for interpartes hearing the parties’ advocates agreed by consent not to argue the application but left it to this court to make a decision on the basis of the application and affidavits for or against…

…The plaintiff opposed this application stating that judgment was entered by consent on 6th March, 2003 and the defendant has not paid a single penny as a sign of good faith towards reducing the debt.…

…defendants who have not brought an application.…

…The court will begin by considering whether or not the application is defeated by the pleadings not being close.…

…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…

…The issues arising in this application are as follows:- 1.…

…This application was heard for two days. On the first day the applicantspresented the application. Their advocate, Mr Chege, put forward submissions in support of the application.…

…On that day he did not turn up at the place and the time when the application was supposed to be argued. The court waited for an hour but he did not appear.…

…The defendant is Anne Nyawacha Mwok-Handa – the respondent in the present application.…

…An ex-parte order was given out but it was subject to the application being heard inter-partes. This was done and, hence, this ruling. The application is opposed and very bitterly contested.…

…The court record shows that the last time this matter was in court was on 25th September 2002 and indeed, there it lay to sleep until the present application was filed.…

…Plaintiff’s counsel in submission stated that the 3rd defendants application was incompetent for failing to have a supporting affidavit.…

…Some applications were made in the course of waiting for the main suit to be heard.…

…The last of such application and which was relevant was the application dated 16.6.94 in which the applicants who are the plaintiffs were asking for leave that the 10 plaintiffs be allowed to file the suit on behalf of the…

…On the basis of that reasoning this court struck out the joint affidavit and with it also went the application it was supporting as without a supporting affidavit the application would not be in compliance with the provisions…

…The resultant effect is that being an incompetent plaint it cannot anchor a competent interim application. The interim application therefore has no base and cannot be sustained. iv.…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…The 1st Defendant vigorously opposes the application. He denies that there subsists a valid Taita Customary Law marriage between himself and the Plaintiff.…

…, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal.…

…Another requirement of that order nisi on the Garnishee is that the should attend the court on the application by the decree holder on October 23, 1990, and that the Garnishee pays to the decree holder the debt due from the…

…The decree holder has put in issue the fact that the garnishee had been given appropriate notice to appear in court on its application to show that it is not owing any money to the judgment debtor.…

…In opposition of the said application the defendant’s advocate has taken a preliminary point that the court has no jurisdiction to try this suit as it is instituted prematurely and in contravention of the Architects and Quanitity…

…The defendant’s advocate in the course of his submission did not argue that the court had no jurisdiction although it is there in his written statement of opposition to the substantive application.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Now I come back to the plaintiff’s application.…

…Having carefully considered all aspects of the application, I am not convinced that the balance of convenience is in favour of the plaintiffs.…

…This application is opposed by the Plaintiff.…

…On the whole, I am of the view that this application merely seeks to delay the course of justice. I dismiss it with costs to the Plaintiff. Dated and delivered at Mombasa this November 28, 1995 A.G RINGERA JUDGE…

…The above application was thereby provoked. 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.…

…Mr Kiambo did not think the application was competent. He raised a preliminary point that it was grounded on inadmissible without prejudice correspondence. He did not readily have authority to buttress his objection.…

…Credit Society Limited Sacco Annual General Meeting on the 7th of August, 1999 at KCCT Mbagathi or any other place thereof and or transacting any business thereof until final determination of this suit. c.THAT costs of this application…

…This application is found to be unmeritorious and the same is dismissed with costs to the respondents. Order accordingly. Delivered at Nairobi this 6th day of August, 1999. E. O. O'KUBASU JUDGE 6.8.99 Coram: E. O.…

…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…

…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…