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…The defendant has also filed a statement of grounds of opposition to the plaintiffs and application which I will.…

…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…

…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…

…In the circumstance we grant the application made on behalf of Esso to strike out the notice of appeal filed on July 22, 1980.…

…Mr Gautama opposes both these applications. We will refer to each Mr Singh, alive or dead, in the rest of this order by his first name only. We need to set out now the chronology of the matter so far.…

…Returning to rule 96 (ibid) the important words “legal representative” concern us in this application. Who is the legal representative of the late Ajit Singh?…

….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…

…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…

….…………………………..DEFENDANT RULING In this application which is by Chamber Summons the applicant is asking for the Orders prayed in the application.…

…I allow the application as per prayers 1,2,3, and 4 of the Chamber Summons dated 25.5.2000. Dated and delivered this 2nd October, 2000. KASANGA MULWA JUDGE…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…application.…

…The application is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…

…That the defendant is hereby restrained from acting upon the letter dated 5.1.89 (marked MA “C” and annexed to the plaintiff’s application) until further orders of this court. 3.…

…of 1982 RULING The applicant was duly served with the notice for the hearing of the application but did not attend as required.…

…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…

….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…The application is supported by the Applicants’ affidavit of 22nd September 2005 wherein he has sworn that he is registered as lessee for a term of 99 years of the suit premises.…

…The application is supported by an affidavit sworn by the objector and opposed on an affidavit sworn by the counsel for the respondent. The objector is the wife of the judgment debtor herein.…

…On 18/6/92 the stay application was dismissed and warrants reissued. On 7/8/92, the objector filed an objection to the attachment of the current vehicles, KZZ 658.…

…An application to set aside the judgement was filed on February 29, 1978 and on January 23, 1979, the originating summons 192 of 1979 was filed.…

…Where the application is granted the new party will not be prejudiced.…

…On 21t February, 1995 faced with all the three applications, counsel for both parties agreed that all the three applications namely: application for eviction filed on 23rd August, 1994, application for review filed on 26th…

…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…

…I have already said that an application under O. XVI rule 5 presupposes that the pleadings are proper.…

…I have already ruled that the application for dismissal of the suit for want of prosecution is premature.…

…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.…

…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.…

…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…