Case law
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Division and case type: CivilCivil Case
…Indeed that was the main plank in Mr Juma’s application before this Court.…
…We asked Mr Juma to elect before us on which application to proceed, namely Civil Application Nai 12 or Nai 13 of 1991, because only one application was listed before us.…
Division and case type: CivilCivil Case
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…
…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…
Division and case type: CivilCivil Case
…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…
…Thereafter, after a lapse of more than 4 years, the applicant has brought this application.…
Division and case type: CivilCivil Case
…According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law. When the application came up for hearing, the learned counsel for the Applicant Mr.…
…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…He has made this application to this Court for grant of bail pending entering of appeal under section 356 of the Criminal Procedure Code.…
…He allowed Motichand’s application saying inter alia “the prospects of the appeal to me to reach realm of overwhelming probability of success”.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPLICATION NO.…
…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CriminalCriminal Appeal
…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…
…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION NO. 88 OF 1982 BETWEEN PATRICK GATHOGO NJUGUNA............................1ST APPELLANT PAUL MUTURI MWANGI.......................…
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.) CRIMINAL APPEAL NO.
Division and case type: CivilCivil Case
…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…
Division and case type: CivilCivil Case
…The impact of the success of the plaintiff’s application was, inter alia, to have it restituted to the suit premises as per prayer NO. 4 in the said application. That order directly affected the applicant herein.…
…APPLICATION NO. NAI 15 OF 1990 (UR) VISHRAM HALAI & ANOTHER –VTHORNTON & TURPIN (1963) LIMITED & CIVIL APPLICATION NO. NAI 129 OF 1995 (57/95 UR) N;YALS (Kenya) Limited –vUnited Housing Estate Limited.…
Division and case type: Milimani Commercial CourtsCivil Case
…The main grounds for the application as expressed on the face of the application are as follows:- (i) That the defendant has not served the mandatory Statutory Notice under the Transfer of Property Act on the Estate of the…
…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…
Division and case type: CriminalCriminal Appeal
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…NO. 3840 OF 1987) *************** RULING This is an application under rule 4 of the Court of.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPLICATION NO.…
…Thereafter the applicant did not make any application to the same court for bail pending appeal to this court as he should properly have done in view of the provisions of s.361 (b) of the Criminal Procedure Code as read with…
Division and case type: CriminalCriminal Appeal
…(IN CHAMBERS) CRIMINAL APPLICATION NO.…
…NAI. 11 OF 1999 BETWEEN CALIB KIPROTICH SAWE...................................APPLICANT AND REPUBLIC.............................................RESPONDENT (An application to appeal out of time in the High Court of Kenya…
Division and case type: CivilCivil Case
…In support of the application Mr Le Pelley for the second defendant has drawn to the attention of the court the difference between state immunity and diplomatic immunity for which I am grateful.…
…For those reasons, I allow the application with no orders as to costs. I set aside the order made on 15.12.92 dismissing the second defendants application.…
Division and case type: CivilCivil Case
…a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…
…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn by applicant John Warui. The suit between the two parties arises from a Hire Purchase Agreement entered into by them on October 8, 1997.…
…In the affidavit in reply to the application, it is deponed that as at April 27, 2000 the applicant was in arrears of Kshs 1,896,075.…
Division and case type: CivilCivil Case
…Upon application he was allowed to submit in opposition of the application on the basis of the pleadings and the law only. In support of the application the plaintiff swore one affidavit.…
…This application was then rendered necessary.…