Case law
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Division and case type: Constitutional and Human RightsElection Petition
…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…
…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…This is a ruling on an application for joinder by the proposed interested party filed by Notice of Motion dated 3rd October 2016. The application for joinder is not opposed by the respondents.…
…The application had been filed in the name of the Rangers Court Welfare Association by Notice of Motion dated 16th September 2016, but it was subsequently withdrawn and refiled as Notice of Motion dated 3rd October 2016 in…
Division and case type: Environment and LandPetition
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: Constitutional and Human RightsElection Petition
…A relevant rule for the purpose of this Motion is rule 10 which states as follows: “10.…
…The other rule which is of great importance in this Motion is rule 14.…
Division and case type: Constitutional and Human RightsPetition
…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: Constitutional and Human RightsElection Petition
…The Court further heard that the petitioner then came to court and filed a notice of motion on 5.6.2003.…
…Further that the service of that notice of motion could thus be dispensed with but then the Court would give directions as to hearing inter partes.…
Division and case type: Constitutional and Human RightsPetition
…mistakes like what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to be corrected at any time on my own motion…
Division and case type: Environment and LandPetition
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: Milimani Commercial CourtsElection Petition
…Both learned counsel for the 1st and 2nd respondents and the 4th respondents respectively have moved the court by way of Notice of Motion to have the petition dismissed or struck out against the 2nd respondent and 4th respondent…
…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…
Division and case type: Constitutional and Human RightsPetition
….………….APPLICANT VERSUS ARAB AFRICA LIMITED………………………………………………RESPONDENT RULING By the motion filed on 8/5/91 in the court the applicant/debtor sought to move the court under section108 of the Bankruptcy Act and Rules 144 and…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: Constitutional and Human RightsPetition
…The Notice of Motion should therefore be dismissed.…
Division and case type: Constitutional and Human RightsPetition
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: Constitutional and Human RightsPetition
…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: Anti-CorruptionPetition
…The Petitioner in his Notice of Motion Application dated 3rd July, 2015 has sought for the following orders; a.…
…Together with the Petition he filed a Notice of Motion Application dated 8th July, 2014.…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: Constitutional and Human RightsElection Petition
…On 15.6.1998 the 2nd Applicant filed this application by way of a Notice of Motion to strike out and dismiss the notice of presentation of the petition and the petition itself upon the following grounds:- (a) The petition…
Division and case type: Constitutional and Human RightsPetition
…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…