Case law
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Division and case type: CivilCivil Case
…There is now before me an application by way of Notice of Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant…
Division and case type: CivilCivil Case
….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…
Division and case type: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…The defendant is granted costs of the Notice of Motion dated 13th July 2005. It is so ordered. Dated and delivered this 19th December 2005. MARY KASANGO JUDGE…
Division and case type: CivilCivil Case
…a notice of motion under order 35 rules 1, 2 and 3 of the Civil Procedure Rules.…
…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…
Division and case type: CivilCivil Case
…LIGHTING COMPANY LTD........................................PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice…
…of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal…
Division and case type: CivilCivil Case
…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 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: Environment and Land CourtMiscellaneous Application
…That wording party and party was not indicated in the prayers of' the Notice of motion Application dated 15th November 2021.…
…It is only indicated at grounds of the Notice of motion application dated 15th November 2021 and at paragraph 2 its Supporting Affidavit and the same was a typical error.…
Division and case type: Environment and Land CourtMiscellaneous Application
…From the court record, the written Submissions dated 13th January 2025, were filed by A.J Chesiyna & Co Advocates, which submissions on the face of it show that they were in respect of a Notice of Motion Application dated…
…of Motion Application dated 13th February 2024, to be allowed.…
Division and case type: Environment and Land CourtMiscellaneous Application
…[NOTICE OF MOTION DATED 3RD MARCH 2016] 1.…
…I have also perused the supporting affidavit by the applicant that was filed in support of the notice of motion and noted that though it has the signature presumably of the applicant it has not been commissioned before a…
Division and case type: Environment and Land CourtMiscellaneous Application
…I have considered the Notice of Motion dated 26.2.2024 and the Supporting Affidavit. The application was seeking amendment of the order made on 22.2.2023.…
…No order as to costs of Notice of Motion dated 26.2.2024. D. O. OHUNGO, J 2.5.2024…
Division and case type: Environment and Land CourtMiscellaneous Application
…[NOTICE OF MOTION DATED 2ND NOVEMBER 2023] 1.…
…This miscellaneous application was commenced vide the notice of motion dated 10th December 2020, that sought for orders inter alia that the respondent to vacate from the suit property; that court bailiff be authorised to…
Division and case type: Environment and Land CourtMiscellaneous Application
…The Notice of Motion dated 11th May 2023 was placed before KOROSS J on 22nd June 2023. The Judge directed that the same be canvassed by way of written submissions. 2.…
…The Applicants seek the following orders by their Notice of Motion dated 11th May 2023 and filed under Certificate of Urgency: 1) That leave be granted to the Applicants to file their Memorandum of Appeal out of time. 2)…
Division and case type: Environment and Land CourtMiscellaneous Application
…' By Notice of Motion dated 10th April 2024 but filed on 10th April 2025, the Applicant seeks the following orders: THAT this honorable court be pleased to endorse the certificate of costs issued on 18th January 2024 as Judgment…
…In view of the foregoing discourse, I find merit in Notice of Motion dated 10th April 2024.…
Division and case type: CivilCivil Case
…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…
…On the 1st December 1992 the plaintiff filed a notice of motion in which he sought summary judgment to be entered for him against the defendant.…
Division and case type: Environment and Land CourtMiscellaneous Application
…By a notice of motion dated 30.08.2023 field pursuant to Rule 11(1) of the Advocates (Remuneration)Order (ADO) and Section 3A of the Civil Procedure Act (Cap 21) the applicant sought an order setting aside the taxing officer…
…The court has perused the notice of motion dated 30.08.2023 and the material on record. The court is of the view that the following are the main issues which arise from determination herein; a.…
Division and case type: Environment and Land CourtMiscellaneous Application
…b) Who meets the costs of the Notice of Motion application dated 26th March, 2025?…
…Who will bear the Costs of Notice of motion application dated 26th March, 2025 38. It is now well established that the issue of Costs is at the discretion of the Court.…
Division and case type: Environment and Land CourtMiscellaneous Application
…'The Intended Appellants/Applicants herein filed a Notice of Motion Application dated 18th October 2019, wherein they sought for the following Orders; Spent Spent That this court be pleased to grant the proposed Appellants…
…However, by the time of writing this ruling none of the parties had filed any written submissions in respect of the Notice of Motion Application dated 18th October 2019.…
Division and case type: Environment and Land CourtMiscellaneous Application
…By a notice of motion dated 23.01.2023 expressed to be filed pursuant to Sections 3A and 63 (e) of the Civil Procedure Act (Cap 21), Order 40 rule 1 and Order 51 rule 1 of the Civil Procedure Rules and all enabling provisions…
…As a consequence, the notice of motion dated 23.01.2023 is hereby struck out with no order as to costs. It is so ordered.…