Case law
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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: High Court CriminalCriminal Appeal
…I have perused the notice of motion dated 3rd October 2024, the affidavit in support thereof and the enclosures therein and I do note that the Applicant was sentenced on 25.9.2024 in Maseno SPM Cr. Case No.…
…Given that the Applicant has miscomprehended his sentence, his appeal herein and this application are all premised upon the said miscomprehension of facts wherefore I do hereby summarily dismiss the appeal herein and the notice…
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: CriminalCriminal Appeal
…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…
…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…
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: High Court DivCriminal Appeal
…Consequently, the said Advocates prepared and filed a Notice of Motion dated 18th June 2026, pursuant to Section 357(1) of the Criminal Procedure Code , seeking his admission to bail pending an appeal, annexed and marked…
…Consequently, there was no substantive appeal upon which the Notice of Motion dated 18th June 2026 could be legitimately based. 5.…
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: High Court DivCriminal Appeal
…The petition of appeal was followed by the application for stay vide the Notice of Motion dated 5th November 2025 anchored on Articles 50, 159[a] and 165[3][e][6] and [7] of the Constitution of Kenya 2010 and Section 354…
…The grounds for the application are set out in the body of the Notice of Motion upon which the Applicants pray for the following main orders: - 5.…
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: High Court DivCriminal Appeal
…Before this Court for determination is the Notice of Motion dated 17th February 2025 brought by the Appellant pursuant to Articles 25(c), 47, 48 and 50 of the Constitution, Sections 358 and 359 of the Criminal Procedure Code…
…Having considered the Notice of Motion, the supporting affidavit, the submissions by counsel, section 358 of the Criminal Procedure Code and the applicable authorities, I am satisfied that the Applicant has established sufficient…
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.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Notice of Motion application 16th September, 2024 and the Notice of Preliminary Objection dated 8th October, 2024.…
…Who will bear the Costs of Notice of Motion application 16th September, 2024 and the Notice of Preliminary Objection dated 8th October, 2024. 34.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Before this Court is the Plaintiffs/Applicants’ Notice of Motion Application dated 11th December 2025, brought under Articles 50(1) and 159(2)(d) of the Constitution of Kenya, Sections 1A, 1B and 3A of the Civil Procedure…
…Having considered the instant Notice of Motion Application, the Supporting Affidavit and the material on record, the sole issue arising for determination is whether the Applicants have established sufficient cause to warrant…