Case law
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Division and case type: CivilMiscellaneous Application
…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
Division and case type: CivilMiscellaneous Application
…This amendment has been criticised by the High Court in High Court Civil Application No 790 of 1993 in which Bosire, Mbogholi and Oguk JJ have held that the present amended rule 1 which says that an application for an order…
…of mandamus, prohibition or certiorari shall be made by an application for judicial review in accordance with the new provisions of order 53 and without obtaining leave before the application is made is ultra vires of section…
Division and case type: CivilMiscellaneous Application
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
Division and case type: CivilMiscellaneous Application
…The Deputy Registrar of this court is entitled to be heard on any such application and Mr Alvel Singh exercised his right.…
…I would refuse to review it even if I were satisfied that, this was a proper application for review.…
Division and case type: CivilMiscellaneous Application
…Adan v Business Premises Rent Tribunal; Njogu & another (Interested Parties) (Miscellaneous Application E167 of 2025) [2025] KEHC 19177 (KLR) (Judicial Review) (22 December 2025) (Ruling) Neutral citation: [2025] KEHC 19177…
…(KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW MISCELLANEOUS APPLICATION E167 OF 2025 RE ABURILI, J DECEMBER 22, 2025 IN THE MATTER OF:- AN APPLICATION BY HUSSEIN MOHAMED ADAN…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…From the Bill of Costs, the applicant had indicated that the hearing of the application lasted an HOUR.…
…APPLICATION NO. 1847 OF 2002 at page 4; "It is the Plaintiff to decide how it pleads or makes its claim.…
Division and case type: ELRCMiscellaneous Application
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
Division and case type: CivilMiscellaneous Application
…APPLICATION NO. 494 OF 2003 DOMINIC ARONY AMOLO……………………….……..……..PLAINTIFF V E R S U S THE HON.…
…Imanyara for the Applicant says that Limitation Act does not apply to the provisions of Constitution regarding Fundamental Rights and that the application as made under Section 84 of the Constitution renders Cap 22 inconsistent…
Division and case type: CivilMiscellaneous Application
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…emanating from the application.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…The background to the application is familiar and can be shortly summarized.…
…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…
Division and case type: CivilMiscellaneous Application
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…
Division and case type: CivilMiscellaneous Application
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…He made this application on 13th September, 1994 - about one month after his return to his office.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…An authorised agent of KENYAC signed that application form, being a chargee in exercise of its power of sale. The same application is also signed by the purchaser.…
…That being so, when the application for consent was placed before the Board, it had both the power and the statutory duty to order attendance of the applicant or of any person interested in or affected by that application…
Division and case type: CriminalMiscellaneous Application
…ZAKARIA MUIGAI GAKIBE CIVIL APPEAL NO. 199 OF 1996 (unreported) where, in a suit for specific performance of an alleged contract to purchase land, an application for extension of time within which an application for consent…
…In my view, that decision is clearly distinguishable from the facts obtaining in the present case.Here, an application for an injunction had been made to the learned Judge and he held "the application for injunction based…
Division and case type: CivilMiscellaneous Application
…That having been said, it cannot be gainsaid that the delay in filing the application for extension is not great, the period expiring on 22nd August and the application being filed on 7th September, some 16 days later.…
…In KAWUKA v KARIM 5 [1937] EACA, 37, for instance, the delay in filing the application was nearly 3 years.…
Division and case type: CivilMiscellaneous Application
…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…
…I have carefully considered this application and the submissions of both counsels.…
Division and case type: CivilMiscellaneous Application
…CIVIL APPLICATION NO. NAI. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU ................................. APPLICANT AND UNITED FINANCE LIMITED ............................…
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & BOSIRE, JJ.A) CIVIL APPLICATION NO. NAI 314 OF 1999 (122/99 UR) BETWEEN JOHN KIPKEMBOI KILEL .........................................…
…Consequently ex parte judgment in default of defence was entered on the application of the respondent, Diamond Trust Bank Kenya Ltd.…