Case law
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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: 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
…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
…(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: 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
…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.…
Division and case type: CivilMiscellaneous Application
…They therefore sought for the dismissal of the applicant's application with costs.…
…We indicated that the same shall be incorporated in our final ruling in respect of the entire application as is set out above and allowed the hearing of the said application to proceed.…
Division and case type: CivilMiscellaneous Application
…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…
…His present application does not seek extension of time within which to lodge the notice of appeal.…
Division and case type: CivilMiscellaneous Application
…(IN CHAMBERS)) CIVIL APPLICATION NO.…
…RESPONDENT (Application for extension of time to file an appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 17th March, 1998 in H.C.C.C.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO NAI 16 OF 1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS…
…for stay of execution pending an intended appeal from a judgment of the High Court of Kenya at Nairobi (Porter, J) dated 23rd November, 1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application…
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c