Case law
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Division and case type: CivilCivil Appeal
…On 28th October, 1993, M/S Khaminwa & Khaminwa, Advocates, filed on behalf of the two applicants, a notice of motion under a certificate of urgency seeking an order for committal to prison of the then corporation’s Managing…
…Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence. 3.…
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name of the Rangers Court Welfare Association by Notice of Motion dated 16th September 2016, but it was subsequently withdrawn and refiled as Notice of Motion dated 3rd October 2016 in…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: CivilCivil Appeal
….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules. 2.…
…On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess.…
Division and case type: High Court CivilCivil Appeal
…RULING I have considered the Appellant’s notice of motion dated 23rd October 2023 brought under the provisions of Order 45 of the Civil Procedure Rule 2010, Sections 1, 3, 49 and 100 of the Civil Procedure Act and Articles…
…of motion dated 6/7/2023 are hereby reinstated with no orders as to costs.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules. 2.…
…On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess.…
Division and case type: High Court CivilCivil Appeal
…For reasons stated therein, am satisfied that the Notice of Motion of even date merits admission for hearing during the court\'s recess. It is so admitted.…
…Upon considering the Notice of Motion dated 30th August 2024, the grounds relied upon and the supporting affidavit, i make orders as follows; 1. The application be served forthwith. 2.…
Division and case type: CivilCivil Appeal
…Nevertheless he proceeded to hear the same application de novo, granted leave to file the already filed Notice of Motion out of time and ordered its hearing on priority basis.…
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Before the Court is a Notice of Motion dated 05th May 2025, brought under Sections 1A, 1B, and 3A of the Civil Procedure Act, and Order 8 Rules 3(5) and 5, as well as Order 51 Rule 1 of the Civil Procedure Rules.…
…The primary issue for determination is whether the Court should grant leave to the Appellant to amend the Notice of Motion dated 14th February 2025. Analysis and determination 5.…
Division and case type: High Court DivCivil Appeal
…I have considered the Notice of Motion dated 5/8/2025 filed by the respondent craving for admission of its other motion of even date for hearing during this court’s vacation.…
…This court cannot sit on its own appeal and is functus officio as regards the respondent’s Notice of Motion dated 1.8.2025 that lacked a supporting affidavit. 2.…
Division and case type: High Court DivCivil Appeal
…The Respondent moved to court through a Notice of Motion in CMCC No.…
…I have seen documents attached to the Notice of Motion under consideration. I have also read the Memorandum of Appeal filed herein and considered the submissions by the Appellant.…
Division and case type: High Court CivilCivil Appeal
…That the learned magistrate erred in law by holding that the application by notice of motion dated the 23rd July 2023 is a pleading and by then finding that the Appellant had pleaded interest at the rate of 123% per annum…
…According to the Appellant, contrary to the finding by the trial court, a notice of motion application is not a pleading.…
Division and case type: High Court DivCivil Appeal
…The 1st Respondent herein filed a preliminary objection (PO) to the Appellant’s Notice of Motion application dated 28th January 2025.…
…the Notice of Motion application dated 23/1/2024 filed in Mavoko CMCC case No 473 of 2023.…
Division and case type: High Court DivCivil Appeal
…Afterwards, the plaintiffs filed a notice of motion application under a certificate of urgency dated 19 th August 2023.…
…In response to the notice of motion of application, the defendants filed a replying affidavit dated 5 th October 2023. The defendants urged the court to dismiss the notice of motion application for want of jurisdiction.…
Division and case type: High Court DivCivil Appeal
…This matter is coming up for ruling on the Notice of Motion dated 15th January 2026 .…
…However, upon a careful perusal of the court record, this court notes that the Notice of Motion dated 15th January 2026 had already been dismissed by Hon. Lady Justice M. S.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Summons dated 14Th August 2026, supported by an affidavit of Awinja E Odera, and premised upon Rules 15,16 and 17 of the High Court (Organization & Administration) (General) Rules 2016, wherein he craves for admissions of…
…his Notice of Motion of even date for hearing during the High Court vacation. 2.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Whereas the appellant's Notice of Motion dated 4.8.2026 was slated for hearing on 29.9.2026, the appellant has since filed a notice of withdrawal of the same dated 10th August 2026, which notice is hereby adopted as a ruling…
…of this court, wherefore the said notice of motion dated 4th August 2026 is hereby marked as withdrawn with no orders as to costs.…
Division and case type: High Court CivilCivil Appeal
…I have considered the Notice of Motion dated 28th November 2025 in the absence of the parties.…
…Under the circumstances, I order that the Notice of Motion application dated 28th November 2025 be served on the respondents forthwith for a hearing interpartes on 3rd December 2025, and that the plaintiff/applicant do file…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…and Administration Act No. 27 of 2015 & Rule 17 of the High Court (Organization and Administration) General Rules, 2016 - Part Ill Disposal of urgent and Priority Matters During Recess, wherein they crave for admissions of…
…their Notice of Motion of even date for hearing during the High Court Recess. 2.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…This ruling is in respect to two applications, namely the Notice of Motion dated 14th November 2025 filed by the 4th Respondent and the Notice of Motion dated 19th November 2025 filed by the 2nd Respondent.…
…Accordingly, I make the following orders: a) The Notice of Motion dated 14th November 2025 is dismissed. b) The Notice of Motion dated 19th November 2025 is dismissed. c) The interim orders of stay, if any, are hereby discharged…