Case law
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Division and case type: Constitutional and Human RightsPetition
…must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time without leave…
…of court being sought and obtained as stipulated in Section 79G of the Civil Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43…
Division and case type: Environment and Land CourtPetition
…A party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court. 15.…
…The Petitioners filed a further amended Petition on 20 th May, 2025 pursuant to leave of court issued on 30 th October, 2023. The proposed amendments herein are demonstrated in the attached draft marked Exhibit “PMS-3”.…
Division and case type: Environment and Land CourtPetition
…breach of the provisions of Section 75 of the Civil Procedure Act as read together with the provisions of Order 43 Rule 1 of the Civil Procedure Rules Cap 21; 3) The 3rd Respondent and the 1st Interested Party did not seek Leave…
…of Court in their Application dated 08.04.2025 in order to lodge an appeal against the Ruling delivered on 08.04.2025 in respect of the Garnishee Application dated 22.04.2024 whereas an appeal against such orders of the…
Division and case type: CivilCivil Case
…Considering the filing of an amended Memorandum of Appeal, according to 0.41 r.1B, a party may amend the Memorandum of Appeal at any time without the leave of court before the court gives directions under 0.41 r.8B - i.e.…
Division and case type: Environment and Land CourtPetition
…Thus it is clear from earlier decisions that the default manner of disposal of petitions is by way of affidavit evidence and written submissions, and though it is within the right of a petitioner to apply for leave of court…
Division and case type: Environment and Land CourtPetition
…That the Petitioners/Applicants herein had filed the Chamber Summons application out of time despite being served with the reasons and it had been without the leave of court hence making the application incurably defective…
…If dissatisfied with the High Court, the objector shall with leave of court appeal to the Court of Appeal. 41. …
Division and case type: Environment and Land CourtPetition
…Consequently, and in the absence of such leave of court as provided by the law, the application by Notice of motion under certificate of urgency dated the December 13, 2019 filed by the firm of M/s.…
…For an Advocate or a party coming on record post judgment, they ought to either first seek leave of court by way of a formal application or obtain consent from the outgoing counsel.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is alleged they were breached thereby grieving the defendants who rightly sought leave of court to institute contempt proceedings which leave been upheld by this court in another ruling and it is in place.…
Division and case type: Environment and Land CourtPetition
…The Judgment of this Honorable Court is a further and/or reviewed one following an application for leave of Court filed by the 2nd Respondent herein.…
…In the course of time the 1st, 2nd, 3rd, 4th, 5th, 6th & 7th Interested Parties herein sought leave of this Court and were joined as parties to the suit accordingly.…
Division and case type: Environment and Land CourtPetition
…The Petitioners with leave of Court granted on 2nd July, 2025 filed their submissions dated 27th June 2025 while the Respondent filed their submissions dated 11th June, 2025.…
Division and case type: Environment and Land CourtPetition
…However, the case was reopened at the instance of the 1st -4th respondents who subsequently filed their responses and submissions with leave of court.…
Division and case type: Environment and Land CourtPetition
…However, based on leave of court he was supplied with copies of the registration documents by the Advocate for the 3rd Respondent. Be that as it may, the Court was able to note several inconsistencies from these copies.…