Search court decisions

…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…

…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…

…The documents filed on behalf of the petitioner in response to the application have not shown any admission of liability on behalf of the company. Invoices alone do not prove any indebtedness.…

…In the application and affidavit, they do not show they are prepared to return the goods.…

…The application is made vide order 1XB rule 8 of Civil Procedure Rules s 3A of the CPA is 11 and s 108 of the Bankruptcy Act.…

…However no technical injection was raised to the application and the application has been argued on its merit and it is just then that I take at defect as ----------------------------------------.…

…The Petitioner in his Notice of Motion Application dated 3rd July, 2015 has sought for the following orders; a.…

…In support of the application, Mr.…

…The application has been opposed by the debtor on the ground on the ground that the application is premature.…

…I could find no provision, nor was any brought to my attention, to bring the debtors case within the exception to the application of the above section.…

…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…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.…

…with legal capacity to sue and be sued and therefore incapable of filing such an application and consequently one which cannot participate in this constitutional petition.” 2.…

…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…

…The order can be rescinded if application made promptly and before the order is perfected.…

…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…

…The facts leading to this application are not seriously in dispute. The parties hereto have had business dealings.…

…interval between the Service and the Interparte hearing of the application.…

…The requirement regarding the statement of the affairs of the Company is deferred until after and subject to the final order on this application.…

…It was also seen from the record that the applicant made a similar application to one before this court and that application was heard by my brother Justice Githinji on 25/4/91.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…

…Though the Application for leave under Order 53 (1) is ordinarily made ex parte, this court ordered that the same be heard interpartes.…

…to entertain the Application.…

…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…

…By 18th July 1996 when the application came before me for hearing the petition had been advertised and the petitioner had satisfied the Registrar that it had complied with the winding up Rules as it was required to do by…

…Though the Application for leave under Order 53 (1) is ordinarily made ex parte, this court ordered that the same be heard interpartes.…

…to entertain the Application.…

…Civil Application No. 10 of 2022, Onyango Otunga & Company Advocates v George Ogolla. 2.…

…In the case before the lower court, the Advocate led an application for taxation of the Advocate/Client Bill of Costs.…

…The application based on the grounds that the Respondent Company has been unable to meet its financial debts and in particular has been unable to meet its financial debts and in particular the repayment of the sum of HFL34,232.87…

…The application has not been opposed and the Respondent has not shown that it has other properties outside the debtors held by the other creditors.…

…This is an application by the Company seeking the striking out of the petition to wind it up. The application also seeks other and or further relief or orders to be granted.…

…The Respondent Petitioner opposes the application to strike out the Petition. The Kshs 7 million was to be repaid by fourteen semi annual instalments of Kshs 0.5 million payable on 30.6 and 31.12 in each yea.…

…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 aected.…

…Mr Kibet for the Petitioner has naturally opposed this application saying simply that there is no arithmetic mistake in my judgment and that my assessment of the Petitioner’s share of RAP’s goodwill at 876,000/= is and must…

…what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to be corrected at any time on my own motion or upon application…