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…The defendant has also filed a statement of grounds of opposition to the plaintiffs and application which I will.…

…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…

…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.…

…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.…

…Mr Gautama opposes both these applications. We will refer to each Mr Singh, alive or dead, in the rest of this order by his first name only. We need to set out now the chronology of the matter so far.…

…Returning to rule 96 (ibid) the important words “legal representative” concern us in this application. Who is the legal representative of the late Ajit Singh?…

…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…

…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…

…That costs of the application be provided for. The application is supported by a supporting affidavit of Paul Chemwono the Managing Director.…

…the main body of the application. 2.…

…An application to set aside the judgement was filed on February 29, 1978 and on January 23, 1979, the originating summons 192 of 1979 was filed.…

…Where the application is granted the new party will not be prejudiced.…

…Njoroge has said that he does not want costs of this application even if the said application is dismissed, there will be no orders as to costs. Dated this 24th day of April, 2002. J.M.…

…The application is supported by the applicants’ affidavit. In the relevant paragraphs, she states that.…

….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…

…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…

….…………………………..DEFENDANT RULING In this application which is by Chamber Summons the applicant is asking for the Orders prayed in the application.…

…I allow the application as per prayers 1,2,3, and 4 of the Chamber Summons dated 25.5.2000. Dated and delivered this 2nd October, 2000. KASANGA MULWA JUDGE…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA .....…

….............................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.…

…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.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…application.…

…The application is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…

…That the defendant is hereby restrained from acting upon the letter dated 5.1.89 (marked MA “C” and annexed to the plaintiff’s application) until further orders of this court. 3.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…

…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…

…In my view that does not apply to applications under Law of Succession Act(Cap.160).…

…He said the application is therefore misconceived. Mr.…

…At the hearing of the application only the alternative prayer was pursued.…

…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…