Case law
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Division and case type: CivilCivil Appeal
…How can this Court in this application filed on 28th October, 1993, find Mr Malakwen guilty of contempt of an order which had not been served on him prior to the filing of the application?…
…As the hearing of the application was not concluded on 25th May, 1990, the interim order was extended until the final disposal of the application.…
Division and case type: CivilCivil Appeal
…In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…
…The ground on which the application is based is not substantiated. The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…
Division and case type: CivilCivil Appeal
…The Supreme Court thus allowed the application.…
…Rule 24 of the Supreme Court Rules deals with applications for grant of certication. Rule 26 deals with urgent applications.…
Division and case type: CivilCivil Appeal
…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: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…
…The respondent has not appeared, though served, to contest the application.…
Division and case type: CivilCivil Appeal
…Ltd., Civil Application No. NAI 36 of 1986 (unreported). In that case the decision of the superior court was given on 15th March, 1985.…
…The application for extension of time to file the notice of appeal was filed on 10th March, 1986, almost a year later.…
Division and case type: CivilCivil Appeal
…CIVIL APPLICATION NO.…
…It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPLICATION NO NAI 3 OF 1988 BETWEEN GITAHI & ANOTHER................................................…
…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 163 OF 2001 BETWEEN EDWIN OTIENO OCHOLLA PAA PRODUCTS LIMITED FISHERMANS PRODUCTS LIMITED .......................…
…There is also quite inordinate delay from August 8, 2001 when the record of appeal was purportedly served and the time this application was brought to Court on October 31, 2001.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & OWUOR, JJ.A) CIVIL APPEAL (APPLICATION) NO. 59 OF 1996 BETWEEN E.A. BUILDING SOCIETY LIMITED ....................................APPELLANT AND A.C.A.…
…Building Society Limited, who has now made this application before us. We shall hereinafter refer to E.A. Building Society Limited as the applicant and D'Souza and Khandwalla as the respondents.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL APPLICATION NO. 143 OF 1996 BETWEEN MAGANA HOLDINGS LIMITED………..……...........…
…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO 1624 OF 1979 MARTINE APIYO WAINDI …………. ……………………………...……….. PLAINTIFF VERSUS PHARMACEUTICAL MANUFACTURING CO LTD & ANOTHER …....…
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CIVIL APPEAL NO. 33 OF 1996) BETWEEN JOEL KYALO MWEI………...........….….……..APPELLANT AND PAUL NGEI NZIOKA..........…………...…..…RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon.
Division and case type: CivilCivil Appeal
…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…
…the application was incompetent.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 118 OF 1998 BETWEEN DR. EDWIN SIMON PETER OTIENO NYAURA .................... APPLICANT AND INCE MICHAEL JULIAN ....................................…
…NO.2748 OF 1989) ******************* R U L I N G I have found this application has caused me great anxiety and difficulty. I am, however, persuaded by Mr.…
Division and case type: GeneralUnclassified
…(IN CHAMBERS)) CIVIL APPLICATION NO.…
…This application was made on 21 August, 1998. When pressed, Mrs. Ngugi submitted that she was waiting for the Certificate of Delay.…
Division and case type: CivilCivil Appeal
…Juma, J. rejected the application on the 23rd February, 1996. The applicant was dissatisfied with the Judge's decision and on the 4th March, 1996, the applicant lodged a notice of appeal.…
…This application for extension of time within which to appeal was not filed until the 22/10/96.…