Case law
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Division and case type: CivilCivil Appeal
…The motion was then fixed for hearing for 1st December 1993.…
…On 1st December, 1993, when the hearing started Mr Khaminwa made an oral application for the motion to be heard by the same bench which had granted the order.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO..........................................RESPONDENT R U L I N G I have read the notice of motion…
…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…
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name of the Rangers Court Welfare Association by Notice of Motion dated 16th September 2016, but it was subsequently withdrawn and refiled as Notice of Motion dated 3rd October 2016 in…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
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: Milimani Commercial CourtsUnclassified
………………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act.…
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 CivilCivil Appeal
…The Motion is supported by an affidavit sworn by the applicant. 1.2 The Respondent opposed the Motion by Grounds of Opposition dated 7th October 2025 and a comprehensive replying Statement of Grounds dated 11th November 2025…
…A motion that is calculated to circumvent a jurisdictional finding, without showing acceptable grounds, may be struck out as an abuse of process. 6.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
….……………..........................................RESPONDENT RULING The Application This ruling relates to the Notice of Motion dated 15.01.2025 (the Motion) brought by Grace Wanjiru Chege and James Kamau Njenga (hereafter…
…The Motion is supported by the grounds set out on its body and in the Supporting Affidavit of the Applicants’ advocate, Janerose Nanjira, sworn on 15th January 2025. The Motion seeks the following orders: Spent. Spent.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…16.09.2024 (the Motion).…
…For the foregoing reasons, the Applicant urges this court to allow the Motion.…
Division and case type: High Court DivCivil Appeal
…The Applicant Peter Muindi Mbivi through the firm of Ndiema and Company advocates moved the Court vide a motion on notice dated 31 st January 2025, the motion on the face of it was brought under the provisions of order 42…
…The Applicant’s motion was premised on several grounds set out in the body of the motion which grounds were restated in the supporting affidavit of the Applicant; Peter Muindi Mbuvi sworn on 31 st day of January 2025 at Machakos…
Division and case type: High Court DivCivil Appeal
…The Applicant Peter Muindi Mbivi through the firm of Ndiema and Company advocates moved the Court vide a motion on notice dated 31 st January 2025, the motion on the face of it was brought under the provisions of order 42…
…The Applicant’s motion was premised on several grounds set out in the body of the motion which grounds were restated in the supporting affidavit of the Applicant; Peter Muindi Mbuvi sworn on 31 st day of January 2025 at Machakos…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
….……..........RESPONDENT RULING Notice of Motion The subject of this ruling is the Notice of Motion dated 4.12.2024 (the Motion) brought by Taj Mall Limited (hereafter the Applicant) seeking an order to the set aside the Warrants…
…Further that Order 22, Rule 18 of the CPR as cited in the Motion, is irrelevant, terming the Motion as being fatally defective and an abuse of the court process.…
Division and case type: High Court DivCivil Appeal
…The motion is supported by the affidavit of Rayn Wendo, the Claims Manager of Directline Assurance Company Limited, sworn on 6th February 2026. 3.…
…The Respondent opposes the motion.…
Division and case type: High Court CivilCivil Appeal
…The Motion sought that the ex-parte judgment made on 30/4/2024 be set aside and that the applicant be allowed to file responses and submissions in the appeal.…
…The Motion was grounded upon the grounds set out on the face of the Motion and the Supporting affidavit of Anthony Mabonga sworn on 26/2/2025. 3.…
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 Civil Appellate DivisionCivil Appeal
…THAT this application and the main notice of motion/suit be heard during the ongoing court vacation. 3.…
…The purpose of the Chamber Summons is to bring out the urgency and persuade this court to hear a substantive motion during the High Court August Recess.…
Division and case type: High Court CivilCivil Appeal
…In view of the foregoing, it is clear that she has no intention of either responding to the Motion or she is not opposed to the orders sought. 3.…
…While this Court exercised extreme caution not to deal with the matters in the Motion before me, the respondent has remained adamant not to respond thereto. 5.…
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…
…49, 50 and 159 of the Constitution of Keya 2010 and the affidavit sworn by Cliford Otieno Obiero on even date and I have perused the Appellant’s notice of motion dated 6th July, 2023 and I do note that indeed this is an…
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: Environment and Land CourtPetition
…In this motion, they seek the following reliefs: - Spent. Spent. Spent.…
…The respondents or interested parties did not oppose this motion.…