Case law
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Division and case type: GeneralUnclassified
…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…
…Mwihia being instructed in February 1998 this application was not filed until 4th September 1998. This is a long delay which has not been explained.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 71 OF 1999 (UR.27/99) BETWEEN BANDAPTAI AGRO & HARDWARE LIMITED ..................…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: Constitutional and Human RightsPetition
…substituted service through the print media and the application was xed for hearing today. 5.…
…Njoroge then made an application for adjournment on two main grounds:- 1.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd .................... Applicant AND 1.…
…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 71 OF 1999 (UR.27/99) BETWEEN BANDAPTAI AGRO & HARDWARE LIMITED ..................…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsPetition
…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 ----------------------------------------.…
Division and case type: Anti-CorruptionPetition
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: GeneralUnclassified
…IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 89 OF 2003 IN THE MATTER OF THE CHILDREN ACT 2001 SECTION 162 BABY DK (AN INFANT) RULING This is an application for international adoption.…
Division and case type: Environment and LandPetition
…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.…
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.…
…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.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 318 OF 1996 (UR.122/96) BETWEEN EVANSON K. NJOROGE..................................1STAPPLICANT DR.…
…NO. 2891 OF 1995) ********************** RULING OF THE COURT: Applications Nos. 318 and 319 both of 1996 have been consolidated and have been argued together.…
Division and case type: GeneralUnclassified
…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: GeneralUnclassified
…They thus urged the Court to dismiss the application with costs. 3.…
…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO J.A (IN CHAMBERS) CIVIL APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO.........…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Milimani Commercial CourtsUnclassified
…The application is supported by the annexed affidavit of Abid Ali Hashim, the applicant. The application is opposed. Antony Kihonge Muhia swore a replying affidavit in opposition to the application.…
…Civil Application No. 115 of 2001 James Kiiru Kiai vs. Equaby Gabreab & Anor (unreported).…
Division and case type: Constitutional and Human RightsPetition
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…