Case law
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Division and case type: CivilCivil Appeal
…Wamalwa's clerk obtained a date for the hearing of the chamber summons. That date was 6th February, 1996. On this date counsel for both the parties appeared before Bosire, J.…
…Ibrahim were concerned with the Chamber Summons application filed along with the suit. Mr.…
Division and case type: CivilMiscellaneous Civil Application
…The respondent complained to a Judge in his Chamber summons filed on 13th January 1988 under Order 35 rule 1(a) and Order IXA rule 8 of the Civil Procedure Rules that judgement be entered for Shs. 37,447/- as per ruling of…
…The respondent in taking steps to speed up the finalisation of the matter filed a Chamber summons under Order 35, of the Civil Procedure. This rule provides for obtaining judgement summarily.…
Division and case type: CivilCivil Appeal
………………RESPONDENTS (Appeal from the High Court at Nairobi, Shields J) JUDGMENT This is an appeal from an order which Shields J made upon the dismissal of the appellants’ application by chamber summons under order 39 rule 1…
…I grant the interlocutory injunction sought in paragraphs 1 and 2 of the chamber summons. Costs to be costs in the cause. The plaintiff to have leave to serve the plaint, chamber summons and affidavit.”…
Division and case type: CivilCivil Appeal
…After the filing of the originating summons, Teresia Mucheru applied by Chamber Summons to be allowed to bury her husband on the suit land.…
…Summons but also the originating summons in which Teresia Mucheru as heir to the portion the suit land which Mucheru Karanja held in trust for her husband, Francis Mucheru, sought the determination of the complex questions…
Division and case type: CivilCivil Appeal
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: CivilCivil Appeal
…On the same day, August 10, 1984 that the plaint was filed, a chamber summons was filed seeking a vacation hearing for an interlocutory injunction to restrain the First Defendant from parting with the proceeds of the sale…
…The Plaintiff now went to work and produced a plaint, a chamber summons applying for an injunction, with affidavit in support, all dated July 18, 1984 but not filed until July 20. The suit was numbered 2016 of 1984.…
Division and case type: CivilCivil Appeal
…On the same day, the plaintiff took out a chamber summons under Order 39 r. 1 and r. 2 for orders that the defendant be restrained from selling title Kiine/Rukanga/408 and from applying for consent of the Divisional Land…
Division and case type: CivilCivil Appeal
…It was this judgment that was sought to be set aside by the superior court in a Chamber Summons taken out by the respondent herein under Order IXA rule 10 and Order IXB rules 4 and 8 of the Civil Procedure Rules and all the…
Division and case type: CivilCivil Appeal
…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…
Division and case type: CivilCivil Appeal
…The respondent should pay the appellant’s costs in this court, the High Court and the resident magistrate’s court relating to the application under order IXB rule 8 originating by the chamber summons of April, 1983.…
Division and case type: CivilCivil Appeal
…By an application by chamber summons of that date, but which was filed in court on 3rd May, 1995, he prayed for an order that the ex parte dismissal of his suit and the ex parte judgement in favour of the 1st respondent be…
Division and case type: CivilCivil Appeal
…By a Chamber Summons dated 13th April, 1993 and taken out under order VI rule 13 of the Rules, the second respondent sought orders from the superior court that the appellants’ Originating Summons be struck out and that their…
Division and case type: CivilCivil Appeal
…In his affidavit in support of the chamber summons he deponed that he believed that he could not institute a common law claim against the respondents before the decision of the inquest which was held to establish the persons…
Division and case type: CivilCivil Appeal
…On 11th when the case came before Githinji J, for the first time, Mr Ngatia is recorded as having told the judge: “We did not file a replying affidavit to the Chamber Summons but we have filed a defence .....…
…At the same time as the plaint was filed, the 1st respondent also filed an application by way of chamber summons under order 39 rules 1, 2, 3 and 7 of the Civil Procedure Rules asking for a temporary injunction in the terms…
Division and case type: CivilCivil Appeal
…Ontweka may similarly be summarised: · A Plain reading of the chamber summonses, statutory statements and verifying affidavits in both Misc. 646/04 filed on 27th May, 2004 and in Misc. 946/04 filed on 21st July, 2004, together…
…The affidavit in support of the chamber summons seeking leave and the affidavit verifying the statutory statement in the notice of motion plainly made reference to the entry No. 5091 which was the consignment of sugar in…
Division and case type: CivilCivil Appeal
…In an application made by way of a Chamber Summons under order XXXIX rules 1, 2, and 3 of the Civil Procedure Rules and dated 26th October, 1992, the respondent sought orders from the superior court that: 1.…
…As was to be expected, the plaintiff having earlier succeeded in obtaining appropriate injunctions against Saul and Nyambu, then sought the interlocutory injunctions contained in his Chamber Summons dated 26th October, 1992…
Division and case type: CivilCivil Appeal
…APPELLANT AND DYNAMICS ENGINEERING LTD...........................RESPONDENT (Appeal from the High Court at Nairobi, Sachdeva J) JUDGMENT OF HANCOX JA This appeal arises from a decision of Sachdeva J, on an application by chamber…
…summons dated September 12, 1983, to strike out, remove and/ or dismiss a petition to wind up the company registered as Dynamics Engineering Ltd, and incorporated on April 16, 1974.…