Case law
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Division and case type: CivilCivil Case
…Mr Obhrai who appeared on behalf of the Council in this application argued several points in support thereof.…
…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…
Division and case type: CivilCivil Suit
…The 1st Defendant vigorously opposes the application. He denies that there subsists a valid Taita Customary Law marriage between himself and the Plaintiff.…
…, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal.…
Division and case type: CriminalCriminal Appeal
…When the appellant did appear on 24th September 1993 the prosecutor made an oral application that he should be convicted for contempt of court because he had failed to pay school fees for his children.…
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
Division and case type: CivilCivil Suit
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…
Division and case type: CivilCivil Suit
…This application is opposed by the Plaintiff.…
…On the whole, I am of the view that this application merely seeks to delay the course of justice. I dismiss it with costs to the Plaintiff. Dated and delivered at Mombasa this November 28, 1995 A.G RINGERA JUDGE…
Division and case type: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: GeneralUnclassified
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: CivilCivil Suit
…The above application was thereby provoked. The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…
…Mr Kiambo did not think the application was competent. He raised a preliminary point that it was grounded on inadmissible without prejudice correspondence. He did not readily have authority to buttress his objection.…
Division and case type: CivilCivil Case
…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…
…The quotation is contained in the HCC Misc Application 8 of 1997 Ex parte Johnson Knassnima Simiyu. The authority of Ex parte Kipngeno Arap Ngeny HCC Misc.…
Division and case type: CivilCivil Case
…In the present application the supporting affidavit are annexed documents that undeniably show that the defendant Mohammed Shariff Nassar opened this particular account and at the time of opening the account he not only supplied…
…Costs of the application to the applicant. Dated and delivered at Mombasa this 2nd day of November , 1992 I.C.C WAMBILYANGAH JUDGE…
Division and case type: CivilCivil Case
…The order read: “By consent parties to this application hereby undertake to cause no trouble to either side.…
…If and when the landlord or his agent wish to increase the rent or evict the applicant, legal steps will be taken by filing rent application to this Tribunal and without any rent order from this Tribunal the applicant shall…
Division and case type: CriminalCriminal Appeal
…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…
Division and case type: CriminalCriminal Appeal
…the appellant of the goats was not established; that the doctrine of recent possession was improperly invoked by the trial magistrate the prosecution having failed to establish certain pre-conditions essential before its application…
…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…determination of two titles to the suit property is genuine and no constitutional issue; (b) That the determination of the dispute would require viva voce evidence to be taken and the procedure for litigation of constitutional applications…
…Upon application to the 3rd Respondent on 21/9/2010, I was issued with a certificate of title to the suit property. 6. THAT sometimes this year, I saw some people attempting to develop the suit property.…
Division and case type: CivilCivil Suit
…I award costs of this application and costs of the suit to the Defendant. It is so ordered. Dated and delivered at Mombasa this 30th June 2003. A.G.A. ETYANG JUDGE…
Division and case type: CivilCivil Case
…An application was made for an adjournment so that the defence could call him. The application was disallowed; so to that the failure to call him cannot be attributed to any deliberate withholding of a witness.…
Division and case type: CivilCivil Suit
…The main application may be relisted for hearing at an early date as there is a Certicate of Urgency. DATED THIS 19TH DAY OF APRIL, 1999. P. N. WAKI JUDGE…
Division and case type: CivilCivil Case
…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…
Division and case type: CivilCivil Suit
…I allowed that application but that addition still does not, in my view, change the situation. Coast Hauliers have at no time made claim on the defendant. They neither make any such claim in the plaint.…