Case law
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Division and case type: CivilCivil Suit
…The defendant has also filed a statement of grounds of opposition to the plaintiffs and application which I will.…
…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…
Division and case type: CivilMiscellaneous Application
…This amendment has been criticised by the High Court in High Court Civil Application No 790 of 1993 in which Bosire, Mbogholi and Oguk JJ have held that the present amended rule 1 which says that an application for an order…
…of mandamus, prohibition or certiorari shall be made by an application for judicial review in accordance with the new provisions of order 53 and without obtaining leave before the application is made is ultra vires of section…
Division and case type: CivilMiscellaneous Application
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
Division and case type: CivilMiscellaneous Application
…Adan v Business Premises Rent Tribunal; Njogu & another (Interested Parties) (Miscellaneous Application E167 of 2025) [2025] KEHC 19177 (KLR) (Judicial Review) (22 December 2025) (Ruling) Neutral citation: [2025] KEHC 19177…
…(KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW MISCELLANEOUS APPLICATION E167 OF 2025 RE ABURILI, J DECEMBER 22, 2025 IN THE MATTER OF:- AN APPLICATION BY HUSSEIN MOHAMED ADAN…
Division and case type: CivilMiscellaneous Application
…APPLICATION NO. 494 OF 2003 DOMINIC ARONY AMOLO……………………….……..……..PLAINTIFF V E R S U S THE HON.…
…Imanyara for the Applicant says that Limitation Act does not apply to the provisions of Constitution regarding Fundamental Rights and that the application as made under Section 84 of the Constitution renders Cap 22 inconsistent…
Division and case type: CivilMiscellaneous Application
…They therefore sought for the dismissal of the applicant's application with costs.…
…We indicated that the same shall be incorporated in our final ruling in respect of the entire application as is set out above and allowed the hearing of the said application to proceed.…
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: CivilCivil Case
…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…
Division and case type: CivilCivil Case
…The impact of the success of the plaintiff’s application was, inter alia, to have it restituted to the suit premises as per prayer NO. 4 in the said application. That order directly affected the applicant herein.…
…APPLICATION NO. NAI 15 OF 1990 (UR) VISHRAM HALAI & ANOTHER –VTHORNTON & TURPIN (1963) LIMITED & CIVIL APPLICATION NO. NAI 129 OF 1995 (57/95 UR) N;YALS (Kenya) Limited –vUnited Housing Estate Limited.…
Division and case type: CivilCivil Suit
….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
Division and case type: CivilCivil Suit
….…………………………..DEFENDANT RULING In this application which is by Chamber Summons the applicant is asking for the Orders prayed in the application.…
…I allow the application as per prayers 1,2,3, and 4 of the Chamber Summons dated 25.5.2000. Dated and delivered this 2nd October, 2000. KASANGA MULWA JUDGE…
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…
…of these two appeals and that costs of the applications do abide the result of the appeals.…
Division and case type: CivilCivil Case
…a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…
…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…
Division and case type: CivilCivil Suit
…The application is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…
…That the defendant is hereby restrained from acting upon the letter dated 5.1.89 (marked MA “C” and annexed to the plaintiff’s application) until further orders of this court. 3.…
Division and case type: CivilCivil Case
…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…
…In this case, and at the present moment the application on record is for an order for committal to civil jail, for breaching a court order. The application has, of course, not yet been argued.…
Division and case type: CivilCivil Case
…At the hearing of the application only the alternative prayer was pursued.…
…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…
Division and case type: CivilCivil Case
…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…
…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Case
…RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.…
…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…
Division and case type: CivilCivil Case
…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…
…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Suit
….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…The application is supported by the Applicants’ affidavit of 22nd September 2005 wherein he has sworn that he is registered as lessee for a term of 99 years of the suit premises.…