Search court decisions

…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.…

…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.…

…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.…

…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.…

…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.…

…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 ----------------------------------------.…

…By the application, the Applicant seeks from the Court the following orders – 1. That the application herein be certified as urgent and be heard ex-parte in the first instance. 2.…

…That costs of this application be provided for.…

…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.…

…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.…

…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.…

…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.…

…His name was omitted in the application Forms P&A 5 as a survivor of the deceased.…

…The issues raised in the said affidavits are as follows:- i) There is no valid application before the court as the application dated 20/8/99 is not validly endorsed by the applicant or his Advocate. ii) The application has…

….……………… 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.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC................................................…

…The appellant now appeals to this court against his conviction and sentence of death pronounced on February 3, 1983 having been given leave to appeal to this court on October 11, 1983 upon the 8 grounds as set out in his application…

…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.…

…The grounds upon which the application is based have been set out. there is also an affidavit in support of the application sworn by one Peter Murigi Njirwa, the Managing Director of the Applicant/defendant company.…

…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…

…NAIROBI CIVIL CASE NO. 3312 OF 1990 TITO KINYAMBU.........................................................PLAINTIFF VERSUS KAMSONS LIMITED.....................................................DEFENDANT R U L I N G This is an application…

…There is on record an application dated 18th and filed on 26th July, 1996 by the plaintiff where a review of the judgment was sought so that the interest should be at the same rate as that charged by Kenya Industrial Estates…

…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…

…He therefore says that they and not he should bear the costs of the application.…

…Thirdly, if the court is in doubt, it will decide an application on the balance of convenience.”…

…I will decide this application applying the above principles.…