Search court decisions

…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.…

…It was that the application then before him for extension of time to file the appeal, be struck out on the ground that the application was incompetent as it did not fulfil a precondition previously ordered by the court for…

…the filing of the application.…

…Kenya Commercial Finance Co Ltd v Nyaana Saw Mills Court of Appeal, at Nairobi July 30, 1986 Platt Ag JA Civil Application No NAI 109 of 1986 July 30, 1986, Platt Ag JA ORDER This is an application for security, first of…

…Rule 4 is in point, because the present application arises out an application by the defendants for leave to appeal out of time. That is Civil Application No 30 of 1986.…

…The costs of this application to be provided for.”…

…I have anxiously considered the application. The facts as stated in the record and in the affidavit in support of the application, are not in dispute. Mr.…

…How can this Court in this application filed on 28th October, 1993, find Mr Malakwen guilty of contempt of an order which had not been served on him prior to the filing of the application?…

…As the hearing of the application was not concluded on 25th May, 1990, the interim order was extended until the final disposal of the application.…

…THAT the costs and incidentals to this Application do abide the result of the said intended appeal.…

…In opposing the application, Mr.…

…Indeed that was the main plank in Mr Juma’s application before this Court.…

…We asked Mr Juma to elect before us on which application to proceed, namely Civil Application Nai 12 or Nai 13 of 1991, because only one application was listed before us.…

…The applicant in his amended application filed on 16th March 1988 sought leave of the court to stay execution of the orders granted in the High court in Miscellaneous Civil Application No. 360 of 1982 pending the hearing…

…On that application upon which the applicant did not file a replying affidavit, judgement was entered in terms of that application on 26th January 1988.…

…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…

…In the circumstance we grant the application made on behalf of Esso to strike out the notice of appeal filed on July 22, 1980.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…

…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…

…In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…

…The ground on which the application is based is not substantiated. The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…

…Section 9(2) “where an application for consent in respect of a controlled transaction is made to a Land Control Board, and the Board does not determine the application within a period of three months after the application…

…is made, the application shall be deemed to have been refused at the expiry of that period.” 9.…

…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…

…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…

…That application was filed in court on 11th April, 1994 and was numbered as Civil application No. NAI.107 of 1994. The court allowed that application and struck and the said notice of appeal.…

…Amolo that without there being an application (before me in this application) for extension of time to lodge a fresh notice of appeal, the application would be an exercise in futility as there could not be granted extension…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPLICATION NO NAI 8 OF 1987 KENYA ARAB ORIENT INSURANCE……………APPELLANT V LOCHABTRANSPORT ….………………………..RESPONDENT RULING This is an application brought under…

…One of the two interlocutory application was brought by the respondent.…

…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…

…Thereafter, after a lapse of more than 4 years, the applicant has brought this application.…

…_ RULING This application for leave to lodge the record of appeal within extended time was contested, as well as it might be.…

…The application has been heard in vacation.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, AKIWUMI & SHAH JJ A CIVIL APPLICATION NO NAI 251 OF 1994 BETWEEN ARTHUR K.…

…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…

…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…