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…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…

…CIVIL APPLICATION NO. NAI. 206 OF 1997 (89/97UR) BETWEEN MARGARET WANJIKU MWATHI ................................ APPLICANT AND DAGRET INVESTMENT..........................................…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…

…The respondent has not appeared, though served, to contest the application.…

…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…

…She adjourned the application to 26th April 1994 for hearing inter partes.…

…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…

…The application of the common law and statutory provision in section 6 of the Judicature Act cap 8 gives absolute privilege to the respondent.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…Under section 47 of the Law of Succession Act, a judge of the High Court has jurisdiction to entertain an application, determine any dispute and make such orders as may be expedient.…

…In our judgment, therefore, it is those words which should be looked at for the purpose of determining this part of the application.…

…The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August…

…25, 1983, until September 27, and continued by Sachdeva J, until the hearing of the application.…

…The defect according to the Uganda High Court is curable by an application to the court under the provisions of the Constitution for directions.…

…I agree with the Attorney General that the appropriate forum for such an application is not the High Court but the review tribunal referred to in paragraphs (c), (d) and (e) of section 83(2).…

…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…

…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…