“"application"” — court decisions

Judgment[1996] KECA 915 April 1996

Magana Holdings Ltd. v Lilian N. Mungai & Njoroge Mungai

Court of Appeal at NairobiHayanga,JUDGE APPEAL,Oduol,LepelleyCase number Civil Appeal (Application) 143 of 1996

Division and case type: CivilCivil Appeal

…(IN CHAMBERS) CIVIL APPEAL APPLICATION NO. 143 OF 1996 BETWEEN MAGANA HOLDINGS LIMITED………..……...........…

…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…

2 min read

Judgment[1998] KEHC 17930 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobiit was fully paid on condition that out of theloan of shs,Gatonye,Mitambo,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Kariuki Mr,Mitambo Defendant,Mitambo We,Gatonye says Co,Rachi proceed Mr,

Judgment[1998] KEHC 11030 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobime on,Mitambo,Gatonye,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Mitambo Defendant,Mitambo We,Gatonye says Co,Gatonye They,Gatonye Give,Rachu,

Judgment[1997] KECA 25217 November 1997

A RED IMPEX GENERAL SERVICES vs DA v ID ANUNDA T

Court of Appeal at NairobiHayanga,JUDGE APPEALCase number Civil Appeal 253 of 1997

Division and case type: CivilCivil Appeal

…Besides rule 5(2) of the rules of court cited in the application is inapplicable.…

…That application (No. 72 of 1997) was dismissed, but the reasons for its dismissal are not before us. On 11th September 1997, he filed a similar application, to wit Civil Application No 238 of 1997.…

5 min read

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

Division and case type: CivilCivil Appeal

…Application for summary judgment should not be allowed unless there are triable issues raised, in this case no triable issues raised, hence the lower court was correct in dismissing the application. Appeal dismissed.…

…Muslim Mohamed Jaffer Abdulla Kanji (the appellant) trades as ‘Airoquip & Applications’.…

Appeal dismissedDismissed28 min read

Judgment[2000] KEHC 49521 August 2000

ERIC PETER WANJAU v GEORGE MUNDET

High Court at NairobiJUDGE APPEAL,Igeria,Gachomba,ItCase number Civil Suit 3257 of 1978

Division and case type: CivilCivil Suit

…On 21t February, 1995 faced with all the three applications, counsel for both parties agreed that all the three applications namely: application for eviction filed on 23rd August, 1994, application for review filed on 26th…

…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…

Judgment[1998] KEHC 3425 March 1998

PETER NGANGA MUIRURI v CREDIT (K) LIMITED

High Court at NairobiHayanga,Judge HayangaCase number Civil Case 3665 of 1991

Division and case type: CivilCivil Case

…I do not need to go outside the explicit terms of this order to determine this application. I find no merit in this application which to my mind is premature. I dismiss the application with costs to the Respondents.…

…The application was supported by an affidavit of Fredrick N.…

16 min read

Judgment[1991] KEHC 115 December 1991

PETER NGANGA MUIRURI v CREDIT (K) LIMITED

High Court at NairobiHayanga,Judge Hayanga,Wamalwa Learned Counsel,WamalwaCivil Case 3665 of 1991

Division and case type: CivilCivil Case

…The application was supported by an affidavit of Fredrick N.…

Judgment[1999] KECA 15928 July 1999

KENYA ROYAL MEDIA SERVICES LTD. v KENYA TELEVISION NETWORK LTD.

Court of Appeal at NairobiHayanga,JUDGE APPEAL,KuriaCIVIL APPEAL NO. 171 OF 1995

Division and case type: CivilCivil Appeal

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…Kuria for the respondent concedes very properly in our view that the application should succeed.…

1 min read

Judgment[1996] KECA 6810 January 1996

Agip (Kenya) Limited v Appollos Kennedy Mwangi T

Court of Appeal at NairobiJUDGE APPEAL,It,KonosiCase number Civil Appeal 166 of 1995

Division and case type: CivilCivil Appeal

…Rimita, J gave him an ex parte order on 4th July, 1994 and set the application down for hearing inter partes on 19th July, 1994.…

…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…

12 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…That application was heard by Cockar, Muli and Omolo JJ A who dismissed it and held that in this case an appeal lies to this Court. That ruling was followed by an application for leave to appeal.…

…The application must be refused, with costs.”…

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…

…full bench’s right to give leave to amend on an informal application during the hearing of an appeal under rule 44(2) of the rules.…

14 min read

Judgment[1988] KECA 11428 September 1988

Kimakia Co-operative Society v Green Hotel

Court of Appeal at NairobiJUDGE APPEAL,HeCase number Civil Appeal 38 of 1986

Division and case type: CivilCivil Appeal

…In the matter of an application of Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the…

…possession when he intends to demolish or reconstruct as in section 7(f) in cap 301] is ex hepothesi one in respect of which there is a subsisting tenancy, since sec 24(1) extends the current tenancy until the tenant’s application…

14 min read

Judgment[1990] KECA 2519 February 1990

MUNGA CONCRETE WORKS LTD v INDUSTRIAL DEVELOPMENT BANK LTD

Court of Appeal at NairobiJudge specifically holds HCCC,JUDGE APPEAL,KariukiCivil Case No 3131 of 1988

Division and case type: CivilCivil Appeal

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

appeal is allowedAllowed6 min read