Case law
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Division and case type: CivilCase number Civil Application
…J.A) CIVIL APPLICATION NO.…
…To-date no appeal has been filed; nor has there been an application for extension of time. In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPLICATION NO NAI 64 OF 1987 LILIAN WAIRIMU KINGA’NGI ………….....................………….APPELLANTS VERSUS PRESBYTERIAN CHURCH OF EAST AFRICA & ATTORNEY……RESPONDENT…
…But that rule has no application to the present matter as it deals with criminal appeals. I think the rule which Counsel has in mind, is rule 76.…
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: CivilCivil Suit
…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…
…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPLICATION NO NAI 3 OF 1988 BETWEEN GITAHI & ANOTHER................................................…
…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…
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
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…emanating from the application.…
Division and case type: CivilMiscellaneous Civil Application
…The suit in the Court of the Resident Magistrate was instituted by two people namely Hassan Saidi Dele and Major Henry Mwalugha who are the respondents to this application. They oppose the application for transfer.…
…I think the applicant was wrong to bring this application to Court by way of a summons in chambers.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 163 OF 2001 BETWEEN EDWIN OTIENO OCHOLLA PAA PRODUCTS LIMITED FISHERMANS PRODUCTS LIMITED .......................…
…There is also quite inordinate delay from August 8, 2001 when the record of appeal was purportedly served and the time this application was brought to Court on October 31, 2001.…
Division and case type: CivilMiscellaneous Application
…The background to the application is familiar and can be shortly summarized.…
…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…
Division and case type: CivilMiscellaneous Application
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…
Division and case type: CivilMiscellaneous Application
…(IN CHAMBERS) CIVIL APPLICATION NO.…
…He made this application on 13th September, 1994 - about one month after his return to his office.…
Division and case type: CivilMiscellaneous Application
…of 1982 RULING The applicant was duly served with the notice for the hearing of the application but did not attend as required.…
…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…
Division and case type: CivilMiscellaneous Application
…An authorised agent of KENYAC signed that application form, being a chargee in exercise of its power of sale. The same application is also signed by the purchaser.…
…That being so, when the application for consent was placed before the Board, it had both the power and the statutory duty to order attendance of the applicant or of any person interested in or affected by that application…
Division and case type: CivilMiscellaneous Application
…That having been said, it cannot be gainsaid that the delay in filing the application for extension is not great, the period expiring on 22nd August and the application being filed on 7th September, some 16 days later.…
…In KAWUKA v KARIM 5 [1937] EACA, 37, for instance, the delay in filing the application was nearly 3 years.…
Division and case type: CivilMiscellaneous Application
…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…
…I have carefully considered this application and the submissions of both counsels.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & OWUOR, JJ.A) CIVIL APPEAL (APPLICATION) NO. 59 OF 1996 BETWEEN E.A. BUILDING SOCIETY LIMITED ....................................APPELLANT AND A.C.A.…
…Building Society Limited, who has now made this application before us. We shall hereinafter refer to E.A. Building Society Limited as the applicant and D'Souza and Khandwalla as the respondents.…
Division and case type: CivilMiscellaneous Application
…CIVIL APPLICATION NO. NAI. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU ................................. APPLICANT AND UNITED FINANCE LIMITED ............................…
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
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.…