“"application"” — court decisions

Judgment[1999] KECA 10321 November 1999

JOHN KIPKEMBOI KILEL v s DIAMOND TRUST BANK (K) LTD

Judgment[1988] KEHC 3216 March 1988

Republic of Kenya v Registrar of Trade Unions

High Court at NairobiGICHERU,Muthoga,Jaffer Mr,Kimani Muhoro,Nowrojee Dr,Jaffer,Lief MillsCase number Civil Miscellaneous Application 298 of 1986

Division and case type: CivilMiscellaneous Application

…They therefore sought for the dismissal of the applicant's application with costs.…

…We indicated that the same shall be incorporated in our final ruling in respect of the entire application as is set out above and allowed the hearing of the said application to proceed.…

18 min read

Judgment[2020] KEHC 60621 December 2020

Atlantis Kenya Limited v Chebuswa Limited

High Court at MalindiCase number Miscellaneous Civil Application E13 of 2020

Division and case type: CivilMiscellaneous Civil Application

…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…

6 min read

Judgment[1999] KECA 1001 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 32 of 1998

Division and case type: CivilMiscellaneous Application

…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…

…His present application does not seek extension of time within which to lodge the notice of appeal.…

2 min read

Judgment[1999] KECA 17031 October 1999

ARTHUR KANAI KAMAU & ANOTHER v CAROLINE NJERI MWICIGI

Court of Appeal at NairobiAganyanya,JUDGE APPEAL,KamondeCase number Civil Miscellaneous Application 126 of 1999

Division and case type: CivilMiscellaneous Application

…(IN CHAMBERS)) CIVIL APPLICATION NO.…

…RESPONDENT (Application for extension of time to file an appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 17th March, 1998 in H.C.C.C.…

application failsDismissed3 min read

Judgment[1984] KECA 11216 April 1984

KENYA CASEMENTS LIMITED v IDEAL CASEMENTS LIMITED

Court of Appeal at NairobiJUDGE APPEAL,NagpalCase number Civil Miscellaneous Application 16 of 1984

Division and case type: CivilMiscellaneous Application

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO NAI 16 OF 1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS…

…for stay of execution pending an intended appeal from a judgment of the High Court of Kenya at Nairobi (Porter, J) dated 23rd November, 1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application…

3 min read

Judgment[1999] KECA 9626 January 1999

Gharib Mohamed Gharib v Sulekha Mohamed Naaman

Court of Appeal at MombasaWaki,JUDGE APPEALCase number Civil Miscellaneous Application 4 of 1997

Division and case type: CivilMiscellaneous Application

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…

…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…

1 min read

Judgment[1985] KECA 11615 December 1985

Madhupaper International Limited v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,Bank KCFCCase number Civil Miscellaneous Application 116 of 1985

Division and case type: CivilMiscellaneous Application

…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.…

application is refusedDismissed19 min read

Judgment[1997] KECA 1971 October 1997

John Githinji Wangondu v Raphael Gitau Njau & 5 others

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 107 of 1997

Division and case type: CivilCase number Civil Application

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.) CIVIL APPEAL NO.

1 min read

Judgment[1997] KECA 31816 March 1997

JOEL KYALO MWEI v PAUL NGEI NZIOKA

Court of Appeal at NairobiJUDGE APPEAL,ItongaCase number Civil Application 33 of 1996

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CIVIL APPEAL NO. 33 OF 1996) BETWEEN JOEL KYALO MWEI………...........….….……..APPELLANT AND PAUL NGEI NZIOKA..........…………...…..…RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon.

appeal failsDismissed2 min read

Judgment[1997] KECA 1918 October 1997

Zebron Nguku Mote v Ephantus Mote Wakaria

Court of Appeal at NairobiJUDGE APPEAL,Kiania NjauCase number Civil Application 194 of 1997

Division and case type: CivilCase number Civil Application

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT This is a second appeal and concerns land. A portion of the suit land was being cultivated by the appellant, who is the son of the respondent.

application is allowedAllowed1 min read

Judgment[1998] KEHC 24330 March 1998

KENYA COMMERCIAL BANK LTD v IGNATIUS IRIGA NDERI

High Court at Nairobime an application by way of Notice of Motion under OrderCIVIL CASE NO 1557 OF 1996

Division and case type: CivilCivil Case

…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…

…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…

2 min read

Judgment[1997] KEHC 481 July 1997

KEMFRO (A) LTD v s KABARE BARAGWI & NGARIAMA CO-OP SOCIETY LTD &

High Court at Nairobime an application by way of Chamber Summons under OrderCIVIL CASE NO. 2069 OF 1996

Division and case type: CivilCivil Case

…The impact of the success of the plaintiff’s application was, inter alia, to have it restituted to the suit premises as per prayer NO. 4 in the said application. That order directly affected the applicant herein.…

…APPLICATION NO. NAI 15 OF 1990 (UR) VISHRAM HALAI & ANOTHER –VTHORNTON & TURPIN (1963) LIMITED & CIVIL APPLICATION NO. NAI 129 OF 1995 (57/95 UR) N;YALS (Kenya) Limited –vUnited Housing Estate Limited.…

3 min read

Judgment[2010] KEHC 2995 December 2010

EUNICE WANJIRU MUCHIRI v COUNTY COUNCIL OF KIRINYAGA

High Court at EmbuKerugoya Court over the,same matter,Kiama ExCase number Miscellaneous Civil Application 14 of 2008

Division and case type: CivilMiscellaneous Civil Application

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.

4 min read

Judgment[2009] KEHC 418418 November 2009

In Re Harrison Mwicharo Githogori (Presumed Deceased) [2009] KEHC 4184 (KLR)

High Court at Nairobime is an Originating Summons dated,HARRISON MWICHARO GITHOGORICase number Children Miscellaneous Application 36 of 2008

Division and case type: CivilMiscellaneous Application

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c

13 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,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Rachi We,Rao If,Gatonye serve Mr,Rao absent Mr,Muruthi,Koyoko,MitiamboCivil Case 933 of 1996

Division and case type: CivilCivil Case

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

application succeedsAllowed2 min read

Judgment[1993] KEHC 9729 March 1993

Amina Adam & 3 others v Rosamma Alexander & 2 others

High Court at MeruOmolo,Judge Omolo,SheCase number Civil Case 81 of 1993

Division and case type: CivilCivil Case

…It is upon the application of these relevant principles that I shall decide this application.…

…Application upon application, nay, a deluge of applications, will inundate the Courts. We shall then establish a culture of unreasonable disobedience. Institutions shall be ran by excessive judicial intervention.…

application dismissedDismissed63 min read

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,Rao,Gatonye last Friday,Gatonye serve Mr,Muruthi,Koyoko,MitiamboCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

application succeedsAllowed2 min read

Judgment[1996] KECA 10322 September 1996

Elijah Wambugu Muriithi v Moses Mathenge Muriithi & another

Court of Appeal at NairobiGithinji,JUDGE APPEALCase number Civil Appeal 35 of 1996

Division and case type: CivilCivil Appeal

…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.…

application succeedsAllowed1 min read

Judgment[1998] KEHC 18526 October 1998

CHARLES MIGUI MARANGA & ANOTHER v KENYA SHELL LIMITED

High Court at NairobiAkelolaCIVIL CASE NO 643 OF 1998

Division and case type: CivilCivil Case

…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…

…The thrust of the defendants opposition to the application is that the plaintiffs have not made out a prima facie case; the defendant is entitled to terminate the licence as the plaintiffs have never achieved their targets…

application succeedsAllowed8 min read