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….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application…

…of these two appeals and that costs of the applications do abide the result of the appeals.…

…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 59 OF 1997 BETWEEN BLUESHIELD INSURANCE CO.…

…This application was filed on 24th March, 1997 only some two working days after the appeal was struck out.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI. 67 OF 1997 J. B. MAINA AND COMPANY LIMITED ......................APPLICA NT VERSUS 1.…

…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…

…(IN CHAMBERS) CIVIL APPLICATION NO.…

…On 14th of the same month, this application was made. This was 7 days after the applicant's appeal was struck out. Clearly there was no inordinate delay on the part of the applicant in making its present application.…

…Kirundi & Co. then filed application No.10 of 1990 which application was withdrawn and the applicant was given leave on 18th March, 1992 to file a fresh application for extension of time to lodge the appeal.…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

…Please, therefore, kindly deal with the company’s application for consent.…

…of opposition to the respondent’s application and that he did not make any findings of facts on the material issues raised in the said application and in the statement of defence and grounds of opposition aforementioned.…

…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 59 OF 1997 BETWEEN BLUESHIELD INSURANCE CO.…

…This application was filed on 24th March, 1997 only some two working days after the appeal was struck out.…

…CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN ............................. APPLICANT AND DAVID JOHN KIBWANA (EXECUTOR) .....................…

…This application must fail for the reason that the learned judge of the superior court, Ang'awa, J. never heard and decided on the application for leave lodged by the applicant.…

…In support of the application Mr Le Pelley for the second defendant has drawn to the attention of the court the difference between state immunity and diplomatic immunity for which I am grateful.…

…For those reasons, I allow the application with no orders as to costs. I set aside the order made on 15.12.92 dismissing the second defendants application.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 163 OF 1997 (NAI.65/97 UR) BETWEEN KENYA NATIONAL CAPITAL CORPORATION ..................…

…The striking out was on 17th January, 1997, and it was not until 2nd July, 1997, that the applicant filed the present application.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…application.…

…a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…

…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…

…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…

…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…

…CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................…

…Justice Shields) dated 17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck…

…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…

…Both applications were listed for hearing on the same day the April 10, 1985.…

…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 is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…

…That the defendant is hereby restrained from acting upon the letter dated 5.1.89 (marked MA “C” and annexed to the plaintiff’s application) until further orders of this court. 3.…

…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.…