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…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.…

…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.…

…(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.…

…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.…

…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.…

…That costs of the application be provided for. The application is supported by a supporting affidavit of Paul Chemwono the Managing Director.…

…the main body of the application. 2.…

…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…

…They cannot proceed forever, going back and forth in courtin one form of application or another.…

…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…

…They cannot proceed forever, going back and forth in courtin one form of application or another.…

…Consequently several weeks later on the application of the respondents an ex parte judgment was entered against the appellant.…

…He swore an adavit in support of his application and deponed that he was not served with the summons to enter appearance and was not aware of the suit.…

…Section 9(2) “where an application for consent in respect of a controlled transaction is made to a Land Control Board, and the Board does not determine the application within a period of three months after the application…

…is made, the application shall be deemed to have been refused at the expiry of that period.” 9.…

…Consequently, the court found it lacked jurisdiction to grant leave and dismissed the application..…

…Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction to enlarge time for filing an application for leave to apply for certiorari…

…The Respondent followed up the payment with an application before court.…

…The Applicant made various applications before this court (Chemitei, J).…

…discharge voucher and certainly this is an argument which would as well raise a triable issue which cannot be disposed of by way of this application.…

…In my view this application is misconceived if not bad in law for trying to drag a third party into a case without following the relevant procedures.…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…Thereafter the appellant filed two applications to the trial court (1) seeking leave to amend his plaint and (2) seeking a review of the judgment whereby his claim had been dismissed.…

…Both these applications were heard on December 24, 1985 and the rulings thereon were reserved till January 21, 1986 when both applications were dismissed.…

…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…No application to extend the time had been made and the appellants pressed for specific performance before the trial court.…

…No such application was made. That agreement therefore is of no effect and no question of specific performance can lawfully arise.…

…But by an application for “review,” on December 6, 1985, Porter, J ordered the registration of Achacha Nyachienga, the defendant, to be maintained; but Ogowe Oliech was registered as having an overriding interest in possession…

…However, on the basis of that judgment, an application was presented to Porter, to require the defendant to show cause why he should not vacate the land.…

…He knew the plaintiff was proceeding with the suit and that being his only ground for alleging that the judgment should be set aside, his application must in my view fail.…

…As regards the 1st defendant, his application is based simply on the fact that he was never served with summons as alleged by Mr Okwatcho or at all.…