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…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.…

…The brief background to the appeal, the subject matter of this application is briefly as hereunder.…

…The respondent, EABS filed grounds of opposition to the application. Mr.…

…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.…

…An affidavit in support accompanied the application.…

…Costs.This application too was supported by an affidavit. On 21.6.96 Mr. Muendo argued the appellant's application, the first application, while Mrs. Nzei argued the Respondent's application, the second application.…

…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…

…The issues arising in this application are as follows:- 1.…

…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…

…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…Both applications were heard together with a view to give a composite ruling. Mr.…

…It was not in doubt or disputed that when the Respondents filed their first application to set aside the award on or about 1st April 1998 30 days had long expired after the award was read on 22nd January 1998, The fresh application…

…It was further argued on behalf of the appellant that taking into account the age of the minor an award of Kshs 100,000/- was so inordinately high as to manifest error in application of principles. Held: 1.…

…The Shs 100,000/- awarded by the judge cannot be taken to be so inordinately high that the application of a wrong principle must be inferred. Appeal dismissed. Cases 1. Barnett v Cohen [1921] 2 KB 461 2.…

…It is clear that before the application was brought there was no clear refusal.…

…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…