Search court decisions

…(IN CHAMBERS) CRIMINAL APPLICATION NO.…

…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…

…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.…

…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.…

…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.…

…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.…

…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).…

…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.…

…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.…

…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.…

…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.…

…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.…