Case law
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Division and case type: CivilCivil Case
…There is now before me an application by way of Notice of Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant…
Division and case type: CivilCivil Case
…The vendors commenced an action seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution.…
…He urged that the court could not, or at any rate should not use a motion so as summarily to vacate an entry before trial.…
Division and case type: CivilCivil Appeal
…The motion was then fixed for hearing for 1st December 1993.…
…On 1st December, 1993, when the hearing started Mr Khaminwa made an oral application for the motion to be heard by the same bench which had granted the order.…
Division and case type: CivilCivil Suit
…The applicant also asks for the costs of and incidental to this motion on notice. All this is resisted by the respondent.…
…Rule 42 states that all applications to this court shall be by motion and the grounds for them must be specified in the motion and the applicant has conformed to this rule.…
Division and case type: CivilCivil Case
…CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion…
…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…
Division and case type: CivilCivil Case
….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…
Division and case type: CivilCivil Suit
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: CivilCivil Appeal
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: CivilCivil Case
…COMPANY LTD........................................PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice of Motion…
Division and case type: CivilCivil Case
….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…
Division and case type: CivilCivil Appeal
…Nevertheless he proceeded to hear the same application de novo, granted leave to file the already filed Notice of Motion out of time and ordered its hearing on priority basis.…
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: CivilCivil Appeal
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
…The motion was filed on 14th February, 1997 and that gives the appellant sufficient time under rule 49 of the Rules of this Court.…
Division and case type: CivilCivil Case
…No. 575 of 1968 ***************** R U L I N G: David Kongo (the applicant) has applied by way of notice of motion under r.4 of the Court of Appeal Rules (the Rules) for an order for extension of time to file an appeal from…
…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
Division and case type: CivilCivil Appeal
…No. 575 of 1968 ***************** R U L I N G: David Kongo (the applicant) has applied by way of notice of motion under r.4 of the Court of Appeal Rules (the Rules) for an order for extension of time to file an appeal from…
…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
Division and case type: CivilCivil Appeal
…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…
…The motion asked that the Review be heard by two Judges who have not previously handled the case. What is before me, therefore, is the Motion aforementioned. Even then, only one prayer in the Motion is before me.…
Division and case type: CivilCivil Appeal
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: CivilMiscellaneous Application
…1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion…
…Registrar, who was in court, and the affidavit by leaving it with him, when he granted a temporary injunction restraining the respondent from disposing of two pictures, one a Raphael and one a Titian, when he dealt with a motion…
Division and case type: CivilCivil Appeal
…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…
…Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.…
Division and case type: CivilCase number Civil Application
…He, also stated that the intended appeal was not frivolous and referred me to the draft memorandum of appeal annexed to the record of the notice of motion. Mr.…
…In this notice of motion, the delay period is from about 2nd May 2009 when the record of appeal should have been filed to 12th November 2009 when this notice of motion was filed.…
Division and case type: CivilCivil Suit
…at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion…