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 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 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
…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: CivilCivil Appeal
….………..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…
Division and case type: CivilMiscellaneous Civil Application
…That left the applicant only with order 50 rule 1 which provides:- “All applications to the Court, save where otherwise expressly provided for under these Rules, shall be by motion and shall be heard in open Court”.…
…This application should have been brought by way of notice of motion and not by a summons in chambers.…
Division and case type: CivilMiscellaneous Civil Application
…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…
…In the instant application, I have undertaken a review of the record and subsequent motion by the applicant.…
Division and case type: CivilCivil Case
…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 Case
…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…
…I award to the Plaintiffs the costs of the suit and of the notice of motion. These shall be my orders.…
Division and case type: CivilCivil Case
…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…
…On the 1st December 1992 the plaintiff filed a notice of motion in which he sought summary judgment to be entered for him against the defendant.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 450 OF 1988 L VADGAMA ……………………………..APPLICANT VERSUS ARYA SAMAJ………………………………DEFENDANT RULING The defendant Arya Samaj has moved this court by motion on…
…The application is one which was supposed to be brought by summons while the former was supposed to be by motion.…
Division and case type: CivilCivil Case
…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
Division and case type: CivilCivil Case
…DEFENDANT R U L I N G This is a Notice of Motion brought under Order XLIV Rule 1 of the Civil Procedure Rules in which the applicant is seeking the following orders:- “1.…
Division and case type: CivilCivil Suit
…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…
…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…
Division and case type: CivilCivil Suit
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…
Division and case type: CivilMiscellaneous Application
….…….DEFENDANT R U L I N G The Originating Notice of Motion dated 22.4.2003 is filed by a former military personnel who was Court martialed as a result of a failed military coup in Kenya in 1982.…
…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…