“"motion"” — court decisions

Judgment[1996] KEHC 3515 July 1996

KIVANDI MUKUSYA v MUTUNGA MATHEKA

High Court at MachakosOsiemo,Muendo,Nzei,Muendo applicant Mrs,Muthusi appeared Dr,Mutunga,MuthusiCase number Civil Appeal 18 of 1985

Division and case type: CivilCivil Appeal

…Nzei for respondent Court Clerk Muli RULING Two notices of motion were filed and argued together. One was brought by the appellant in this appeal file.…

…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…

suit dismissedDismissed7 min read

Judgment[1995] KEHC 7627 August 1995

Kimani Wanyoike v Electoral Commission & another

High Court at NakuruKimani Wanyoike,Gitobu Imanyara,Imanyara,Kivuitu Mr,KivuituCase number Miscellaneous Civil Case 111 of 1995

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.…

Judgment[1991] KECA 1122 October 1991

Atogo v Agricultural Finance Corporation

Court of Appeal at NakuruJUDGE APPEALCivil Appeal No 165 of 1989

Division and case type: CivilCivil Appeal

…It may now be taken as settled law, laid down by this Court, that it is an actionable trespass wrongfully to set the law in motion so that the wrong goods are seized, or the wrong person is arrested, see Blassio Simiyu v…

…For my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or…

12 min read

Judgment[2004] KEHC 109319 December 2004

Metha Miriti v John Mbae Rucha

High Court at Merume isCase number Miscellaneous Application 3 of 2004

Division and case type: CivilMiscellaneous Application

…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…

…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…

12 min read

Judgment[1999] KEHC 6616 February 1999

AHMED ABUBAR & OTHERS v BAKARI BARAKA & 5 OTHERS

High Court at Machakosthis court for reasons the Appellants know but no,Kibanga,KilonziCase number Civil Appeal 62 of 1995

Division and case type: CivilCivil Appeal

…The essence of finding 16 (Supra) was equally stressed, But. while by 16th December 1998, the Appellants had by notice of motion applied to this court to confirm the SUPKEM award as its judgement, the Plaintiffs had by an…

7 min read

Judgment[1991] KEHC 1024 June 1991

MOHAMMED IQBAL KARIM v SOLOMON MAKONEN & ANOTHER

High Court at MeruSO OgukCase number Civil Appeal 70 of 1991

Division and case type: CivilCivil Appeal

…Civil Case No 14/91 which has now set everything in motion. Basically, it appears that the plaintiff Iqbal has a genuine claim against the defendants.…

17 min read

Judgment[1986] KECA 9715 April 1986

David Stephen Gatune v Headmaster,Nairobi Technical High School & another

Court of Appeal at NakuruHANCOX,EtyangCase number Civil Appeal 79 of 1982

Division and case type: CivilCivil Appeal

…On the 23rd day of October 1981 the appellant David Stephen Gatune as applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions…

20 min read