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…On 28th October, 1993, M/S Khaminwa & Khaminwa, Advocates, filed on behalf of the two applicants, a notice of motion under a certificate of urgency seeking an order for committal to prison of the then corporation’s Managing…

…Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence. 3.…

….…...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.…

…LIGHTING COMPANY LTD........................................PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice…

…of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal…

…High Court 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 filed on November 15, 1983, states: “... shall be made to run from the date of receipt of the complete record from the High Court, with liberty to apply for further extension.”…

…High Court 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 filed on November 15, 1983, states: “... shall be made to run from the date of receipt of the complete record from the High Court, with liberty to apply for further extension.”…

….………..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…

…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.…

…On 17th May, 1996 he sought and obtained leave of this Court to amend his Notice of Motion so as to include a prayer for extension of time within which to lodge the requisite Notice of Appeal.…

…He on the same day filed the amended Notice of Motion which now included a prayer for extension of time within which to lodge the Notice of Appeal.…

…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.…

…of Motion dated 12th November, 1997 of the Appellant and the Civil Appeal No. 160 of 1997 be paid by the Appellant to the Respondent. (3)That the Notice of Motion filed by the Appellant on 12 th November, 1997 seeking leave…

…On 12th November, 1997, the appellant took out a notice of motion under rule 44 of the Rules to amend the notice of 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…

…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.…

…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.…

…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…

…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…

…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…

…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…We allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…

…The Respondent, however, filled a Notice of Motion on February 15, 1982, seeking that the defence be struck out as disclosing no reasonable answer to the claim, under order 6 Rule 13 of the Civil Procedure Rules, and summary…

…I would award the costs of the appeal and of the proceedings consequent on the Notice of Motion in the High Court to the Appellants in any event.…