Case law
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Division and case type: Constitutional and Human RightsJudicial Review
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CivilCivil Appeal
…That is the prayer for two Judges who have not previously handled the case to hear the application for Review of Mead, J's 1981 appeal judgment. Mr.…
…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…
Division and case type: CivilCivil Case
…That is the prayer for two Judges who have not previously handled the case to hear the application for Review of Mead, J's 1981 appeal judgment. Mr.…
…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…
Division and case type: CivilCivil Case
…Order 18 of the Civil Procedure Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial Review…
…application for certiorari and order for reinstatement.…
Division and case type: CivilCivil Appeal
…To begin with the first application (by the appellant) seeks this court's review of the ruling of 17.7.95 which sprung from a review application. A review was refused.…
…So O 14 r.7 should ordinarily apply i.e. no further application for review should be entertained where one had once been refused. But Mr.…
Division and case type: CivilCivil Appeal
…In his grounds of opposition to the application for review filed in the superior court on 16th November, 1998, the appellant herein stated that there was no basis upon which an application for review could be granted and…
…Ougo who appeared for the appellant herein in the superior court and also appears for him in this Court is recorded to have responded to the respondent’s application for review by saying: “Application must show error on the…
Division and case type: CivilCivil Appeal
…The inordinate delay in the filing of the application for review. 3. Absence of any sufficient grounds.…
…for review.…
Division and case type: CivilCivil Appeal
…An application under 0.IXB rule 8, above, is in the nature of a review application.…
Division and case type: CivilCivil Appeal
…ratios decidendi of the decisions in ORUTA and MBITHI cases and say that the issue as to whether or not leave to file suit out of time was granted properly or not is a matter to be challenged at the trial stage and not by a review…
…application.…
Division and case type: CivilCivil Appeal
…Application No. 646 of 2004 and clearly addressed by the Honourable Court. ii) The Applicant purports to institute contempt of court proceedings by way of a Judicial Review, Application and without providing the legal basis…