Case law
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Division and case type: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
…The facts leading to this application are not seriously in dispute. The parties hereto have had business dealings.…
Division and case type: FamilySuccession Cause
…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…
…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…
Division and case type: FamilySuccession Cause
…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…
…The application is tailored at buying time for the applicant and thus is an abuse of court process. 2.…
Division and case type: Constitutional and Human RightsPetition
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: Constitutional and Human RightsPetition
…interval between the Service and the Interparte hearing of the application.…
…The requirement regarding the statement of the affairs of the Company is deferred until after and subject to the final order on this application.…
Division and case type: FamilySuccession Cause
…Their Lordships held; “A prima facie case in a civil application includes but is not confined to a “genuine and arguable case”.…
…The 2nd defendant was duly served with this application; he even attended court at the hearing of this application but did not say anything.…
Division and case type: Constitutional and Human RightsElection Petition
…However it is not necessary for the purposes of this application to enumerate them in this ruling.…
…In response to the application to strike out the petition, the petitioner's learned counsel, Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…Mr Kilonzo Jr opposed the application while Mr Mbaya for the 2nd and 3rd respondents supported it, even as he filed no papers in that regard.…
…Mr Mbaya maintained that in the event of this application being dismissed, still costs must go to his clients because they did not need to file any papers to support the application.…
Division and case type: FamilySuccession Cause
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
Division and case type: Constitutional and Human RightsElection Petition
…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…
…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…
Division and case type: Constitutional and Human RightsElection Petition
…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…
…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…
Division and case type: Constitutional and Human RightsPetition
…Though the Application for leave under Order 53 (1) is ordinarily made ex parte, this court ordered that the same be heard interpartes.…
…to entertain the Application.…
Division and case type: Constitutional and Human RightsPetition
…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…
…By 18th July 1996 when the application came before me for hearing the petition had been advertised and the petitioner had satisfied the Registrar that it had complied with the winding up Rules as it was required to do by…
Division and case type: Constitutional and Human RightsPetition
…It was also seen from the record that the applicant made a similar application to one before this court and that application was heard by my brother Justice Githinji on 25/4/91.…
…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…
Division and case type: Constitutional and Human RightsPetition
…Though the Application for leave under Order 53 (1) is ordinarily made ex parte, this court ordered that the same be heard interpartes.…
…to entertain the Application.…
Division and case type: Constitutional and Human RightsPetition
…Civil Application No. 10 of 2022, Onyango Otunga & Company Advocates v George Ogolla. 2.…
…In the case before the lower court, the Advocate led an application for taxation of the Advocate/Client Bill of Costs.…
Division and case type: Constitutional and Human RightsPetition
…This is an application by the Company seeking the striking out of the petition to wind it up. The application also seeks other and or further relief or orders to be granted.…
…The Respondent Petitioner opposes the application to strike out the Petition. The Kshs 7 million was to be repaid by fourteen semi annual instalments of Kshs 0.5 million payable on 30.6 and 31.12 in each yea.…
Division and case type: Constitutional and Human RightsPetition
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…