Case law
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Division and case type: Constitutional and Human RightsElection Petition
…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…
…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…
Division and case type: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…The defendant is granted costs of the Notice of Motion dated 13th July 2005. It is so ordered. Dated and delivered this 19th December 2005. MARY KASANGO JUDGE…
Division and case type: Milimani Commercial CourtsUnclassified
………………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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: Constitutional and Human RightsElection Petition
…A relevant rule for the purpose of this Motion is rule 10 which states as follows: “10.…
…The other rule which is of great importance in this Motion is rule 14.…
Division and case type: Constitutional and Human RightsPetition
…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: Constitutional and Human RightsConstitutional Petition
…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: Milimani Commercial CourtsMiscellaneous Civil Application
…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: Constitutional and Human RightsElection Petition
…The Court further heard that the petitioner then came to court and filed a notice of motion on 5.6.2003.…
…Further that the service of that notice of motion could thus be dispensed with but then the Court would give directions as to hearing inter partes.…
Division and case type: Milimani Commercial CourtsCivil Suit
….……………………………………..6TH DEFENDANT R U L I N G The application is a notice of motion dated 19th June, 2008. It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules.…
…Order L Rule 1 of the Civil Procedure Rules provides that any application to court may be filed by motion where the rules do not expressly provide for a different procedure.…
Division and case type: Milimani Commercial CourtsCivil Suit
….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…
…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…
Division and case type: Constitutional and Human RightsPetition
…mistakes like what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to be corrected at any time on my own motion…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…
Division and case type: Constitutional and Human RightsJudicial Review
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: Milimani Commercial CourtsElection Petition
…Both learned counsel for the 1st and 2nd respondents and the 4th respondents respectively have moved the court by way of Notice of Motion to have the petition dismissed or struck out against the 2nd respondent and 4th respondent…
…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…
Division and case type: Constitutional and Human RightsPetition
….………….APPLICANT VERSUS ARAB AFRICA LIMITED………………………………………………RESPONDENT RULING By the motion filed on 8/5/91 in the court the applicant/debtor sought to move the court under section108 of the Bankruptcy Act and Rules 144 and…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: Constitutional and Human RightsPetition
…The Notice of Motion should therefore be dismissed.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…We think that we are stating the law correctly when we say that under section 204 of the Criminal Procedure Code the court cannot proceed on its own motion it must be moved by the complainant.…