Case law
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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.…
Division and case type: Constitutional and Human RightsPetition
…The application based on the grounds that the Respondent Company has been unable to meet its financial debts and in particular has been unable to meet its financial debts and in particular the repayment of the sum of HFL34,232.87…
…The application has not been opposed and the Respondent has not shown that it has other properties outside the debtors held by the other creditors.…
Division and case type: Constitutional and Human RightsPetition
…Mr Kibet for the Petitioner has naturally opposed this application saying simply that there is no arithmetic mistake in my judgment and that my assessment of the Petitioner’s share of RAP’s goodwill at 876,000/= is and must…
…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 or upon application…
Division and case type: Constitutional and Human RightsPetition
…While in the United Kingdom she made an application for asylum but the application for asylum was rejected by the Secretary of State for the Home Department.…
…Following an oral application by both counsel for the petitioner and Kituo on the 4th June 2012, I directed that the petitioner be released to the custody of the UNHCR accommodation facility pending further orders of the…
Division and case type: Constitutional and Human RightsPetition
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: Constitutional and Human RightsElection Petition
…We should therefore, prefer not to found our decision in this application on this.” (pp 3) From the foregoing their Lordships started off by saying that personal service was not contemplated in rule 15.…
…This rule is mandatory in its application. It is however our view that while reading it conjunctively rather than disjunctively it makes provision for personal as well as other modes of service.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…determination of two titles to the suit property is genuine and no constitutional issue; (b) That the determination of the dispute would require viva voce evidence to be taken and the procedure for litigation of constitutional applications…
…Upon application to the 3rd Respondent on 21/9/2010, I was issued with a certificate of title to the suit property. 6. THAT sometimes this year, I saw some people attempting to develop the suit property.…
Division and case type: Constitutional and Human RightsPetition
…As regards the costs of the company I am satisfied that the company unnecessarily resited this application, and consequently, I order that the company’s costs shall not be paid out of the assets of the company until all the…
Division and case type: Constitutional and Human RightsPetition
…The grounds she cites are as follows:- “(a) I am a wife and widow of the deceased and my name has been left out of the said application. (b) The applicant has left out of the application all my six children.…
…(c) The application has been made without my or my children’s consent and we are all beneficiaries.”…
Division and case type: Constitutional and Human RightsPetition
…On 14th December, 1988 this Court ordered on a summary judgment application as follows: (a) the debtor must give vacant possession of the said premises to the creditor on the 31st March, 1989; (b) it shall pay to the creditor…
Division and case type: Constitutional and Human RightsJudicial Review
…Thirdly, if the Court is in doubt, it will decide an application on the balance of convenience." 16.…
Division and case type: Constitutional and Human RightsPetition
…another person becomes liquidator and is capable of acting as such: (b) the official receiver shall summon separate meetings of the creditors and contributors of the company for the purpose of determining whether or not an application…
Division and case type: Constitutional and Human RightsElection Petition
…Section 44 (3) of the Constitution provides as follows: 44 (3) An application to the High Court for the determination of a question under subsection (1) (b) may be made- (a) where the Speaker has declared that the seat in…