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…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…

…The motion was filed on 14th February, 1997 and that gives the appellant sufficient time under rule 49 of the Rules of this Court.…

…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…

…The motion asked that the Review be heard by two Judges who have not previously handled the case. What is before me, therefore, is the Motion aforementioned. Even then, only one prayer in the Motion is before me.…

…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…

…The present motion is only for filling the appeal out of time. The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…

…This ruling is on the notice of motion dated 3-11-2025.…

…The motion seeks the following residual orders. 4.…

…This ruling is on the notice of motion dated 3-11-2025.…

…The motion seeks the following residual orders. 4.…

…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…

…On the 1st December 1992 the plaintiff filed a notice of motion in which he sought summary judgment to be entered for him against the defendant.…

…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…

…Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.…

…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…

…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…

…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…

…Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.…

…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…

…The respondents will have the costs of both the appeal and the motion. Dated and delivered at Nairobi this 23rd day of September, 1996. R. O. KWACH ……………………… JUDGE OF APPEAL A. M. AKIWUMI ……………………….. JUDGE OF APPEAL A.…

…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.…

…The affidavit in support of the motion sworn by him details their grieviances in the manner the arbitration was conducted as their witnesses and two appellants were not summoned to attend.…

…Inspite of the appellants complaining that they were unaware how their advocate conducted the case which led to withdrawal of instructions, their motion was dismissed with costs.…

…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 to amend…

…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. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…Kowade on this motion. It was submitted by Mr.…

…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…

…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…

…That left the applicant only with order 50 rule 1 which provides:- “All applications to the Court, save where otherwise expressly provided for under these Rules, shall be by motion and shall be heard in open Court”.…

…This application should have been brought by way of notice of motion and not by a summons in chambers.…

….…….DEFENDANT R U L I N G The Originating Notice of Motion dated 22.4.2003 is filed by a former military personnel who was Court martialed as a result of a failed military coup in Kenya in 1982.…

…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…I award to the Plaintiffs the costs of the suit and of the notice of motion. These shall be my orders.…

…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.…