Case law
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Division and case type: Environment and LandLand Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 224 OF 1997 BETWEEN 1. JOSEPH MBUGUA DEDAN GACHUMI 2.…
…In the result, the application is dismissed solely on the ground that the delay in taking the necessary steps to institute the appeal by the appellants, is inexcusable and inordinate.…
Division and case type: Environment and LandMiscellaneous Application
that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. The Respondent did not call any witness and the medical reports were produced by consent of both parties.
Division and case type: Environment and LandLand Case
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
Division and case type: Environment and LandLand Case
…CIVIL APPLICATION NO.…
…Muturi, Civil Application No. NAI 107 of 1993 (unreported) and Nairobi Duluxe Services Limited v. Ndege Civil Application No.…
Division and case type: Environment and LandLand Case
…CIVIL APPLICATION NO.…
…NO. 93 OF 1997) ************ RULING OF THE COURT The application fails on merit as it has not been shown as it must in an application of this sort, that if it is not granted the applicant's intended appeal if successful would…
Division and case type: FamilySuccession Cause
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA .....…
….............................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.…
Division and case type: FamilySuccession Cause
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…
…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…
Division and case type: FamilySuccession Cause
…His name was omitted in the application Forms P&A 5 as a survivor of the deceased.…
…The issues raised in the said affidavits are as follows:- i) There is no valid application before the court as the application dated 20/8/99 is not validly endorsed by the applicant or his Advocate. ii) The application has…
Division and case type: Environment and LandPetition
…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
…At the hearing of the application only the alternative prayer was pursued.…
…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…
Division and case type: FamilySuccession Cause
…In my view that does not apply to applications under Law of Succession Act(Cap.160).…
…He said the application is therefore misconceived. Mr.…
Division and case type: Environment and LandLand Case
…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: FamilySuccession Cause
…The application was supported by an affidavit sworn by Terry C.…
…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…
Division and case type: Environment and LandLand Case
…Cost of the application be borne by the contemnors. 2. The application is premised on grounds set out on the application as well as the Supporting Adavit sworn by the Plainti. 3.…
…The issues that arise for determination herein are whether the application is merited hence the Respondents are in contempt of court, and ultimately, who should bear the costs of the application. 34.…
Division and case type: FamilySuccession Cause
…Njoroge has said that he does not want costs of this application even if the said application is dismissed, there will be no orders as to costs. Dated this 24th day of April, 2002. J.M.…
…The application is supported by the applicants’ affidavit. In the relevant paragraphs, she states that.…
Division and case type: Environment and LandLand Case
…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: FamilyCase number Adoption Cause
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
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: 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: 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.…