Search court decisions

…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.…

…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.…

….…….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.…

…OBED OMARI MOGERE……………….2ND DEFENDANT RULING This is an application by the plaintiffs brought by way of Notice of Motion under Section 3A of the Civil Procedure Act for an order that the court do vary and/or set aside the…

…Maina and Company Limited, by this Notice of Motion, seeks orders that the Notice of Appeal dated 31st January, 1996 and filed in the superior court at Mombasa on 1st February, 1996 was duly and properly served by ordinary…

…The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O. KWACH ……………… JUDGE OF APPEAL P.K. TUNOI ………….. JUDGE OF APPEAL A. B. SHAH …………………..…

…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.…

…As signicant as the issues in contest were, it was not possible to resolve them with nality in the context of the preliminary motion. 3.…

…However, the impeachment process continued and on 28th January, 2014 the County Assembly of Embu passed the motion of impeachment.…

…The applicant has explained the delay from 25th October, 1995 to 21st May, 1996, when he filed this motion, to ill health and since he appears to be acting in person, I think it is excusable.…

…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.…

…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.…

…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.…

…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…

…is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case where the appeal is incompetent, though the court may in a proper case insist that the application be made by motion…

…We allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…

…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…

…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…

…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…

…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…

…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…