Search court decisions

…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 accordingly dismiss the preliminary objection and proceed to determine the question raised by the Notice of Motion filed on 26th March, 1984. Dated at Nairobi this 17th day of April, 1984.…

…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…

…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…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…This court cannot on its own motion grant the right to administer the estate of the deceased to any particular person before it has heard and determined the objection and cross petition that are on record.…

…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…

…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…

…The history of the matter is as follows: On April 5, 1988, the applicants who were then students at the respondent college moved the High Court Nakuru by a notice of motion under order 53 rule 3 of the Civil Procedure Rules…

…On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…

…On a proper analysis the High Court was bound to conclude that it had no jurisdiction to hear the notice of motion. 11.…

…The motion is one of jurisdiction. Jurisdiction in Admiralty actions is statutory, and is dened by the Administration of Justice Act 1956.…

…They returned to court on 27th July, 2004, after grant of leave, and filed a fresh notice of motion in Misc. Civil. Appl. No. 946/04 (946/04) seeking further judicial review orders.…

…THAT the substantive motion in the aforesaid suit was heard by this Honourable Court and determined on 10th June, 2004. A true copy of the order issued by the court is annexed hereto and marked “AHM-2”. 4.…

…NO. 1059 OF 1999) ********************* R U L I N G I have before me an application by way of Notice of Motion brought under Rules 4 and 42 of the Court of Appeal Rules (the rules) in which the applicants herein seek the…

…Appli 141 of 1998 IN THE MATTER OF: THE LAW SOCIETY OF KENYA CAP 18 LAWS OF KENYA AND IN THE MATTER OF: JUDICIAL COMMISSION OF INQUIRY INTO TRIBAL CLASHES IN KENYA R U L I N G This is an application by way of Notice of Motion…

…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…

…For myself, I should be very slow to make any such order on motion, though in a clear and compelling case there is no doubt jurisdiction to do so. I do not think that this is a case of that sort.…

…On the facts as they stand before me on motion I will say only that I am not satisfied that this is a case for an interlocutory injunction”. The said observations of Magary J do adequately apply to this case.…