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…RULING By a Notice of Motion dated 10th July, 1986 and filed in this court on 11th July, 1986 the Kenya Union of Commercial Food and Allied Workers, hereinafter referred to as the applicant, applied to this court for: 1.An…

…1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing of a motion…

…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

…In order to comply with the arbitration provision in the contract the steps necessary for a reference to arbitration must be set in motion by the party on his initiative or in response to an invitation by the other side.…

…therefore unfair criticism by Mr LePelley to have told us while arguing the appeal that the learned judge was unreasonably of the view that the defendant should willy-nilly have itself set the arbitration proceedings in motion…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…

…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…

…The essence of finding 16 (Supra) was equally stressed, But. while by 16th December 1998, the Appellants had by notice of motion applied to this court to confirm the SUPKEM award as its judgement, the Plaintiffs had by an…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…It should have been brought by motion on notice under Order XLV rule 15 only. See Order XLV rule 19 and Hassam Karim & Co Ltd v Africa Import and Export Central Corpn Ltd [1960] EA 396 (T).…

…For these reasons we would refuse the leave to appeal sought in the applicant’s notice of motion filed in this Court on 13 September 1990. We would make no order as to the costs of this application.…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…

…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…

…Two affidavits in support of the motion inter alia deponed that the High Court of Kenya had no jurisdiction to entertain the two suits.…

…The issues for determination by Platt J on the motion for a stay of the proceedings were identical in each case.…

…By a Notice of Motion dated 10th March, 1992 and made under order XXXV rules 1 and 2 of the Civil Procedure Rules, the respondent applied to the superior court for summary judgment against the appellant in the sum of Kshs…

…To put it in another way, did the defendant, as is said, set the law in motion against the plaintiff?…

…The trial judge however on his own motion and based on evidence, determined the issue whether Plot number 133R Ongata Rongai was the same as Plot Number 133B Ongata Rongai.…

…The learned judge had appreciated that matter and hence of his own motion had arrested the ruling whereby he was minded to dismiss the suit.…

…The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4. Costs of today’s application be in the cause. 5. Hearing on 24/7/98 of the application dated 4/5/98.…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

….…………………………………………… DEFENDANT RULING By a Notice of Motion filed on 3.11.2000 the applicant is asking for Orders that: (1) That the Defendant do forthwith pay Ksh.981,704/03 being the deficit owing on the fixed deposit together…