Case law
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Division and case type: CivilCivil Case
…There is now before me an application by way of Notice of Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant…
Division and case type: CivilCivil Case
…The vendors commenced an action seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution.…
…He urged that the court could not, or at any rate should not use a motion so as summarily to vacate an entry before trial.…
Division and case type: CivilCivil Appeal
…The motion was then fixed for hearing for 1st December 1993.…
…On 1st December, 1993, when the hearing started Mr Khaminwa made an oral application for the motion to be heard by the same bench which had granted the order.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO..........................................RESPONDENT R U L I N G I have read the notice of motion…
…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…
Division and case type: CivilCivil Suit
…The applicant also asks for the costs of and incidental to this motion on notice. All this is resisted by the respondent.…
…Rule 42 states that all applications to this court shall be by motion and the grounds for them must be specified in the motion and the applicant has conformed to this rule.…
Division and case type: CivilCivil Case
…CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion…
…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…
Division and case type: CivilCivil Case
….…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988. Exparte orders had been granted to the applicant on 7/3/88.…
Division and case type: CivilCivil Suit
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: CivilCivil Appeal
….....................................................................................APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion…
…Mr Khanna prepared such a consent letter for the executors on December 28, 1983 and sent it to the advocates for the respondent on or about that date but it was not signed or returned until the motion was being urged.…
Division and case type: CivilCivil Case
….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…
Division and case type: CivilCivil Case
…COMPANY LTD........................................PLAINTIFF versus NJILUX MOTORS LIMITED............................................................................DEFENDANT R U L I N G This is an application by Notice of Motion…
Division and case type: CivilMiscellaneous Application
…1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion…
…Registrar, who was in court, and the affidavit by leaving it with him, when he granted a temporary injunction restraining the respondent from disposing of two pictures, one a Raphael and one a Titian, when he dealt with a motion…
Division and case type: CivilCivil Suit
…at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion…
Division and case type: CivilCivil Case
…at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion…
Division and case type: CivilCivil Appeal
….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application…
Division and case type: GeneralCase
…Case No. 70 of 2003) ************************** R U L I N G Though the notice of motion before me was very vigorously contested, the issue for me to determine is really very narrow.…
…I accordingly allow the motion dated 8th June, 2004 and lodged in this Court on 10th June, 2004 and I make the following orders:- 1.…
Division and case type: CivilCivil Appeal
…Nevertheless he proceeded to hear the same application de novo, granted leave to file the already filed Notice of Motion out of time and ordered its hearing on priority basis.…
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCase number Civil Application
…On 17th May, 1996 he sought and obtained leave of this Court to amend his Notice of Motion so as to include a prayer for extension of time within which to lodge the requisite Notice of Appeal.…
…He on the same day filed the amended Notice of Motion which now included a prayer for extension of time within which to lodge the Notice of Appeal.…
Division and case type: Environment and LandLand Case
…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…
…In the instant application, I have undertaken a review of the record and subsequent motion by the applicant.…