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…The application is supported by the annexed affidavit of Abid Ali Hashim, the applicant. The application is opposed. Antony Kihonge Muhia swore a replying affidavit in opposition to the application.…

…Civil Application No. 115 of 2001 James Kiiru Kiai vs. Equaby Gabreab & Anor (unreported).…

…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…

…That the cost of this application and of the suit be borne by the Plaintiff. The application is based on the grounds that – 1. The Plaintiff does not have authority to institute this suit in his own name. 2.…

…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.…

…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.…

…The grounds for the application are given on the face of the application as namely: a) THAT the Plaintiff/Respondent has failed to comply with the Consent Order of 8th May, 2008. b) THAT the order has not been varied or set…

…The application is supported by the affidavit of FIRDOSH EBRAHIM JAMAL, an Advocate on record for the Applicants. The application is opposed.…

…Cockar, J, as he then was, on 24.5.89 dismissed that application saying there was no merit in the application to set aside arbitrator’s award. That was a clear decision following on the award of the elders.…

…Whose misconduct is the application complaining about if the complaint is against one member only? Furthermore, the application was not served upon the said Arbitrator as required under Rule 19.…

…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…

…That the cost of this application and of the suit be borne by the Plaintiff. The application is based on the grounds that – 1. The Plaintiff does not have authority to institute this suit in his own name. 2.…

…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…

…In her affidavit in support of the application, Lucy Wairimu Wamae depones that the plaintiff’s claim arises out of a contract agreement to transport milk and milk products.…

…RULING This application by way of Chamber Summons brought under section 123 of the Criminal Procedure Code seeks order that the applicants case which was cancelled by the trial magistrate in KIB/CR.…

…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…

…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.…

…The application is brought by the plaintiff against the defendant.…

…Hence this suit and application.…

…The application is premised on the grounds on the face of the application and is supported by the affidavit sworn by the applicant on 24th February, 2016.…

…The application is opposed. The respondent filed a replying affidavit on 4th March, 2016.…

…That the costs of this Application be borne by the Defendant in any event. 2.…

…Prayers Numbers 1 and 2 of the application have been dispensed with, and these submissions respect pursuit of prayers numbers 3 and 4 of the plaintiff’s application only.…

…On the basis of that reasoning this court struck out the joint affidavit and with it also went the application it was supporting as without a supporting affidavit the application would not be in compliance with the provisions…

…The resultant effect is that being an incompetent plaint it cannot anchor a competent interim application. The interim application therefore has no base and cannot be sustained. iv.…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

…That Costs of this application be provided for. Mr. Riungu for the applicant stated that the plaintiff Abednego Golden Njeru was deceased.…

…He therefore prayed for Orders as per prayers 1, 2 and 3 of the application. Mr.…

…good faith and that the plaintiff is abusing the court’s process The plaintiff filed a plaint, and simultaneously filed an injunction application on 23rd June 2003.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Civil Application No. 10 of 2022, Onyango Otunga & Company Advocates v George Ogolla. 2.…

…In the case before the lower court, the Advocate led an application for taxation of the Advocate/Client Bill of Costs.…

…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.…