Case law
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Division and case type: Environment and LandLand Case
…CIVIL APPLICATION NO.…
…NO. 93 OF 1997) ************ RULING OF THE COURT The application fails on merit as it has not been shown as it must in an application of this sort, that if it is not granted the applicant's intended appeal if successful would…
Division and case type: GeneralUnclassified
…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…
…Mwihia being instructed in February 1998 this application was not filed until 4th September 1998. This is a long delay which has not been explained.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 71 OF 1999 (UR.27/99) BETWEEN BANDAPTAI AGRO & HARDWARE LIMITED ..................…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd .................... Applicant AND 1.…
…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…
Division and case type: GeneralORIGINATING SUMMONS
…CIVIL APPLICATION NO. NAI. 211 OF 1999 (84/99 UR) BETWEEN PETER KANYIRI KOIGI......................................APPLICANT AND 1. MAKAHU OLE SEKUNDA...............................1ST RESPONDENT 2.…
…The costs occasioned by this application shall be in the intended appeal. Given at Nairobi this 16th day of August, 1999. J.E. GICHERU ............... JUDGE OF APPEAL A.B. SHAH ............... JUDGE OF APPEL E.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 71 OF 1999 (UR.27/99) BETWEEN BANDAPTAI AGRO & HARDWARE LIMITED ..................…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: GeneralCase
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…
Division and case type: GeneralUnclassified
…IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 89 OF 2003 IN THE MATTER OF THE CHILDREN ACT 2001 SECTION 162 BABY DK (AN INFANT) RULING This is an application for international adoption.…
Division and case type: Environment and LandPetition
…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…
…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 318 OF 1996 (UR.122/96) BETWEEN EVANSON K. NJOROGE..................................1STAPPLICANT DR.…
…NO. 2891 OF 1995) ********************** RULING OF THE COURT: Applications Nos. 318 and 319 both of 1996 have been consolidated and have been argued together.…
Division and case type: GeneralUnclassified
…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: GeneralUnclassified
…They thus urged the Court to dismiss the application with costs. 3.…
…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Environment and LandLand Case
…Cost of the application be borne by the contemnors. 2. The application is premised on grounds set out on the application as well as the Supporting Adavit sworn by the Plainti. 3.…
…The issues that arise for determination herein are whether the application is merited hence the Respondents are in contempt of court, and ultimately, who should bear the costs of the application. 34.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO J.A (IN CHAMBERS) CIVIL APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO.........…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Environment and LandCase
…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.…
Division and case type: GeneralUnclassified
…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…
Division and case type: Environment and LandLand Case
…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.…