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…DEFENDANT RULING This is an application for judgment to be entered against the defendant on the ground that the defendant has admitted the claim and that the defence filed by it herein is a mere denial which raises no triable…

…The application is supported by an affidavit sworn on 7.9.2001 by Hasmukh Kanji Patel a director of the plaintiff company which shows that the claim by the plaintiff against the defendant arises from goods said to have been…

…Thirdly, if the court is in doubt, it will decide an application on the balance of convenience.”…

…I will decide this application applying the above principles.…

…Mwihia applied to the court to withdraw the application. Mr.…

…Ngatia has objected to this cause on the ground that the application has been argued on the basis of preliminary objection and therefore and therefore the application must be dismissed. I agree with Mr. Ngatia.…

…On its part the Plaintiff has opposed the application upon the grounds that the application is misconceived and otherwise overtaken by events; that the particulars requested for cannot be properly sought in view of the pleadings…

…It is to be noted that this letter featured in an application by notice of motion dated 12th March, 2003 in which the Plaintiff sought judgment on admission against the Defendant based on the said letter.…

…DEFENDANT RULING Sam and Chase (K) Ltd, the 2nd defendant/applicant herein in this chamber application prays for: 1. An order staying the execution of the decree issued by the court on April 7, 1986. 2.…

…I have considered the second defendant’s application and in my view it must fail. The second defendant became indebted to the plaintiff way back in May 1984.…

…There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit in support of the application…

…LIMITED.........................................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application…

…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).…

…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.…

…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…

…The substantive application, was heard by Kasango, J who dismissed the application discharged the 1st Defendant and released the security which had been given.…

…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…

…The substantive application, was heard by Kasango, J who dismissed the application discharged the 1st Defendant and released the security which had been given.…

…He concluded that his client was ready to make a formal application.…

…Kibe’s application for adjournment on 6/6/2011 for taking out the application dated 24/10/2008 scheduled to be heard on 9/6/2011 when Mr. Kibe was before the Court of Appeal.…

…defendants who have not brought an application.…

…The court will begin by considering whether or not the application is defeated by the pleadings not being close.…

…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.…

…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…

…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.…

….…….. 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.…