Case law
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Division and case type: Milimani Commercial CourtsCivil Case
….……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…The defendant is granted costs of the Notice of Motion dated 13th July 2005. It is so ordered. Dated and delivered this 19th December 2005. MARY KASANGO JUDGE…
Division and case type: Milimani Commercial CourtsUnclassified
………………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…
Division and case type: Milimani Commercial CourtsCivil Suit
….……………………………………..6TH DEFENDANT R U L I N G The application is a notice of motion dated 19th June, 2008. It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules.…
…Order L Rule 1 of the Civil Procedure Rules provides that any application to court may be filed by motion where the rules do not expressly provide for a different procedure.…
Division and case type: Milimani Commercial CourtsCivil Suit
….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…
…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsElection Petition
…Both learned counsel for the 1st and 2nd respondents and the 4th respondents respectively have moved the court by way of Notice of Motion to have the petition dismissed or struck out against the 2nd respondent and 4th respondent…
…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…We think that we are stating the law correctly when we say that under section 204 of the Criminal Procedure Code the court cannot proceed on its own motion it must be moved by the complainant.…
Division and case type: Anti-CorruptionPetition
…The Petitioner in his Notice of Motion Application dated 3rd July, 2015 has sought for the following orders; a.…
…Together with the Petition he filed a Notice of Motion Application dated 8th July, 2014.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…The charge document, i.e. annexture AN1 at page 7 of the plaintiff’s supporting affidavit to the Notice of Motion Application dated 12th January 2012 contains a schedule which narrates that the rate of interest is 18% and…
…Referring to both the Plaintiff’s bank statement annexed to the Plaintiff’s Further Affidavit marked as ANM2 already referred to above and the Plaintiff’s bank statement found at page 15 of the Plaintiff’s Notice of Motion…
Division and case type: Anti-CorruptionCivil Appeal
…made vicariously liable for the tort of his employee, not because the plaintiff is an invitee nor because of the authority possessed by the servant, but because it is a case in which the employer, having put matters into motion…
…, should be liable, if the motion that he has originated leads to damage to another” (underlining is mine).…
Division and case type: Milimani Commercial CourtsCivil Case
…It is a Notice of Motion dated 8th May, 2007 expressed to be brought under Order XLI rule 4 and Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is a Notice of Motion dated 8th May, 2007 expressed to be brought under Order XLI rule 4 and Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…In the circumstances, he prayed that the 3rd Defendant’s notice of motion filed on 13th July, 2010 be dismissed with costs and the ex parte orders Nos. 1, 2, 3, 4 and 8 be confirmed and granted and that prayers Nos.5, 6,…
Division and case type: Milimani Commercial CourtsCivil Case
…relating to police supervision this court has already observed during the request for stay of those orders that this substantive prayer should not have been included and the same is reviewed and set aside on the court's own motion…
Division and case type: Milimani Commercial CourtsCriminal Case
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
…The application for Order of Prohibition was based upon a statement required to be filed under the Rules and attached to the motion as well as the applicant’s own affidavit sworn in support.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
…The application for Order of Prohibition was based upon a statement required to be filed under the Rules and attached to the motion as well as the applicant’s own affidavit sworn in support.…