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…The application for Order of Prohibition was heard by two Judges of the High Court.…

…It seems to us that the application in these proceedings comes more appropriately as a fundamental right application under section77(1) of the Constitution as referred to in section84(1) above.…

…From the Bill of Costs, the applicant had indicated that the hearing of the application lasted an HOUR.…

…APPLICATION NO. 1847 OF 2002 at page 4; "It is the Plaintiff to decide how it pleads or makes its claim.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO. 648 OF 1985 NATGIL ENTERPRISES LIMITED........................................................PLAINTIFF VERSUS GATUKUYU COFEE GROWERS COOPERATIVE…

…Accordingly I enter judgment for the plaintiff as prayed in the plaint together with the costs of this application. Dated and Delivered in Nairobi this 2nd day of December 1985. D.SCHOFIELD JUDGE…

…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.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO 1624 OF 1979 MARTINE APIYO WAINDI …………. ……………………………...……….. PLAINTIFF VERSUS PHARMACEUTICAL MANUFACTURING CO LTD & ANOTHER …....…

…The main grounds for the application as expressed on the face of the application are as follows:- (i) That the defendant has not served the mandatory Statutory Notice under the Transfer of Property Act on the Estate of the…

…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…

…By the application, the Applicant seeks from the Court the following orders – 1. That the application herein be certified as urgent and be heard ex-parte in the first instance. 2.…

…That costs of this application be provided for.…

…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…

…He therefore says that they and not he should bear the costs of the application.…

…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…The application is opposed by the respondent on the ground that no explanation has been put forward by the applicant to justify the grant of the orders sought.…

…The above mentioned a application was then before the Duty Judge as per the Order of this court dated 19.11.84.…

…The present plaintiff/applicant’s application is supported by the affidavit of its counsel annexed thereto.…

…The application is therefore proper.…

…On the court's assessment of the facts in this application, it is clear that the parties argued two injunction applications against each other.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC................................................…

…The appellant now appeals to this court against his conviction and sentence of death pronounced on February 3, 1983 having been given leave to appeal to this court on October 11, 1983 upon the 8 grounds as set out in his application…

…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…