Case law
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Division and case type: CivilCivil Case
…CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion…
…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…
Division and case type: CivilMiscellaneous Civil Application
…That left the applicant only with order 50 rule 1 which provides:- “All applications to the Court, save where otherwise expressly provided for under these Rules, shall be by motion and shall be heard in open Court”.…
…This application should have been brought by way of notice of motion and not by a summons in chambers.…
Division and case type: CivilCivil Case
…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…
…I award to the Plaintiffs the costs of the suit and of the notice of motion. These shall be my orders.…
Division and case type: Commercial and TaxInsolvency Cause
…Secondly, it is said that the application for the debtor to be adjudged bankrupt was incompetent having been made by Chamber Summons instead of by Notice of Motion.…
…All the same under rule 15, the application for an order to adjudge the appellant bankrupt, should have been made by motion.…
Division and case type: CriminalMiscellaneous Criminal Application
…However, on 30th January, 1992, the applicant, through his counsel, Mr G B M Kariuki, filed a constitutional reference to this Court by way of originating motion pursuant to section 60 and 84 of the Constitution of Kenya,…