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…According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law. When the application came up for hearing, the learned counsel for the Applicant Mr.…

…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…

…APPLICATION NO. 494 OF 2003 DOMINIC ARONY AMOLO……………………….……..……..PLAINTIFF V E R S U S THE HON.…

…Imanyara for the Applicant says that Limitation Act does not apply to the provisions of Constitution regarding Fundamental Rights and that the application as made under Section 84 of the Constitution renders Cap 22 inconsistent…

…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…

…I have carefully considered this application and the submissions of both counsels.…

…Counsel urged that the applicant’s application be allowed. Learned counsel for the respondent, Miss Okumu opposed the application for consolidation.…

…Has he considered the full implications of the complicated scenario his application is bound to create for the overall interests of justice?…

…RESPONDENTS RULING There is before the Court an interlocutory application in this petition.…

…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…

…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.…

…His name was omitted in the application Forms P&A 5 as a survivor of the deceased.…

…The issues raised in the said affidavits are as follows:- i) There is no valid application before the court as the application dated 20/8/99 is not validly endorsed by the applicant or his Advocate. ii) The application has…

…When the summons came upon for interpartes hearing the parties’ advocates agreed by consent not to argue the application but left it to this court to make a decision on the basis of the application and affidavits for or against…

…The plaintiff opposed this application stating that judgment was entered by consent on 6th March, 2003 and the defendant has not paid a single penny as a sign of good faith towards reducing the debt.…

…When this application came before Kuloba, J on 7.8.2003 he declined to certify this matter as having merits to be heard during the Court vacation.…

…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…

…Mr Kilonzo Jr opposed the application while Mr Mbaya for the 2nd and 3rd respondents supported it, even as he filed no papers in that regard.…

…Mr Mbaya maintained that in the event of this application being dismissed, still costs must go to his clients because they did not need to file any papers to support the application.…

…of the Civil Procedure Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial Review application…

…Rakoro for Plaintiff opposes the application saying that while he was dismissed in 1990, he appealed in 1992 and appeal was dismissed in 1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of…

…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…

…The quotation is contained in the HCC Misc Application 8 of 1997 Ex parte Johnson Knassnima Simiyu. The authority of Ex parte Kipngeno Arap Ngeny HCC Misc.…

…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…

…I award costs of this application and costs of the suit to the Defendant. It is so ordered. Dated and delivered at Mombasa this 30th June 2003. A.G.A. ETYANG JUDGE…

…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…