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…The Application is supported by the affidavit of the second defendant.…

…We have not been told why they did not oppose the application. The defence was struck out on the 23rd November 2000. This application was not brought until the 3rd August 2005 after execution had issued.…

….……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…

…The application is supported by the Applicants’ affidavit of 22nd September 2005 wherein he has sworn that he is registered as lessee for a term of 99 years of the suit premises.…

…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…

…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…

…The application was supported by an affidavit sworn by Terry C.…

…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…

…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.…

…Kiveu pointed out that after the grant of the Letters of administration, the Applicant moved with expedition and filed the application for the revival of the suit and substitution as aforesaid.…

…The subsequent application for and procumbent of the Grant of Letters did not explain, nor did it prove that there was any sufficient cause from continuing the suit.…

…good faith and that the plaintiff is abusing the court’s process The plaintiff filed a plaint, and simultaneously filed an injunction application on 23rd June 2003.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…