Judgment[2022] KEHC 16982
Case law
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Division and case type: CriminalMiscellaneous Criminal Application
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CriminalMiscellaneous Criminal Application
is between one to ten and one to twelve. It is not difficult to arrange well-conducted parades.
Division and case type: Environment and LandMiscellaneous Application
that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. The Respondent did not call any witness and the medical reports were produced by consent of both parties.
Division and case type: CriminalCriminal Case
Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL APPEAL 7 OF 2012 EN MAINA & SO OKONG'O, JJ DECEMBER 30, 2013 BETWEEN MARCELLA NYABONYI OTIENO ...................................................... APPELLANT AND REPUBLIC ........................................................................................
Division and case type: High Court CivilConstitution and Human Rights Election Petition
…Two applications are before court for determination. The first application is by the petitioner. It is an application for withdrawal of an election petition which he filed on 9 September 2022.…
…I will proceed on the assumption that the application was filed on 6 October 2022 which, as noted, is the date of the application. The second application is the application to strike out the petition.…
Division and case type: High Court Judicial ReviewJudicial Review
…lodging the application for judicial review.…
…However, none of those provisions expressly oust the application of Order 53 (1) of the Civil Procedure Rules in applications for judicial review.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Nevertheless, I do not have consider this omission fatal to the application. 7.…
…I have considered the application and the arguments by the parties. The application is supported by an affidavit sworn by counsel for the Plaintiff.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The application is supported by the affidavit of the Applicant’s director, Martin Kanyingi, sworn on 15th November 2021. 2. The Respondent opposes the application.…
…it has three months from 18th November 2021 to file the application to set aside the Final Award which time expires on 18th February 2021. 6.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The facts of the case giving rise to the application are not in dispute.…
…shall be void if the application is successful. 9.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Application 5.…
…They relied on Rajput v Barclays Bank of Kenya Ltd & 3 Others [2004] 2 KLR 393, 407 where Emukule J., expressed the following view: There is no doubt the application is an all-cure omnibus application.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…It has also filed an application dated 23rd June 2022 seeking to stay execution of the decree pending hearing and determination of that application.…
…The application for stay has since been spent as the court granted the stay pending the ruling of the application for leave to file the Reference out of time.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether the application is incompetent 8. The Defendants have raised the issue that the application is incompetent.…
…application is res judicata. 9.…
Division and case type: High Court Commercial and TaxCommercial Matters
…There are two applications for consideration before the court.…
…The application was canvassed by written submissions. Background 3.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…There are two applications for consideration before the court.…
…The application is supported by the affidavit of the Client’s Managing Director, Premji Vekaria, sworn on 10th February 2022. The application is opposed through grounds of opposition dated 6th May 2022. 2.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiff in the application dated 01.12.2022 seeks several orders among them an order for leave to execute the Preliminary Decree dated 17.08.2021 before taxation of costs.…
…The application has other prayers which I agree with counsel for the Defendant are not warranted. I do not see any reason to refuse the application for leave although it is opposed.…
Division and case type: High Court Commercial and TaxCommercial Matters
…As I stated elsewhere, the parties filed extensive written submissions on the application but I think resolving this matter is straightforward particularly in view of prayers sought in the application as I have set out in…
…When the matter was placed before me on 16th August 2021, I granted it in terms of prayer No. 2 in the application dated 13th August 2021. This means that the prayer is exhausted once this application is determined. 8.…
Division and case type: High Court Commercial and TaxCommercial Matters
…There are two application for consideration today. The fist one is dated 18.02.2022 by Objector, Intespar Ltd.…
…I allow the application to the extent that the execution against the Objector is now raised. The Decree- Holder shall bear the costs of the application.…
Division and case type: High Court Commercial and TaxCommercial Matters
…On 28th September 2022, the court delivered a ruling allowing the 1st, 2nd and 4th Defendants’ applications striking out the suit on the ground that it was an abuse of the court process.…
…The application is supported by Evans Nyagah’s affidavit sworn on 12th October 2022.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…There are two applications before the court for resolution following taxation of the Advocate/Client Bill of Costs in this matter.…
…In the application dated 12.01.2022 the Advocates seeks judgment on the Certificate of Taxation under section 51(2) of the Advocates Act while the Clients, in their application dated 22.02.2022, seek an amalgam of orders…
Division and case type: ELC AppealsAppeal
…In the said Judgment, the Court set aside the ruling delivered by the National Environment Tribunal on 25th July 2022 and made an order that the Tribunal do consider the Appellant's application dated 2nd June 2022.…
…The Appellant has therefore come back to this Court with an application dated 22nd December 2022 seeking further orders barring the 2nd Respondent from undertaking construction in respect to L.R No. 1109/323.…