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…The court is being called to strike out the application for being filed by way of a Notice of Motion as opposed to a Chamber Summons as provided by Rule 9 of the Rules.…

…It is common ground that the application has been brought by way of a Notice of Motion and not a Chamber Summons.…

…They have moved the court by the Notice of Motion dated 22nd March 2023 seeking an order that, “The Honourable Mr Justice David Majanja recuses himself from hearing the Notice of Motion dated 31st December 2022.”…

…The Notice of Motion dated 31st December 2022 has been filed by the Aggrieved Persons seeking to review, vacate and or set aside its orders made on 25th March 2021 and 24th June 2021. 2.…

…This is a ruling in respect of two Notices of Motion by the Plaintiff both dated 17/08/2023 and also on the Defendant’s Notice of Preliminary Objection (PO) dated 10/09/2023. Defendant’s Preliminary Objection 2.…

…of Motion 3.…

…The Court directed that it would hear both the Preliminary objection and the Notice of Motion concurrently and that parties canvass both by way of written submissions.…

…It is submitted that the Application having been presented by way of a Notice of Motion instead of Chamber Summons as stipulated by rule 49 is defective. 6.…

…By Notice of Motion dated 4th May 2023 and presented under Section 51 (1) and (2) of the Advocates Act, Order 51 rule 4, 10 and 13 (2) of the Civil Procedure Rules the Applicant, Midenga & Co Advocates seeks the following…

…I will proceed to determine whether the Preliminary Objection as presented is valid before delving into the merits of the Notice of Motion. 5.…

…Having found that the Notice of Motion dated 27th February 2023 is meritorious, I grant the following specific orders: 1.…

…the Notice of Motion without the plaintiff’s express and / or written consent pending the hearing and determination of the Originating Summons. 2.…

…This was given that the Respondent’s Advocate had on several occasions failed to attend court not even to prosecute the Notice of Motion dated 3rd November, 2022 which they themselves had filed. 2.…

…By the Notice of Motion dated 14th March 2023 the Respondent has urged this court to set aside the default judgment on grounds that the Respondent/Applicant has never been served with the documents in the forfeiture application…

…The Plaintiff has filed a Notice of Motion dated 11th January 2021 seeking an injunction restraining the Defendants from selling or otherwise disposing, through the exercise of the 1st Defendant’s (“the Bank”) statutory power…

…The Plaintiff filed this suit and also moved the court by the Notice of Motion dated 16th April 2020 under Order 40 rule 1, 2, 4 and 10 of the Civil Procedure Rules seeking an interlocutory injunction restraining the Defendants…

…Vide Notice of Motion dated 12th July 2021 presented under Section 3(3), Section 3(5), 26,29,32,40,41,42,45,67,68,76 of the Law of Succession Act 2001, Cap 160 of the Laws of Kenya and rules 35,36,37,38,63 Probate and Administration…

…In paragraph 5 of that Affidavit the Petitioner contends that the Application is not grounded in law and that the Sections of the Law of Succession quoted on the face of the Notice of Motion do not provide for the instant…

…In that regard, he has now filed the Notice of Motion dated 21st February 2022 made, inter alia, under Order 42 rule 6 of the Civil Procedure Rules seeking an order of stay of execution pending the hearing and determination…

…I allow the Notice of Motion dated 21st February 2022 on the following terms: (a) An order of stay of execution of the ruling and decree be and is hereby granted pending hearing and determination of the intended appeal on…

…The Applicant presents Notice of Motion dated 22nd February 2023 under Article 159 (2) (a), 165 (6) of the Constitution of Kenya, Sections 1A,1B and 3A of the Civil Procedure Act, Order 22, Order 51 Rule 1 of the Civil Procedure…

…THAT the application is fatally defective as a suit cannot be commenced by way of Notice of Motion therefore Order 51 Rule 1 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act cannot be used…

…By a Notice of Motion dated 20th December 2019, two interested parties; Grace Wamuyu Mathenge and Geepak Limited applied, inter alia, to be joined to the suit as interested parties and that the suit be struck out on the ground…

…Being aggrieved by the order striking out the suit, the Appellant filed the Notice of Motion dated 19th April 2020 seeking to review the order of 29th May 2022.…

…Before me is a Notice of Motion application dated 17th May 2023.…

…I have perused the said Notice of Motion application, the supporting affidavit of the Petitioner/Applicant as well as the documents attached thereto in support of the application.…

…Before me is a Notice of Motion application dated 17th May 2023.…

…I have perused the said Notice of Motion application, the supporting affidavit of the Petitioner/Applicant as well as the documents attached thereto in support of the application.…

…I accordingly find that the orders sought by the Applicant against the 2nd Respondent cannot issue and dismiss prayer 1 of the Notice of Motion dated 12th May 2023 13.…

…The Applicant vide prayer 2 of t4he Notice of Motion seeks injunctive prayers against the 1st Respondent asking that he be barred from selling, charging or disposing of the same.…

…Before the court is the 1st Interested Party’s Notice of Motion dated 2nd June 2022 made, inter alia, under Order 40 Rule 7 of the Civil Procedure Rules (‘’Application No. 2’’).…

…It seeks to stay execution and discharge the orders issued on 6th April 2022 pursuant to the Notice of Motion dated 15th March 2022 (“Application No.1”).…

…The Appellant has filed the Notice of Motion dated 14th December 2020 supported by the affidavit of its director, Vishal Agarwal, sworn on the same date. The Respondent did not file any response to the Application.…

…I allow the Notice of Motion dated 14th December on the following terms: (a) An order of stay be and is hereby issued staying execution of the judgment of the Tax Appeal Tribunal dated 18th September 2020 in Tax Appeal Tribunal…

…First, is the 3rd Defendant’s Notice of Motion dated 28th June 2021 made, inter alia, under Order 26 Rules 1 and 6 of the Civil Procedure Rules (‘’the Rules’’). He seeks an order for security of its costs.…

…Third, is the 5th Defendant’s Notice of Motion dated 12th July 2021 also made, inter alia, under Order 26 Rules 1 and 6 of the Rules.…

…of Motion dated 4th February 2022.…

…of Motion dated 21st April 2021 is incompetent.…