“"ex-parte application"” — court decisions

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…

…The necessity for full and frank disclosure was even greater in an ex-parte application. 12. There was not full disclosure by the applicant of the material facts to the High Court.…

Appeal allowedAllowed77 min read

Judgment[1997] KECA 40225 May 1997

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Court of Appeal at NairobiRingera,JUDGE APPEAL,Russell,England,Skingsley,Njuguna,WaiguaCase number Civil Appeal 195 of 1995

Division and case type: CivilCivil Appeal

…(as he then was) after hearing very full arguments on an ex-parte application, declined to extend time to file suit on the grounds that (i) knowledge of possible legal liability is knowledge of a decisive character, (2) the…

…That until the other side is heard on the matter the leave, which by the relevant provision of the Limitation Act, 1963, must be given upon an ex parte application, is provisional.…

31 min read

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

Division and case type: CivilCivil Appeal

…If the aggrieved applicant/plaintiff is aggrieved by the decision of the superior court on the ex-parte application, he has a right of appeal to this court.…

Appeal failsDismissed19 min read

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Aberdare Freight Services Ltd v Kenya Revenue Authority

Owners of the Motor Vessel “Lillian S" v Caltex Oil

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Bernard M. Mbithi v Mombasa Municipal Council & another