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…CIVIL APPLICATION NO.…

…It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…

…CRIMINAL APPLICATION NO.…

…Thereafter the applicant did not make any application to the same court for bail pending appeal to this court as he should properly have done in view of the provisions of s.361 (b) of the Criminal Procedure Code as read with…

…CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................…

…Justice Shields) dated 17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…

…Accordingly, the application is dismissed with costs. Dated and delivered at Nairobi this 9th day of August, 1999. A.A. LAKHA ................. JUDGE OF APPEAL I certify that this is a true copy of the original.…

…The application was heard in court on 11th November, 2002 wherein counsel for the applicants repeated what was stated on the body of the application and the supporting affidavit while counsel the respondent opposed the release…

…Pending the hearing of the appeals, the appellant made an application for stay of execution and these are the applications which Justice Shields granted on 17th May 1993 condition of a deposit of Kshs.10,000/= per each appeal…

…The background of this application is as follows.…

…The learned Judge (Pall, J. as he then was) heard the two applications together.…

…It says in terms that an application shall be made ex parte. This is a strong indication that the judge is to decide the application on hearing one side only.…

…The judge dismissed his application and he appealed to this Court.…

…The inordinate delay in the filing of the application for review. 3. Absence of any sufficient grounds.…

…In respect of the ground that there was no sufficient reason for granting the application for review Mr Gaturu’s submissions were levelled mainly on the following two matters: 1.…

…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…

…appeal is against the order made by the Judge in these applications, Karugu Contractors is not a person directly affected by the appeal.…

…Firstly, there was application by Advocate Mr Kwach for the blood relations of the late S M Otieno after the judgment of Honourable Mr Justice Shields giving the corpse of the late S M Otieno to his wife Mrs Virgina Edith…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…The learned judge ruled that the application for amendment was made in bad faith and that it was not shown how the amount of special damages was calculated.…

…As already pointed out the learned judge had appreciated the situation and had hence suggested an amendment application before he proceeded to dismiss the suit. Mr.…

…Ibrahim were concerned with the Chamber Summons application filed along with the suit. Mr.…

…However improperly a defence may be on record, a judge in considering an application for setting aside an exparte judgment, has to look at the defence and consider its merits or demerits to enable him to decide whether or…

…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…

…The application by way of chamber summons for an injunction to restrain the respondents from so acting for the Acceptances and other associated companies or persons came up before the superior court (Shields, J) who in his…

…usual short and crisp ruling dismissed the appellants’ application with costs.…