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…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…

…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…

…Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application…

…application.…

…The Deputy Registrar of this court is entitled to be heard on any such application and Mr Alvel Singh exercised his right.…

…I would refuse to review it even if I were satisfied that, this was a proper application for review.…

…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…

…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…

…On 21t February, 1995 faced with all the three applications, counsel for both parties agreed that all the three applications namely: application for eviction filed on 23rd August, 1994, application for review filed on 26th…

…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…

…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.…

…Mr Gautama opposes both these applications. We will refer to each Mr Singh, alive or dead, in the rest of this order by his first name only. We need to set out now the chronology of the matter so far.…

…Returning to rule 96 (ibid) the important words “legal representative” concern us in this application. Who is the legal representative of the late Ajit Singh?…

…Rimita, J gave him an ex parte order on 4th July, 1994 and set the application down for hearing inter partes on 19th July, 1994.…

…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…

…The application of the common law and statutory provision in section 6 of the Judicature Act cap 8 gives absolute privilege to the respondent.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Under section 47 of the Law of Succession Act, a judge of the High Court has jurisdiction to entertain an application, determine any dispute and make such orders as may be expedient.…

…In our judgment, therefore, it is those words which should be looked at for the purpose of determining this part of the application.…

…The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August…

…25, 1983, until September 27, and continued by Sachdeva J, until the hearing of the application.…

…Chunga, for the Republic, vigourously opposed the application. The Chief Magistrate ordered that:- a. The appellant be allowed to go out of the jurisdiction of the court. And b.…

…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…

…While in the United Kingdom she made an application for asylum but the application for asylum was rejected by the Secretary of State for the Home Department.…

…Following an oral application by both counsel for the petitioner and Kituo on the 4th June 2012, I directed that the petitioner be released to the custody of the UNHCR accommodation facility pending further orders of the…

…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…

…full bench’s right to give leave to amend on an informal application during the hearing of an appeal under rule 44(2) of the rules.…

…The defect according to the Uganda High Court is curable by an application to the court under the provisions of the Constitution for directions.…

…I agree with the Attorney General that the appropriate forum for such an application is not the High Court but the review tribunal referred to in paragraphs (c), (d) and (e) of section 83(2).…

…against the weight of evidence and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application…

…considered the jurisdiction donated to it by section 84(1) of the old Constitution and arrived at the conclusion that the High Court while sitting as a constitutional Court has original jurisdiction to hear and determine an application…

…with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress. (2) The High Court shall have original jurisdiction – (a) to hear and determine an application…

…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…