“"application"” — court decisions

Judgment[1998] KEHC 179

Judgment[1998] KEHC 11030 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobime on,Mitambo,Gatonye,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Mitambo Defendant,Mitambo We,Gatonye says Co,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Gatonye serve Mr,Muruthi,Koyoko,MitiamboCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

application succeedsAllowed2 min read

Judgment[1985] KECA 13726 February 1985

Meru Express Ser v ices

Court of Appeal at NairobiCockar,judge did make Lubia,JUDGE APPEALCase number Civil Appeal 21 of 1984

Division and case type: CivilCivil Appeal

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…This is not of course, the same as dismissing an appeal, as was made clear by Law JA in Belinda Murai and Others v Amos Wainaina, Civil application Nai 9 of 1978, in which he was later upheld by the full court.…

3 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

…So it would have been unfair and unjust to allow the application after such a long period. Nduhiu’s appeal was instituted on September 13, 1985.…

…Even the application to set it aside had not been made for four years. Order IXB rule 8 on August 2, 1979, which is the date when the application to set aside the judgment was filed, was this – “8.…

appeal is allowedAllowed12 min read

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 application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…

Appeal allowedAllowed77 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…That application was heard by Cockar, Muli and Omolo JJ A who dismissed it and held that in this case an appeal lies to this Court. That ruling was followed by an application for leave to appeal.…

…The application must be refused, with costs.”…

76 min read

Judgment[1990] KECA 2519 February 1990

MUNGA CONCRETE WORKS LTD v INDUSTRIAL DEVELOPMENT BANK LTD

Court of Appeal at NairobiJudge specifically holds HCCC,JUDGE APPEAL,KariukiCivil Case No 3131 of 1988

Division and case type: CivilCivil Appeal

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

appeal is allowedAllowed6 min read

Judgment[1984] KECA 428 June 1984

Choge & 3 others v Republic

Court of Appeal at NairobiJudge Assessors,Judge Assessors Mr,Judge did direct Assessors,judge find Musamali,judge rely Dr,judge could rely upon Dr,JUDGE APPEAL,Etyang,Kapila,Kibuthu,Witte,Musyoka Annan,Kariuki,Kibithu,Gathua Dr,Patel Dr Gathua,Njenga,Okoko,Muliro,Elgon Studio,Patel Dr,Musyoka,Kapila compared Baraza,Patel found Peter,Okoko Inspector Munyole,Etyang invited Court,Tuwei,Kapila made regarding Okumu,Otieno,Etyang stated Musamali,Kantilal Patel Dr,Gathua examined Musamali,Patel,MusyokaAnnanCase number Criminal Appeal 69 of 1984

Division and case type: CriminalCriminal Appeal

…Every commentary which has ever been written on this much discussed section has emphasised the need for care and restraint in the application of the section.…

…We reiterate that those passages represent the correct principles in the application of the section. Mr.…

77 min read