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…CIVIL APPLICATION NO. NAI. 206 OF 1997 (89/97UR) BETWEEN MARGARET WANJIKU MWATHI ................................ APPLICANT AND DAGRET INVESTMENT..........................................…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…

…The respondent has not appeared, though served, to contest the application.…

…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo, Tunoi JJ A ) CRIMINAL APPLICATION NAI. 4 OF 1994 BETWEEN REPUBLIC.................................................................................APPLICANT AND 1.…

…Contempt proceedings do not fall outside the application of these general principles. We do not see any merit in the objections and we overrule them. Dated and Delivered at Nairobi this 27th day of April 1994.…

…(IN CHAMBERS) CIVIL APPLICATION NO.…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…

…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…

…Mwihia being instructed in February 1998 this application was not filed until 4th September 1998. This is a long delay which has not been explained.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…

….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…

…She adjourned the application to 26th April 1994 for hearing inter partes.…

…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…

…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…

…In this case, and at the present moment the application on record is for an order for committal to civil jail, for breaching a court order. The application has, of course, not yet been argued.…

…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 proposed defendant is not a party to that application. Indeed he cannot be for the simple reason that section 28(1) mandates that the such application "shall be made ex-parte."…

…It was also seen from the record that the applicant made a similar application to one before this court and that application was heard by my brother Justice Githinji on 25/4/91.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…