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

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

…ZAKARIA MUIGAI GAKIBE CIVIL APPEAL NO. 199 OF 1996 (unreported) where, in a suit for specific performance of an alleged contract to purchase land, an application for extension of time within which an application for consent…

…In my view, that decision is clearly distinguishable from the facts obtaining in the present case.Here, an application for an injunction had been made to the learned Judge and he held "the application for injunction based…

…(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.…

…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.…

…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.…

…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…

…He therefore says that they and not he should bear the costs of the application.…

…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.…

…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…

…Let it also be borne in mind, what the limits of the application were. Section 28(1) of the Act (cap 22) permits an ex parte application to be made.…

…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…

…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.…