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…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…

…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.…

…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.…

…The background of this application is as follows.…

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

…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.…

…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…

…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.…

…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.…