Judgment[1999] KECA 110
Case law
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Division and case type: CriminalMiscellaneous 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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
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.…