GREENFIELD INVESTMENTS LIMITED v BABER ALIBHAI MAWJI
Division and case type: CivilCivil Appeal
…The background of this application is as follows.…
…The learned Judge (Pall, J. as he then was) heard the two applications together.…
Case law
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Division and case type: CivilCivil Appeal
…The background of this application is as follows.…
…The learned Judge (Pall, J. as he then was) heard the two applications together.…
Division and case type: CivilCivil Appeal
…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…
…appeal is against the order made by the Judge in these applications, Karugu Contractors is not a person directly affected by the appeal.…
Division and case type: CivilCivil Appeal
…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 judge dismissed his application and he appealed to this Court.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: CivilCivil Appeal
…Rimita, J gave him an ex parte order on 4th July, 1994 and set the application down for hearing inter partes on 19th July, 1994.…
…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…
Division and case type: CriminalCase number Criminal Revision
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…
Division and case type: CivilCivil Appeal
…Firstly, there was application by Advocate Mr Kwach for the blood relations of the late S M Otieno after the judgment of Honourable Mr Justice Shields giving the corpse of the late S M Otieno to his wife Mrs Virgina Edith…
…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…
Division and case type: CriminalCriminal Case
…The applicant who was aggrieved by the said order then filed an application to this Court seeking to have the said orders revised.…
…He seeks to challenge the application on a number of grounds as shown in his chamber summons dated 26th of October, 1992. Those grounds are:- 1.…
Division and case type: CivilCivil Appeal
…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.…
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.…
Division and case type: Constitutional and Human RightsPetition
…While in the United Kingdom she made an application for asylum but the application for asylum was rejected by the Secretary of State for the Home Department.…
…Following an oral application by both counsel for the petitioner and Kituo on the 4th June 2012, I directed that the petitioner be released to the custody of the UNHCR accommodation facility pending further orders of the…
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.”…
Division and case type: CivilCivil Appeal
…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…
…full bench’s right to give leave to amend on an informal application during the hearing of an appeal under rule 44(2) of the rules.…
Division and case type: CivilCivil Appeal
…Ibrahim were concerned with the Chamber Summons application filed along with the suit. Mr.…
Division and case type: CivilCivil Appeal
…In the matter of an application of Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the…
…possession when he intends to demolish or reconstruct as in section 7(f) in cap 301] is ex hepothesi one in respect of which there is a subsisting tenancy, since sec 24(1) extends the current tenancy until the tenant’s application…
Division and case type: CivilCivil Appeal
…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…
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…
Division and case type: Anti-CorruptionCivil Appeal
…The application by way of chamber summons for an injunction to restrain the respondents from so acting for the Acceptances and other associated companies or persons came up before the superior court (Shields, J) who in his…
…usual short and crisp ruling dismissed the appellants’ application with costs.…
…The application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…
…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…