Search court decisions

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…

…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…

…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.…

…Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application…

…application.…

…(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 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.…

…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…

…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to 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.…

…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 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…

…The application of the common law and statutory provision in section 6 of the Judicature Act cap 8 gives absolute privilege to the respondent.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…Under section 47 of the Law of Succession Act, a judge of the High Court has jurisdiction to entertain an application, determine any dispute and make such orders as may be expedient.…

…In our judgment, therefore, it is those words which should be looked at for the purpose of determining this part of the application.…

…Chunga, for the Republic, vigourously opposed the application. The Chief Magistrate ordered that:- a. The appellant be allowed to go out of the jurisdiction of the court. And b.…

…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…

…The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August…

…25, 1983, until September 27, and continued by Sachdeva J, until the hearing of the application.…

…The defect according to the Uganda High Court is curable by an application to the court under the provisions of the Constitution for directions.…

…I agree with the Attorney General that the appropriate forum for such an application is not the High Court but the review tribunal referred to in paragraphs (c), (d) and (e) of section 83(2).…

…considered the jurisdiction donated to it by section 84(1) of the old Constitution and arrived at the conclusion that the High Court while sitting as a constitutional Court has original jurisdiction to hear and determine an application…

…with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress. (2) The High Court shall have original jurisdiction – (a) to hear and determine an application…

…against the weight of evidence and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application…

…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…

…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…

…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…