Case law
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Division and case type: CivilCivil Suit
….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: FamilySuccession Cause
…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.…
Division and case type: Environment and LandPetition
…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…
…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC................................................…
…The appellant now appeals to this court against his conviction and sentence of death pronounced on February 3, 1983 having been given leave to appeal to this court on October 11, 1983 upon the 8 grounds as set out in his application…
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 Suit
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
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: 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
…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…
Division and case type: CivilCivil Appeal
…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…