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…But the Court of its own motion, and in the interests of justice, raised the issue whether or not the plea was unequivocal.…

…By a further misfortune, before the substantive appeal could come on, Ranchod died on January 14, 1984, and Bhavin, the son of Ranchod and Hiraben has now applied by Notice of Motion to this court under Rules 42 and 96:-…

…It will be observed that the form of the Motion is to appoint (1) Bhavin to represent “the first appellant now deceased”, whom we take to mean Ranchod himself, and (2) Bhavin and Lalita to represent “the second appellant…

…NO. 1059 OF 1999) ********************* R U L I N G I have before me an application by way of Notice of Motion brought under Rules 4 and 42 of the Court of Appeal Rules (the rules) in which the applicants herein seek the…

…They returned to court on 27th July, 2004, after grant of leave, and filed a fresh notice of motion in Misc. Civil. Appl. No. 946/04 (946/04) seeking further judicial review orders.…

…THAT the substantive motion in the aforesaid suit was heard by this Honourable Court and determined on 10th June, 2004. A true copy of the order issued by the court is annexed hereto and marked “AHM-2”. 4.…

…NO. 3480 OF 1985) ******************* R U L I N G By their application dated and filed on February 26, 1993, the applicants by a motion on notice seek an order that the time for filing a record of appeal be extended.…

…is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case where the appeal is incompetent, though the court may in a proper case insist that the application be made by motion…

…We accordingly dismiss the preliminary objection and proceed to determine the question raised by the Notice of Motion filed on 26th March, 1984. Dated at Nairobi this 17th day of April, 1984.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…In order to comply with the arbitration provision in the contract the steps necessary for a reference to arbitration must be set in motion by the party on his initiative or in response to an invitation by the other side.…

…therefore unfair criticism by Mr LePelley to have told us while arguing the appeal that the learned judge was unreasonably of the view that the defendant should willy-nilly have itself set the arbitration proceedings in motion…

…The history of the matter is as follows: On April 5, 1988, the applicants who were then students at the respondent college moved the High Court Nakuru by a notice of motion under order 53 rule 3 of the Civil Procedure Rules…

…On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…

…On a proper analysis the High Court was bound to conclude that it had no jurisdiction to hear the notice of motion. 11.…

…The motion is one of jurisdiction. Jurisdiction in Admiralty actions is statutory, and is dened by the Administration of Justice Act 1956.…

…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…

…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…It should have been brought by motion on notice under Order XLV rule 15 only. See Order XLV rule 19 and Hassam Karim & Co Ltd v Africa Import and Export Central Corpn Ltd [1960] EA 396 (T).…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…

…By a Notice of Motion dated 10th March, 1992 and made under order XXXV rules 1 and 2 of the Civil Procedure Rules, the respondent applied to the superior court for summary judgment against the appellant in the sum of Kshs…