Case law
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Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…
…The respondent has not appeared, though served, to contest the application.…
Division and case type: GeneralUnclassified
…(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.…
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: CivilCivil Appeal
…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.…
Division and case type: GeneralUnclassified
…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.…
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: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…On 21t February, 1995 faced with all the three applications, counsel for both parties agreed that all the three applications namely: application for eviction filed on 23rd August, 1994, application for review filed on 26th…
…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…
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: CriminalCriminal Appeal
…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: 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: 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
…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: 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: 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
…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.…
…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.…