“"application"” — court decisions

Judgment[2008] KECA 7513 November 2008

ABDULSHAKOOR KHANDWALLA v EAST AFRICAN BUILDING SOCIETY

Court of Appeal at MalindiJUDGE APPEAL,Khanna EABS,KhannaCivil Appeal (Appli) 164 of 2005

Division and case type: CivilCivil Appeal

…The brief background to the appeal, the subject matter of this application is briefly as hereunder.…

…The respondent, EABS filed grounds of opposition to the application. Mr.…

application is allowedAllowed10 min read

Judgment[1997] KECA 21328 January 1997

MARGARET MAKHANJU JOHN v DAVID JOHN KIBWANA

Court of Appeal at MalindiJUDGE APPEALCivil Appeal E019 of 2023

Division and case type: CivilCivil Appeal

…CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN ............................. APPLICANT AND DAVID JOHN KIBWANA (EXECUTOR) .....................…

…This application must fail for the reason that the learned judge of the superior court, Ang'awa, J. never heard and decided on the application for leave lodged by the applicant.…

1 min read

Judgment[1984] KECA 9329 January 1984

MUTUKU AND ASSOCIATES v FELIX R M KITONGA & BROS LTD

Court of Appeal at MalindiJUDGE APPEALCase number Civil Appeal 12 of 1983

Division and case type: CivilCivil Appeal

…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

1 min read

Judgment[1986] KECA 7021 July 1986

MNAZI MOJA ESTATES LIMITED v AMBALAL PURSHOTTAM MISTRY AND FIVE OTHERS

Court of Appeal at MalindiJUDGE APPEAL,Satchu,Ambalal MistryCase number Civil Appeal 47 of 1986

Division and case type: CivilCivil Appeal

…It is clear that before the application was brought there was no clear refusal.…

…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…

18 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…

appeal failsDismissed7 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

Appeal dismissedDismissed7 min read