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…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…The respondents will have the costs of both the appeal and the motion. Dated and delivered at Nairobi this 23rd day of September, 1996. R. O. KWACH ……………………… JUDGE OF APPEAL A. M. AKIWUMI ……………………….. JUDGE OF APPEAL A.…

…We allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…

…None was alleged either in the Notice of Motion or in the supporting affidavit. Mrs. Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…The affidavit in support of the motion sworn by him details their grieviances in the manner the arbitration was conducted as their witnesses and two appellants were not summoned to attend.…

…Inspite of the appellants complaining that they were unaware how their advocate conducted the case which led to withdrawal of instructions, their motion was dismissed with costs.…

…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…

…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…Kowade on this motion. It was submitted by Mr.…

….…….DEFENDANT R U L I N G The Originating Notice of Motion dated 22.4.2003 is filed by a former military personnel who was Court martialed as a result of a failed military coup in Kenya in 1982.…

…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…

…Maina and Company Limited, by this Notice of Motion, seeks orders that the Notice of Appeal dated 31st January, 1996 and filed in the superior court at Mombasa on 1st February, 1996 was duly and properly served by ordinary…

…The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O. KWACH ……………… JUDGE OF APPEAL P.K. TUNOI ………….. JUDGE OF APPEAL A. B. SHAH …………………..…

…** RULING OF THE COURT The counsel for the applicant, though having filed Notices of Appeal in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion…

…between them. 2.The applicant shall within the said 21 days pay to the respondents the rent for July and August 2000 and thereafter pay on its due date the rents for September and subsequent months. 3.The costs of this motion…

…The applicant has explained the delay from 25th October, 1995 to 21st May, 1996, when he filed this motion, to ill health and since he appears to be acting in person, I think it is excusable.…

…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 allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…

…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…

…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…

…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…

…It may now be taken as settled law, laid down by this Court, that it is an actionable trespass wrongfully to set the law in motion so that the wrong goods are seized, or the wrong person is arrested, see Blassio Simiyu v…

…For my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or…