Case law
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Division and case type: CriminalCase number Criminal Application
…Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application…
…application.…
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: CivilCivil Appeal
…Application for summary judgment should not be allowed unless there are triable issues raised, in this case no triable issues raised, hence the lower court was correct in dismissing the application. Appeal dismissed.…
…Muslim Mohamed Jaffer Abdulla Kanji (the appellant) trades as ‘Airoquip & Applications’.…
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 Case
…The Respondent followed up the payment with an application before court.…
…The Applicant made various applications before this court (Chemitei, J).…
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: CriminalCase number Criminal Revision
…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: 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: CriminalCriminal Case
…The applicant who was aggrieved by the said order then filed an application to this Court seeking to have the said orders revised.…
…He seeks to challenge the application on a number of grounds as shown in his chamber summons dated 26th of October, 1992. Those grounds are:- 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: 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
…In the matter of an application of Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the…
…possession when he intends to demolish or reconstruct as in section 7(f) in cap 301] is ex hepothesi one in respect of which there is a subsisting tenancy, since sec 24(1) extends the current tenancy until the tenant’s application…
Division and case type: CivilCivil Appeal
…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…