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…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…

…As background to the first, there was an application before Kneller JA, in Civil Application NAI 21 of 1983, by Muita Njuguna, who was the defendant in High Court Civil Case No 67 of 1978, (with which I understand the case…

…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.…

…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…

…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…

…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…

…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.…

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

…Gatonyes oral application. The application was stood over to the 6. 10.98 but on that day. Mr. Gatonye applied for adjourment to get full 6.10.98 but on that day.…

…The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

…The background of this application is as follows.…

…The learned Judge (Pall, J. as he then was) heard the two applications together.…

…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.…

…The application of the common law and statutory provision in section 6 of the Judicature Act cap 8 gives absolute privilege to the respondent.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…Under section 47 of the Law of Succession Act, a judge of the High Court has jurisdiction to entertain an application, determine any dispute and make such orders as may be expedient.…

…In our judgment, therefore, it is those words which should be looked at for the purpose of determining this part of the application.…

…Chunga, for the Republic, vigourously opposed the application. The Chief Magistrate ordered that:- a. The appellant be allowed to go out of the jurisdiction of the court. And b.…

…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…

…The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August…

…25, 1983, until September 27, and continued by Sachdeva J, until the hearing of the application.…

…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.…

…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…

…The application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…

…That application was heard by Cockar, Muli and Omolo JJ A who dismissed it and held that in this case an appeal lies to this Court. That ruling was followed by an application for leave to appeal.…

…The application must be refused, with costs.”…

…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…

…The defect according to the Uganda High Court is curable by an application to the court under the provisions of the Constitution for directions.…

…I agree with the Attorney General that the appropriate forum for such an application is not the High Court but the review tribunal referred to in paragraphs (c), (d) and (e) of section 83(2).…

…considered the jurisdiction donated to it by section 84(1) of the old Constitution and arrived at the conclusion that the High Court while sitting as a constitutional Court has original jurisdiction to hear and determine an application…

…with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress. (2) The High Court shall have original jurisdiction – (a) to hear and determine an application…