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…Whether substantive reliefs can be sought via a miscellaneous application 8.…

…The Court held that: “The applicant cannot seek the orders sought in its miscellaneous application without going through the process of filing suit.…

…The Respondent asserted that there were contested issues regarding the performance and enforcement of the contract between the parties, which could not be resolved through a miscellaneous application. 8.…

…The present proceedings are brought purely as a miscellaneous application. 12. The nature of the reliefs sought by the Applicant is critical.…

…The Preliminary Objection challenges the competence of these proceedings on the ground that the Applicants have sought substantive relief through a Miscellaneous Application without first instituting a substantive suit. 4…

…The Court in Scope Telematics distinguished cases where a miscellaneous application is permissible because no substantive rights are being enforced.…

…A stay of execution of the orders issued in Milimani CMCC Miscellaneous Application No. E2204 of 2025 pending the hearing and determination of this appeal. iv.…

…In particular, the appellant averred that subsisting stay orders issued on 1st April 2025 and 26th August 2025 in CMCC Miscellaneous Application No.…

…Whether the instant application is sub judice, Miscellaneous Application No. E872 of 2024. ii.…

…The 3rd Respondent highlights that the application in Miscellaneous Application No. E872 of 2024, dated 25th October, 2024, seeks similar reliefs, particularly Orders Nos 5 and 6.…

…The Applicant, Nancy Wanjiku Munyota, filed the present suit as Miscellaneous Application No.…

…The Respondent opposed the application, arguing that the Applicant’s suit was defective, as it was filed as a Miscellaneous Application rather than as a substantive suit.…

…Before the applications could be heard, the Court file in Miscellaneous Application No.…

…E063 of 2022 recognizing the arbitral award and subsequent appeal by the Respondent, the Respondent filed the instant preliminary Objection in Miscellaneous Application No.…

…First, that the proceedings are incompetent for having been commenced by way of a Notice of Motion in a miscellaneous application without a substantive suit. 5.…

…The record before the Court shows that the Applicants commenced these proceedings solely by way of a Notice of Motion filed in a miscellaneous application.…

…First, that the proceedings are incompetent for having been commenced by way of a Notice of Motion in a miscellaneous application without a substantive suit. 5.…

…The record before the Court shows that the Applicants commenced these proceedings solely by way of a Notice of Motion filed in a miscellaneous application.…

…Advocates, moved this Court by way of a Notice of Motion dated 22nd April 2025 seeking, inter alia, consolidation of this matter with Miscellaneous Applications Nos.…

…The Applicant seeks consolidation of seven miscellaneous applications, arguing that they involve common questions of law and fact.…

…The Court was clear that an application for leave to institute a derivative claim may be instituted by way of a miscellaneous application.…

…One may at that stage bring the Application for leave in terms of a Miscellaneous Application.…

…The Court in Odongo Investment Auctioneers v Gusii Water & Sanitation Company Ltd (Miscellaneous Application E27 of 2021) [2024] KEHC 1970 (KLR) (21 February 2024) (Ruling), upheld the ex-parte nature of such applications…

…, stating that; “An application under paragraph (2) shall be by motion by way of a miscellaneous application supported by an affidavit in a competent court, and in the case of distress for rent, repossession and attachment…

…A warrant of arrest was eventually issued by the lower court in execution of the decree, and the Applicant now approached this court vide a miscellaneous application seeking a myriad of prayers. 17.…

…The present miscellaneous application, filed parallel to the appeal, risks undermining that principle.…

…The Court was clear that an application for leave to institute a derivative claim may be instituted by way of a miscellaneous application.…

…One may at that stage bring the Application for leave in terms of a Miscellaneous Application.…

…Additionally, the Advocate asserted that each of the matters referred to in the Client's submission are distinct and that a miscellaneous application for taxation ought to be filed in each of the files and taxed separately…

…Vincent Ogutu t/a Visiongate Eye Care Consultant v JP Makokha & Company, Advocates (Miscellaneous Application E067 of 2022) [2024] KEHC 745 (KLR) (2 February 2024) where the court stated that: “The starting point should be…

…In his affidavit, the Advocate depones that the firm offered professional legal services to the Respondent in the Nairobi HCCOMM Miscellaneous Application No. E608 of 2019 Between Prof.…

…The background of the matter is that the Appellant filed an application dated 21st November 2024 in Miscellaneous Application No.E978 of 2024 seeking a stay of execution pending appeal against the judgment of the Tax Appeals…