Case law
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Division and case type: CivilCivil Case
…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…
…They cannot proceed forever, going back and forth in courtin one form of application or another.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…This is a ruling on an application for joinder by the proposed interested party filed by Notice of Motion dated 3rd October 2016. The application for joinder is not opposed by the respondents.…
…with legal capacity to sue and be sued and therefore incapable of filing such an application and consequently one which cannot participate in this constitutional petition.” 2.…
Division and case type: CivilCivil Appeal
….… RESPONDENT (Appeal from the Ruling and Order of the High Court at Nakuru (Tunoi J) dated 12th April 1989 in High Court Misc Civil Application No 10 of 1987) JUDGMENTS Nyarangi JA.This is an appeal from a ruling given on…
…April 12, 1989 by Tunoi J whereby he refused the appellants’ application for orders of mandamus against Egerton University College (the College).…
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 318 OF 1996 (UR.122/96) BETWEEN EVANSON K. NJOROGE..................................1STAPPLICANT DR.…
…NO. 2891 OF 1995) ********************** RULING OF THE COURT: Applications Nos. 318 and 319 both of 1996 have been consolidated and have been argued together.…
Division and case type: Milimani Commercial CourtsCivil Case
…By the application, the Applicant seeks from the Court the following orders – 1. That the application herein be certified as urgent and be heard ex-parte in the first instance. 2.…
…That costs of this application be provided for.…
Division and case type: FamilySuccession Cause
…At the hearing of the application only the alternative prayer was pursued.…
…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…
Division and case type: CivilCivil Case
…The grounds upon which the application is based have been set out. there is also an affidavit in support of the application sworn by one Peter Murigi Njirwa, the Managing Director of the Applicant/defendant company.…
…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…
Division and case type: FamilySuccession Cause
…In my view that does not apply to applications under Law of Succession Act(Cap.160).…
…He said the application is therefore misconceived. Mr.…
Division and case type: CivilCivil Appeals numbered
…(IN CHAMBERS)) CIVIL APPLICATION NO.…
…in both the applications are identical.…
Division and case type: CivilCivil Appeal
…The first one is that the learned Principal magistrate erred in proceeding to hear the two applications in the face of the stay order in HC Misc. Civil Application Number 261 of 2006.…
…The second issue that the Appellant was not given sufficient notice for the hearing of the applications has equally no merit. The applications had been served much earlier.…
Division and case type: GeneralUnclassified
…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: Constitutional and Human RightsPetition
…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…
…The order can be rescinded if application made promptly and before the order is perfected.…
Division and case type: CivilCivil Case
…1983 CREDIT CORPORATION LTD....................................................................PLAINTIFF VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application…
…Her application is based on the issue of alleged non-service of summons upon her. How was she served?…
Division and case type: CivilCivil Case
…It is upon the application of these relevant principles that I shall decide this application.…
…Application upon application, nay, a deluge of applications, will inundate the Courts. We shall then establish a culture of unreasonable disobedience. Institutions shall be ran by excessive judicial intervention.…
Division and case type: Milimani Commercial CourtsCivil Case
…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…
…He therefore says that they and not he should bear the costs of the application.…
Division and case type: CivilCivil Case
…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…
…The thrust of the defendants opposition to the application is that the plaintiffs have not made out a prima facie case; the defendant is entitled to terminate the licence as the plaintiffs have never achieved their targets…
Division and case type: CivilCivil Case
…Twelve months elapsed before an application was brought. An application was brought after the suit had abated. The application was not argued.…
…Had the parties not entered into a consent order with regard to the orders which were sought in that application the court would have considered the application on the merits.…
Division and case type: CivilCivil Appeal
…He filed his application for this leave on January 5, 1984, in the Kisumu Court of Appeal sub-registry.…
…As far as I can make out, the facts behind the application are these: Wamunyama’s mother died and he had to slaughter a cow to mark that sad event.…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application under Order IXA Rules 10 and 11, of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.…
…The application is opposed by the respondent on the ground that no explanation has been put forward by the applicant to justify the grant of the orders sought.…
Division and case type: CivilCivil Case
…The application is supported by the affidavit of one Yasmin Abdulkarim Ali, who was the then advocate for the plaintiff when the application was filed.…
…Mr Congo argued the application before me. No other affidavit apart from that sworn by Mrs Ali was filed on behalf of the plaintiff. The defendant, Container Freight Co Ltd, opposes the application.…