Case law
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Division and case type: Commercial and TaxCase number Winding Up Cause
…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: CivilCivil Case
…However, rule 4 of Order 39 of the Civil Procedure Rules is wide andenough and covers the present application. It is as follows:- "4.…
…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…
Division and case type: CivilCivil 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: FamilySuccession Cause
…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: 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: Milimani Commercial CourtsCivil Case
…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…
…That the cost of this application and of the suit be borne by the Plaintiff. The application is based on the grounds that – 1. The Plaintiff does not have authority to institute this suit in his own name. 2.…
Division and case type: Constitutional and Human RightsElection Petition
…However it is not necessary for the purposes of this application to enumerate them in this ruling.…
…In response to the application to strike out the petition, the petitioner's learned counsel, Mr.…
Division and case type: CivilCivil Appeal
…Section 9(2) “where an application for consent in respect of a controlled transaction is made to a Land Control Board, and the Board does not determine the application within a period of three months after the application…
…is made, the application shall be deemed to have been refused at the expiry of that period.” 9.…
Division and case type: Constitutional and Human RightsPetition
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…
Division and case type: Environment and LandLand Case
…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: Environment and LandCase
…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: CivilCivil Case
…This Court (Githinji J) granted a decree of possession on 30th April 1991 pursuant to application under o XXXV Civil Procedure Rules.…
…As for prayer (6) in the application, review of the ruling of this Court is sought.…
Division and case type: CivilCivil Appeal
…This is a novel application in our experience which when totalled runs into quite a long number of years. It is the practice, and a good practice it is, normally to accept the trial judge’s notes as correct.…
…We would not like it to be taken that the court would be willing to embrace applications to that effect freely. In this instance the situation has a feature which makes it exceptional.…
Division and case type: GeneralUnclassified
…RULING This application by way of Chamber Summons brought under section 123 of the Criminal Procedure Code seeks order that the applicants case which was cancelled by the trial magistrate in KIB/CR.…
…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…
Division and case type: CivilCivil Case
…When this application came before Kuloba, J on 7.8.2003 he declined to certify this matter as having merits to be heard during the Court vacation.…
…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…
Division and case type: CivilCivil Case
…Kiveu pointed out that after the grant of the Letters of administration, the Applicant moved with expedition and filed the application for the revival of the suit and substitution as aforesaid.…
…The subsequent application for and procumbent of the Grant of Letters did not explain, nor did it prove that there was any sufficient cause from continuing the suit.…
Division and case type: CivilCivil Appeal
…That costs of this application be provided for.…
…The learned magistrate therefore rightly made an order for stay of execution pending the hearing of the application to set aside the ex-parte judgment. That application was to be heard on the 24th of May, 1991.…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…
…In her affidavit in support of the application, Lucy Wairimu Wamae depones that the plaintiff’s claim arises out of a contract agreement to transport milk and milk products.…
Division and case type: Commercial and TaxCase number Winding Up Cause
…I therefore hold that Section 228 is not applicable to the present application.…
…More so because he is the receiver and manager of its assets, I therefore uphold Mr Esmail’ preliminary objection and dismiss the application before me with costs as it does not lie.…