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….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…

…The issues arising in this application are as follows:- 1.…

…discharge voucher and certainly this is an argument which would as well raise a triable issue which cannot be disposed of by way of this application.…

…In my view this application is misconceived if not bad in law for trying to drag a third party into a case without following the relevant procedures.…

…The respondents asked the High Court judge to hear the application in vacation which was granted under the provision of rule 3(1) of the High Court (Practice and Procedure) Rules.…

…of the application.…

…I have studied the plaint and the affidavit to support the application and the annexed documents.…

…Consequently in exercise of the courts discretion and notwithstanding that the application the application which has no merit, I grant the injunction in terms of prayer No. 2 in the application until 30.11.96 on the following…

…interval between the Service and the Interparte hearing of the application.…

…The requirement regarding the statement of the affairs of the Company is deferred until after and subject to the final order on this application.…

…Costs of the application.…

…hearing of this application.…

…It says in terms that an application shall be made ex parte. This is a strong indication that the judge is to decide the application on hearing one side only.…

…The judge dismissed his application and he appealed to this Court.…

…a suit involving the same lands when the application may be made by summons in chambers in that suit.”…

…It follows, in my judgment that the application for that purpose simply does not fall properly within order 36.…

…This application was heard for two days. On the first day the applicantspresented the application. Their advocate, Mr Chege, put forward submissions in support of the application.…

…On that day he did not turn up at the place and the time when the application was supposed to be argued. The court waited for an hour but he did not appear.…

…I do not need to go outside the explicit terms of this order to determine this application. I find no merit in this application which to my mind is premature. I dismiss the application with costs to the Respondents.…

…The application was supported by an affidavit of Fredrick N.…

…I do not need to go outside the explicit terms of this order to determine this application. I find no merit in this application which to my mind is premature. I dismiss the application with costs to the Respondents.…

…The application was supported by an affidavit of Fredrick N.…

…I reiterate that the instant application seeks that the originating summons be struck out.…

…What a court must consider in an application like this is now settled by a long line of decided cases and summarized as follows in the case of D.T. Dobie & Company (K) Limited V.…

…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.…

…Mr Gautama opposes both these applications. We will refer to each Mr Singh, alive or dead, in the rest of this order by his first name only. We need to set out now the chronology of the matter so far.…

…Returning to rule 96 (ibid) the important words “legal representative” concern us in this application. Who is the legal representative of the late Ajit Singh?…

…Their Lordships held; “A prima facie case in a civil application includes but is not confined to a “genuine and arguable case”.…

…The 2nd defendant was duly served with this application; he even attended court at the hearing of this application but did not say anything.…

…The present application was filed on the 14th March, 1997. There was no sort of delay whatever and the application is not opposed.…

…I allow the application and order that the notice of appeal be filed within 7 days of the date hereof and served upon the respondents within a further seven days from the date of filing.…

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…Kuria for the respondent concedes very properly in our view that the application should succeed.…