Search court decisions

…It was also seen from the record that the applicant made a similar application to one before this court and that application was heard by my brother Justice Githinji on 25/4/91.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…

…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…

…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…

…The application is brought by the plaintiff against the defendant.…

…Hence this suit and application.…

…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…

…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…

…The succeeding advocate then filed an application asking the court to set aside the default judgment so that the defendant could file its defence. Held: 1.…

…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…

…Thereafter the appellant filed two applications to the trial court (1) seeking leave to amend his plaint and (2) seeking a review of the judgment whereby his claim had been dismissed.…

…Both these applications were heard on December 24, 1985 and the rulings thereon were reserved till January 21, 1986 when both applications were dismissed.…

…Chacha that the 2nd Defendant was obliged to bring a formal application to have her preliminary objection argued. The Notice that was filed and served was satisfactory.…

…It is unnecessary for an objector who relied on a pure point of law to file a formal application. He is not interested in the facts; he does not dispute that claim against him.…

…CAUSE NO. 117 OF 1986) ******************* RULING OF THE COURT In this application the applicant seeks to have the appellant's appeal struck out for being incompetent for the reason that the record of the said appeal does…

…Mokaya for the appellant concedes this application but asks that he be allowed to withdraw the appellant's appeal.…

…Though the Application for leave under Order 53 (1) is ordinarily made ex parte, this court ordered that the same be heard interpartes.…

…to entertain the Application.…

…Shiundu - PM) RULING Before this Court is a second application for bond pending appeal expressed to be brought under section 357 of the Criminal Procedure Code.…

…This application is opposed and Mr. Jami prosecution counsel has served the appellants a Notice of enhancement of Sentence from fifteen (15) years to life imprisonment.…

…The defendant is Anne Nyawacha Mwok-Handa – the respondent in the present application.…

…An ex-parte order was given out but it was subject to the application being heard inter-partes. This was done and, hence, this ruling. The application is opposed and very bitterly contested.…

…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…

…appeal is against the order made by the Judge in these applications, Karugu Contractors is not a person directly affected by the appeal.…

…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.…

…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.…

…It is with these principles in mind that I have to consider an application brought under certificate of urgency by the defendant in this case.…

…It is now the plaintiff’s case that circumstances surrounding the case between December 1996 when he brought his first application and 19.5.95 when he filed the present application have changed so drastically that if the…

….…………..RESPONDENTS RULING This application is brought by Chamber Summons under Order IXB rule 8 and O XXI rule 22 Civil Procedure Rules. The applicants are the defendants in the suit.…

…Thirdly, that provision be made for the costs of the application. The applicants essentially beg this court to exercise its judicial discretion in their favour.…

…It has also asked that the costs of this application be provided for.…

…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…

…The court record shows that the last time this matter was in court was on 25th September 2002 and indeed, there it lay to sleep until the present application was filed.…

…Plaintiff’s counsel in submission stated that the 3rd defendants application was incompetent for failing to have a supporting affidavit.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…