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…The Respondent followed up the payment with an application before court.…

…The Applicant made various applications before this court (Chemitei, J).…

…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.…

…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

…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.…

…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?…

…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.…

…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 supported by the affidavit in support, annextures and oral submissions in Court.…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…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.…

…Civil Application No. 10 of 2022, Onyango Otunga & Company Advocates v George Ogolla. 2.…

…In the case before the lower court, the Advocate led an application for taxation of the Advocate/Client Bill of Costs.…

…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…No application to extend the time had been made and the appellants pressed for specific performance before the trial court.…

…No such application was made. That agreement therefore is of no effect and no question of specific performance can lawfully arise.…

…It was further argued on behalf of the appellant that taking into account the age of the minor an award of Kshs 100,000/- was so inordinately high as to manifest error in application of principles. Held: 1.…

…The Shs 100,000/- awarded by the judge cannot be taken to be so inordinately high that the application of a wrong principle must be inferred. Appeal dismissed. Cases 1. Barnett v Cohen [1921] 2 KB 461 2.…

…But by an application for “review,” on December 6, 1985, Porter, J ordered the registration of Achacha Nyachienga, the defendant, to be maintained; but Ogowe Oliech was registered as having an overriding interest in possession…

…However, on the basis of that judgment, an application was presented to Porter, to require the defendant to show cause why he should not vacate the land.…

…He knew the plaintiff was proceeding with the suit and that being his only ground for alleging that the judgment should be set aside, his application must in my view fail.…

…As regards the 1st defendant, his application is based simply on the fact that he was never served with summons as alleged by Mr Okwatcho or at all.…

…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…

…The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…

…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…

…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…

…It was however not explained how 5 or 8 different applicants could be issued with one receipt after each has paid fees for his application.…

…As to what fees was to be paid, the learned state counsel submitted that PW1 had said that the fees was shs 200/= on an application and shs 100/ = for the renewal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Kneller JA, Chesoni & Nyarangi Ag JJA Criminal Appeal No 121 of 1983 JAMES NYANAMBA..............................................APPLICATION v REPUBLIC..........…