Case law
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Division and case type: Constitutional and Human RightsElection Petition
…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?…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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?…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…
…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…
Division and case type: CivilCivil Appeal
…Let it also be borne in mind, what the limits of the application were. Section 28(1) of the Act (cap 22) permits an ex parte application to be made.…
…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CivilCivil Case
…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…
Division and case type: CivilCivil Appeal
…It is clear that before the application was brought there was no clear refusal.…
…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…
Division and case type: CriminalCriminal Appeal
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CriminalCriminal Appeal
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CriminalCriminal Appeal
…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…
Division and case type: CriminalCriminal Appeal
…That, unfortunately, is not an end of the matter because there remains the vexed question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986…
Division and case type: CivilCivil Appeal
…AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection to the injunction application…