Search court decisions

…Consequently, the court found it lacked jurisdiction to grant leave and dismissed the application..…

…Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction to enlarge time for filing an application for leave to apply for certiorari…

…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…

…The application is tailored at buying time for the applicant and thus is an abuse of court process. 2.…

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

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

…That this application be heard inter-partes on 29.8.95. 4. That the costs of this application do abide the outcome of the application.…

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

…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.…

…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…

…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…

…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.…

…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.…

…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.…

…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..........…

…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..........…

…Oguyo, Jared Onanda v Republic Criminal Application No 6 of 1986 (KSM) Statutes 1. Penal Code (cap 63) section 320 2. Criminal Procedure Code (cap 75) sections 177, 178(7), 219 3.…

…It will be observed in this connection that the combined application for and Certificate of Official Search, Ex 3, have no bearing on the rectification, although they happen to have been made within a month.…

…Order XXXVI rule 3D subrules (1) and (2) of the Civil Procedure Rules, provides: “3D 1 1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons. 2 2) The summons shall be supported…

…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…