Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Environment and LandCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Both applications were heard together with a view to give a composite ruling. Mr.…
…It was not in doubt or disputed that when the Respondents filed their first application to set aside the award on or about 1st April 1998 30 days had long expired after the award was read on 22nd January 1998, The fresh application…
Division and case type: Constitutional and Human RightsPetition
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Case
…has an oversight jurisdiction over the exercise of the Attorney General’s power to terminate criminal prosecutions. (6) The Attorney General’s exercise of discretion to terminate proceedings can only be challenged by an application…
…The private prosecutor will be required to first make an application before the High Court challenging the exercise of the Attorney General discretion. (10) The Constitution section 26 (8) guarantees the Independence of the…
Division and case type: CRIMINAL DIVISIONCriminal 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 Appeal
…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.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…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..........…
Division and case type: CriminalCriminal Appeal
…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..........…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…