Case law
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Division and case type: CivilCivil Suit
…The Respondent followed up the payment with an application before court.…
…The Applicant made various applications before this court (Chemitei, J).…
Division and case type: CivilCivil Appeal
…That costs of this application be provided for.…
…The learned magistrate therefore rightly made an order for stay of execution pending the hearing of the application to set aside the ex-parte judgment. That application was to be heard on the 24th of May, 1991.…
Division and case type: CriminalCriminal Appeal
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…
Division and case type: Environment and LandLand Case
…That Costs of this application be provided for. Mr. Riungu for the applicant stated that the plaintiff Abednego Golden Njeru was deceased.…
…He therefore prayed for Orders as per prayers 1, 2 and 3 of the application. 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: 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: CriminalCriminal Appeal
…When the appellant did appear on 24th September 1993 the prosecutor made an oral application that he should be convicted for contempt of court because he had failed to pay school fees for his children.…
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
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: 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.…
Division and case type: CivilCivil Appeal
…The appellant has by his petition of appeal challenged the learned trial judge’s application of principle to the evidence adduced before him and his assessment and award of damages at Kshs 10,000/=.…
Division and case type: CivilCivil Appeal
…The court granted the application by allowing the responding to plead and rely on the agreement made on March 27, 1980 for the purchase of 5.3 acres.…
Division and case type: CivilCivil Appeal
…Leaving aside for the moment the requirements of the Registration of Documents Act cap 284, it would seem that the Registrar is obliged to enter a Power of Attorney in the register thereof if the donor or the donee make an application…
…That power was unlimited in its application in respect thereof.…