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…The first one is that the learned Principal magistrate erred in proceeding to hear the two applications in the face of the stay order in HC Misc. Civil Application Number 261 of 2006.…

…The second issue that the Appellant was not given sufficient notice for the hearing of the applications has equally no merit. The applications had been served much earlier.…

…Twelve months elapsed before an application was brought. An application was brought after the suit had abated. The application was not argued.…

…Had the parties not entered into a consent order with regard to the orders which were sought in that application the court would have considered the application on the merits.…

…The application is supported by the affidavit of one Yasmin Abdulkarim Ali, who was the then advocate for the plaintiff when the application was filed.…

…Mr Congo argued the application before me. No other affidavit apart from that sworn by Mrs Ali was filed on behalf of the plaintiff. The defendant, Container Freight Co Ltd, opposes the application.…

…The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Companies Act.…

…The application is brought under order XXV r1 of the Civil Procedure Rules and s 401 of the Companies. Nothing specifically turns on the rules under which the application has been filed.…

….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depending…

…In particular the court will have to be told the possible effect of this on the 3 pending applications and the entire suit. Dated at Mombasa this 16th day of December 2010. M.K. IBRAHIM J U D G E…

…“If no affidavit and no statement under sub rule 1 is filed an order may be made on the application ex parte.” I accordingly gave summary judgment to the plaintiff as prayed in the plaint.…

…Unless the directors of the objector, who had been parties to the application which culminated in that ruling, succeeded on appeal and had that ruling set aside I am bound to find and hold that objection against the attachment…

….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…When the summons came upon for interpartes hearing the parties’ advocates agreed by consent not to argue the application but left it to this court to make a decision on the basis of the application and affidavits for or against…

…The plaintiff opposed this application stating that judgment was entered by consent on 6th March, 2003 and the defendant has not paid a single penny as a sign of good faith towards reducing the debt.…

…There was a further affidavit which he swore and filed on the morning of 24th May, 1989, the date this application came for hearing.…

…Two grounds were put forward in opposition of the application. The first ground was that the application is misconveived. The second one is that this Court lacks jurisdiction to entertain the application. Mr.…

…However, rule 4 of Order 39 of the Civil Procedure Rules is wide andenough and covers the present application. It is as follows:- "4.…

…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…

…The succeeding advocate then filed an application asking the court to set aside the default judgment so that the defendant could file its defence. Held: 1.…

…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…

…It is with these principles in mind that I have to consider an application brought under certificate of urgency by the defendant in this case.…

…It is now the plaintiff’s case that circumstances surrounding the case between December 1996 when he brought his first application and 19.5.95 when he filed the present application have changed so drastically that if the…

….…………..RESPONDENTS RULING This application is brought by Chamber Summons under Order IXB rule 8 and O XXI rule 22 Civil Procedure Rules. The applicants are the defendants in the suit.…

…Thirdly, that provision be made for the costs of the application. The applicants essentially beg this court to exercise its judicial discretion in their favour.…

…The plaintiff contends that this term should have been abided by had the plaintiff only signed the loan application form from the plaintiff’s financier - the Premier Savings & Finance Limited of Mombasa, which, he asserts…

…I would be constrained to grant the injunction sought by this application.…

…The matter was before the Judge on July 9th, 1985 and the upshot was that the Judge granted the defendants’ application with costs.…

…Counsel urged that the Judge was invited to substitute the correct name and submitted that the Judge erred in refusing to do so without an application.…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…Gikandi for the Plaintiffs abandoned the application as regards the 2nd Defendant, B.R. Patel.…

…Mr Obhrai who appeared on behalf of the Council in this application argued several points in support thereof.…

…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…

…The 1st Defendant vigorously opposes the application. He denies that there subsists a valid Taita Customary Law marriage between himself and the Plaintiff.…

…, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal.…