Search court decisions

…The Court has considered the record, Motion, affidavits and the Grounds of Objection and can make the following determinations. 11. One Swaroop P.…

…In the instant Motion, the Respondent has again moved the Court to grant him a stay of execution of the judgment. 20.…

…The Respondent opposed the motion vide grounds of opposition dated 18th March, 2024.…

…The Respondent avers that there is still to be filed a substantive motion for judicial review orders against the Respondent and the instant motion is meant to mislead this court to construe the instant motion as a contempt…

…The Court has considered the Motion, affidavits and submissions. 8.…

…The Motion dated 12 September 2024 is for dismissal. Claimant’s Motion 21.…

…Filed together with the Statement of Claim was a Motion seeking orders: (i) spent.…

…When the Motion was placed before the Court, it declined to certify it as urgent or to grant ex-parte injunctive orders. The Claimant was directed to serve the Motion ahead of directions on 6 November 2024. 5.…

…The Court has considered the Motion, supporting affidavit and submissions. 6.…

…Despite the grant of leave, the Court has relooked at the leave application and the instant Motion. 11.…

…The Court has considered the Motion, affidavit, Grounds of Opposition and submissions and the record. 6.…

…When the Notice to Show Cause came up on 6 June 2024, the Claimant did not satisfy the Court as to why the Cause should not be dismissed, hence the Cause was dismissed, prompting the Motion under consideration. 12.…

…The Court has considered the Motion, affidavits and submissions and conclude that despite the Notice of Withdrawal, it would have found the Motion unmerited because of the following reasons. 8.…

…It is not true that the Motion was dismissed when scheduled for a mention. 9.…

…The Court heard the Motion and, in a Ruling, delivered on 14 May 2024, dismissed the application. 5.…

…The Union filed a replying affidavit sworn by its 1st Deputy Secretary-General on 9 September 2024 in opposition to the Motion. 11.…

…Despite acknowledging service of the Motion on 4 July 2024, the Respondent did not respond to the Motion or attend Court on 19 November 2024 when the Court gave directions. 4.…

…The Court has considered the record, Motion, affidavit in support and submissions. 6.…

…The Court has considered the Motion, affidavits and submissions and can make the following determinations. 10.…

…Second, the instant Motion should have been made in Nairobi Cause No. 347 of 2012, and not presented as a Miscellaneous Motion. 12.…

…The Court gave directions on the Motion on 21 February 2025. 10.…

…The Claimant maintained that the Motion was a disguised application for review of two earlier applications for adjournment that had been declined. 18.…

…The crux of the Motion is that on 31st January, 2025, Hon.…

…On whether the motion herein was filed without unreasonable delay, I note that judgment in the matter was rendered on 31st January, 2025 and the Motion filed on 12th February, 2025, just 11 days after the said judgment.…

…The crux of the motion is that this Court (Hon.…

…The Respondent prays that the motion be dismissed. Determination 12. I have carefully considered the motion, the grounds in support and the those in opposition.…

…The ex-parte’s motion dated 22nd November 2024 seeks the following orders: a. Spent. b. spent. c.…

…It follows that the instant motion is overtaken by events in as far as it seeks to stop the 2nd respondent from prosecuting the said Misc. Application. 8. Besides, the proceedings in Misc.…

…The Respondent on its part, opposed the Motion vide a replying affidavit sworn by one Francis Kariuki in November, 2024.…

…The Respondent finally urges this court in the interest of justice to strike out the Notice of Motion application dated 30th October 2024 with costs. 16.…

…The Court gave directions on the Motion on 6 November 2024, and the Respondent filed submissions on 21 November 2024. 4.…

…The Claimant did not file any response in objection to the Respondent’s Motion. It did not file submissions. 8.…

…The Court has considered the Motion, affidavits and submissions and concludes that the Motion is without merit for the following reasons. 11.…

…In other words, the Motion sought orders in vacuo. 12.…

…Consequently, he prayed for the dismissal of the motion with costs because it is a delaying tactic. 7. The motion was disposed of by written submissions.…

…I have considered the motion, Affidavits and submissions and the only issue for determination is whether the application should be allowed. 8.…

…(On the Notice of Motion Application dated 29th February 2024 by the Claimant/Applicant) The ruling is on application by way of a Notice of Motion application by the Claimant /Applicant (herein “Applicant”) dated 29th February…

…Whether the Respondents’ filing of the Bill of Costs is a bar against the Applicant from lodging the instant Notice of Motion. Whether the Respondent's unfiled submissions are admissible in this court.…