Judgment
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Division and case type: CivilCivil Appeal
…On a proper analysis the High Court was bound to conclude that it had no jurisdiction to hear the notice of motion. 11.…
…The motion is one of jurisdiction. Jurisdiction in Admiralty actions is statutory, and is dened by the Administration of Justice Act 1956.…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: CivilCivil Appli
…Appli 141 of 1998 IN THE MATTER OF: THE LAW SOCIETY OF KENYA CAP 18 LAWS OF KENYA AND IN THE MATTER OF: JUDICIAL COMMISSION OF INQUIRY INTO TRIBAL CLASHES IN KENYA R U L I N G This is an application by way of Notice of Motion…
…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…
Division and case type: CivilCivil Case
…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…
Division and case type: CivilCivil Suit
…It should have been brought by motion on notice under Order XLV rule 15 only. See Order XLV rule 19 and Hassam Karim & Co Ltd v Africa Import and Export Central Corpn Ltd [1960] EA 396 (T).…
Division and case type: CivilCivil Case
…For these reasons we would refuse the leave to appeal sought in the applicant’s notice of motion filed in this Court on 13 September 1990. We would make no order as to the costs of this application.…
Division and case type: CriminalCriminal Appeal
…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…
Division and case type: CivilCivil Appeal
…On 2nd April, 2004, over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard…
Division and case type: CriminalCriminal Case
…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…