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…A stay of the receiving order was made on May 18, 1989 following an application by the debtor for that order to be set aside.…

…Counsel said that the appellant’s application for the receiving order to be set aside was adjourned eight times.…

…The application is premised on the grounds on the face of the application and is supported by the affidavit sworn by the applicant on 24th February, 2016.…

…The application is opposed. The respondent filed a replying affidavit on 4th March, 2016.…

…Mr Kilonzo Jr opposed the application while Mr Mbaya for the 2nd and 3rd respondents supported it, even as he filed no papers in that regard.…

…Mr Mbaya maintained that in the event of this application being dismissed, still costs must go to his clients because they did not need to file any papers to support the application.…

…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…

…The issues arising in this application are as follows:- 1.…

…Secondly, the plaintiff/applicant asked for the costs of the application. The application was supported by the affidavit of Peter Njenga, the plaintiff himself.…

…This is the basis on which this application has been brought to court asking for an injunction to restrain the Defendant/Respondents from borrowing further sums of money using their security.…

…There was no application made for consent, as in my view, the law required. It follows that the plaintiff could not lawfully claim any right under section 57(1) of the Registration of Titles Act cap 281.…

…No application for consent had been made by July 12, 1988 the date of the caveat on the title of the suit premises and indeed no valid application was or has ever been made.…

…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.…

…It says in terms that an application shall be made ex parte. This is a strong indication that the judge is to decide the application on hearing one side only.…

…The proposed defendant is not a party to that application. Indeed he cannot be for the simple reason that section 28(1) mandates that the such application "shall be made ex-parte."…

…Namasake, Principal Executive Officer, F.K.E., filed, on behalf of the Company, an application under Section 16(5) of the Trade Disputes Act, Cap.234, Laws of Kenya (which is hereinafter referred to as the Act) for interpretation…

…Accordingly, the application for interpretation of the award arising from the proceedings to which Mr. Namasake was not a party amounts to an appeal against the award and clearly an abuse of the process of the law.…

…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.…

…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.…

…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.…

…Thereafter, he verbally terminated the appellant’s services and withdrew the application he had made to the Immigration Department for the appellant’s work permit.…

…he stated that the reason for the application was that he wished to employ the appellant as a teacher.…

…It would perhaps have been more appropriate if an application had been made under section 9 or 12 of the Arbitration Act, to replace an arbitrator who had refused to act.…

…Next, the learned judge refused Mr Ghadialy’s fourth application for leave to withdraw from the suit. Kuloba J then proceeded to hear the evidence of the respondent.…

…That the costs of this Application be borne by the Defendant in any event. 2.…

…Prayers Numbers 1 and 2 of the application have been dispensed with, and these submissions respect pursuit of prayers numbers 3 and 4 of the plaintiff’s application only.…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…This is not of course, the same as dismissing an appeal, as was made clear by Law JA in Belinda Murai and Others v Amos Wainaina, Civil application Nai 9 of 1978, in which he was later upheld by the full court.…

…On the basis of that reasoning this court struck out the joint affidavit and with it also went the application it was supporting as without a supporting affidavit the application would not be in compliance with the provisions…

…The resultant effect is that being an incompetent plaint it cannot anchor a competent interim application. The interim application therefore has no base and cannot be sustained. iv.…

…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…

…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…

…The plaintiff at once filed an application on summary judgement. They were able to demonstrate that the defendants were officially appointed as agents through an agreement marked “FNG1”.…

…I hereby allow this application for summary judgement of Ksh.803,377/- as prayed. The defendants had not filed a counter-claim.…