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…Hence, section 87 (b) of the Criminal Procedure Code had no application in this case.…

…Again, it is clear that this section had no application to the facts of this case.…

…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.…

…RESPONDENT RULING This is an application for orders that the defendant serve on the plaintiff particulars of paragraphs 3 and 4 of the defence.…

…The application is brought under order VI rule 8(2) of the Civil Procedure Rules.…

…The application based on the grounds that the Respondent Company has been unable to meet its financial debts and in particular has been unable to meet its financial debts and in particular the repayment of the sum of HFL34,232.87…

…The application has not been opposed and the Respondent has not shown that it has other properties outside the debtors held by the other creditors.…

…NO. 74 OF 1979) **************** JUDGMENT OF THE COURT This is an appeal against the decision of the superior court (Shields, J.) whereby he dismissed an application made on behalf of the appellant to set aside a judgment…

…The application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…

…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…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.…

…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.…

…Both applications were heard together with a view to give a composite ruling. Mr.…

…It was not in doubt or disputed that when the Respondents filed their first application to set aside the award on or about 1st April 1998 30 days had long expired after the award was read on 22nd January 1998, The fresh application…

…At the beginning of the subsequent, inter partes hearing of the related application, a preliminary objection was raised on behalf of the 2nd respondent that the applicants had no locus standi to bring the action they had…

…Mrs Blackburn was also a party to the application.…

…This is an application by the Company seeking the striking out of the petition to wind it up. The application also seeks other and or further relief or orders to be granted.…

…The Respondent Petitioner opposes the application to strike out the Petition. The Kshs 7 million was to be repaid by fourteen semi annual instalments of Kshs 0.5 million payable on 30.6 and 31.12 in each yea.…

…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…

…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…

…Let it also be borne in mind, what the limits of the application were. Section 28(1) of the Act (cap 22) permits an ex parte application to be made.…

…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…

…The respondent contended that the application was seeking to curtail the respondent from carrying out its express statutory mandate. Held: 1.…

…The principles on which the court acts in such applications are now well settled.…

…Rimita, J gave him an ex parte order on 4th July, 1994 and set the application down for hearing inter partes on 19th July, 1994.…

…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…

…The main reason for this application was tat the appellant was truly indebted to the respondent in the sum of money aforementioned and that it (the appellant) had no defence to the suit mentioned above.…

…Responding to this application, the appellant in an affidavit sworn by its Chairman, Mr Patrick K Muiruri, stated that the letter dated August 15, 1984 which is referred to above and upon which the respondent placed heavy…

…It was further argued on behalf of the appellant that taking into account the age of the minor an award of Kshs 100,000/- was so inordinately high as to manifest error in application of principles. Held: 1.…

…The Shs 100,000/- awarded by the judge cannot be taken to be so inordinately high that the application of a wrong principle must be inferred. Appeal dismissed. Cases 1. Barnett v Cohen [1921] 2 KB 461 2.…

…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.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…