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…Firstly, there was application by Advocate Mr Kwach for the blood relations of the late S M Otieno after the judgment of Honourable Mr Justice Shields giving the corpse of the late S M Otieno to his wife Mrs Virgina Edith…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…of the Civil Procedure Rules in that it fails to distinguish between averments of knowledge and belief or grounds and source of the same, thirdly, that quashing the Commissioner’s action ought to be by a Judicial Review application…

…Rakoro for Plaintiff opposes the application saying that while he was dismissed in 1990, he appealed in 1992 and appeal was dismissed in 1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of…

…NO. 1501 OF 1989) ***************** RULING OF THE COURT This is an application to strike out the appeal under Rule 80 of the Rules of this Court.…

…Accordingly, the appeal is struck out with costs including the costs of the application. Made and delivered at Nairobi this 19th day of May, 1998. A.M. AKIWUMI .................. JUDGE OF APPEAL P.K.…

…Alongside the said plaint he filed an application by way of Chamber Summons for Injunctory orders. Upon that application the Exparte order aforesaid was obtained.…

…The 1st defendant was also restrained form conducting or holding any meeting of any kind whatsoever until the hearing of this application inter partes.…

…Now I come back to the plaintiff’s application.…

…Having carefully considered all aspects of the application, I am not convinced that the balance of convenience is in favour of the plaintiffs.…

…The application was supported by the affidavit of Mark Stephen Thompson who was at the material time the General Manager of the respondent Company.…

…The affidavit in reply and in opposition to the application was sworn by Vishram Ravji Halai (one of the appellants) in which he repeated basically the averments in the defence.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…This application is opposed by the Plaintiff.…

…On the whole, I am of the view that this application merely seeks to delay the course of justice. I dismiss it with costs to the Plaintiff. Dated and delivered at Mombasa this November 28, 1995 A.G RINGERA JUDGE…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…In support of this application is the affidavit of the first plaintiff, David M Gitao. The facts deponed therein are essentially as averred in the plaint.…

…A member wishing to appeal shall lodge his application with the Chief Executive in writing within thirty days of the date of the written notice suspending or terminating the membership................”…

…He was of course referring to applications for summary judgment under the English equivalent of our O. XXV but I see no reason why an application under O. XII r. 6 should not be similarly treated.…

…decide what is in his judgment the true construction applicable to applications Under Order III rule 6.…

…Under section 47 of the Law of Succession Act, a judge of the High Court has jurisdiction to entertain an application, determine any dispute and make such orders as may be expedient.…

…In our judgment, therefore, it is those words which should be looked at for the purpose of determining this part of the application.…

…The above application was thereby provoked. The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…

…Mr Kiambo did not think the application was competent. He raised a preliminary point that it was grounded on inadmissible without prejudice correspondence. He did not readily have authority to buttress his objection.…

…But by an application for “review,” on December 6, 1985, Porter, J ordered the registration of Achacha Nyachienga, the defendant, to be maintained; but Ogowe Oliech was registered as having an overriding interest in possession…

…However, on the basis of that judgment, an application was presented to Porter, to require the defendant to show cause why he should not vacate the land.…

…The application by the 4th respondent in reference to the question of service states: “THAT the petition having been served on the 4th respondent personally on the 5th of February, 1998 and by gazette Notice on the 6th of…

…After considering all matters herein I have come tot he following conclusions: (a) The application by the second respondent hereby fails and is accordingly dismissed with costs.…

…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.…

…The quotation is contained in the HCC Misc Application 8 of 1997 Ex parte Johnson Knassnima Simiyu. The authority of Ex parte Kipngeno Arap Ngeny HCC Misc.…

…If the judge felt that there was no cause of action, he should have allowed the application for adjournment and thus enable the defendant to apply for the ex-parte judgment to be set aside.…

…From the moment he refused to allow an adjournment so that an application to set aside the ex-parte dismissal of the defendant’s application to set aside the interlocutory judgment could be made, the judge had before him…

…Chunga, for the Republic, vigourously opposed the application. The Chief Magistrate ordered that:- a. The appellant be allowed to go out of the jurisdiction of the court. And b.…

…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…