Case law
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Division and case type: CivilCivil Suit
…Credit Society Limited Sacco Annual General Meeting on the 7th of August, 1999 at KCCT Mbagathi or any other place thereof and or transacting any business thereof until final determination of this suit. c.THAT costs of this application…
…This application is found to be unmeritorious and the same is dismissed with costs to the respondents. Order accordingly. Delivered at Nairobi this 6th day of August, 1999. E. O. O'KUBASU JUDGE 6.8.99 Coram: E. O.…
Division and case type: CivilCivil Appeal
…The Legal Notice as material to this matter provides as follows: {2)A member carrying on practice alone shall name in his application for the annual practising certificate one or two other members, none of whom shall be less…
…for a practising certificate. (5)Where no person is nominated in the application for lack of consent or for arty other reason, or where an administrator or administrators refuse(s) or neglect(s) to act, the Chairman of the…
Division and case type: CivilCivil Suit
…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…
…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…
Division and case type: Milimani Commercial CourtsSuccession Cause
…Hannah’s affidavit in support of the application for Revocation was sworn on 17th September 1997 Hannah swore a further affidavit on 6th February 1997. The same was filed in court on 11th February 1998.…
…In court during the hearing of the application for Revocation, Mr. Musila for the objectors submitted that the widow did not consent to the mode of distribution, which is what is in issue.…
Division and case type: CivilCivil Appeal
…He rejected the application but also said: “... if however there is evidence canvassed in the course of the trial in respect of the issue not pleaded the Court shall have the discretion to consider the same in the final judgment…
…On the plaintiff’s application he was ordered to deliver a defence within a stated time, failing which he would be debarred from defending.…
Division and case type: CivilCivil Case
…she is seeking: (1) A temporary injunction against Hilton; (2) A tracing order against Hilton; (3) An order against the second defendant to pay off the debt so that her jewellery can be released to her; and (4) Costs The application…
…Thirdly, if the court is in doubt, it will decide an application on the balance of convenience. EA Industries vs Trufoods [1972] EA 420.”…
Division and case type: GeneralUnclassified
…The applicant shall pay to the Respondent costs of this application assessed at K.Shs.5,000/= payable within 10 days failing which execution may issue. Dated and delivered at Nairobi this 7th day of November, 2000. A.A.…
Division and case type: CivilCivil Appeal
…The defendant died in April, 1993, and on the application of the appellant, his widow, Gathoni Mwithaga, has been substituted as the respondent in this appeal by an order of this Court made on 4th April, 1995.…
…purchased the suit land from the appellant's predecessor in title, one James Gichuhi, way back in 1965 and although he took possession, he could not be registered as proprietor because the vendor refused to cooperate in the application…
Division and case type: CivilCivil Appeal
…No such application was made although the matter was fixed for mention on 9th August, 1983, some two months after the reading of the award.…
…He did not object and could not have done so successfully because no application had been made within the time allowed by Rule 16. There is no substance in the second ground of appeal.…
Division and case type: CivilCivil Appeal
…Aganyanya J dismissed the defendant’s application.…
…Thus the learned judge refused the defendant’s application for stay on three (3) grounds: 1.…
Division and case type: CivilCivil Appeal
…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…
…The application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…
Division and case type: CivilCivil Appeal
…The Legal Notice as material to this matter provides as follows: {2)A member carrying on practice alone shall name in his application for the annual practising certificate one or two other members, none of whom shall be less…
…for a practising certificate. (5)Where no person is nominated in the application for lack of consent or for arty other reason, or where an administrator or administrators refuse(s) or neglect(s) to act, the Chairman of the…
Division and case type: CivilCivil Appeal
…The Legal Notice as material to this matter provides as follows: {2)A member carrying on practice alone shall name in his application for the annual practising certificate one or two other members, none of whom shall be less…
…for a practising certificate. (5)Where no person is nominated in the application for lack of consent or for arty other reason, or where an administrator or administrators refuse(s) or neglect(s) to act, the Chairman of the…
Division and case type: CivilCivil Case
…DEFENDANT J U D G M E N T The application filed herein on 5th July, 1995 by originating summons pursuant to Order XXXVI rule 7 of the Civil Procedure Rules seeks determination of the following questions namely; (1)Whether…
…The application was supported by an affidavit deponed to by the applicant and filed herein together with the same.…
Division and case type: CivilCivil Appeal
…That application was heard by Cockar, Muli and Omolo JJ A who dismissed it and held that in this case an appeal lies to this Court. That ruling was followed by an application for leave to appeal.…
…The application must be refused, with costs.”…
Division and case type: Constitutional and Human RightsPetition
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…
Division and case type: CivilCivil Appeal
…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…
Division and case type: CivilCivil Case
…In the present application the supporting affidavit are annexed documents that undeniably show that the defendant Mohammed Shariff Nassar opened this particular account and at the time of opening the account he not only supplied…
…Costs of the application to the applicant. Dated and delivered at Mombasa this 2nd day of November , 1992 I.C.C WAMBILYANGAH JUDGE…