Case law
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Division and case type: CivilCivil Appeal
…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…
Division and case type: Constitutional and Human RightsPetition
…While in the United Kingdom she made an application for asylum but the application for asylum was rejected by the Secretary of State for the Home Department.…
…Following an oral application by both counsel for the petitioner and Kituo on the 4th June 2012, I directed that the petitioner be released to the custody of the UNHCR accommodation facility pending further orders of the…
Division and case type: CivilCivil Case
…On 22nd September, 1987, the plaintiff’s interlocutory application was heard interpartes before myself.…
…On 24th September, 1987, it was ordered that the hearing of the interlocutory application would be consolidated with the hearing of the main suit which was fixed for Monday, 28th September, 1987.…
Division and case type: CivilCivil Appeal
…There was no application for an adjournment on behalf of the appellant nor was there any application to call any further evidence.…
…Upon this application being allowed the submissions continued, there having been no application for an adjournment or to call further evidence.…
Division and case type: CivilCivil Case
…The plaintiffs have elected to institute this second suit to challenge the consent judgment entered and recorded in the first suit instead of making the necessary and requisite applications in the suit in which the consent…
…P. with whom the rest of the court agreed said that the consent judgment could be challenged in the suit itself and as I understand him, by an application for review under the order relating to that procedure.…
Division and case type: CivilCivil Appeal
…The application for interlocutory injunction made by the plaintiff was heard fully by the Judge who was satisfied that the plaintiff established a prima facie case with a reasonable probability of success and that the plaintiff…
…LTD 1973 EA 358 having been cited to him, the Judge granted the application for the injunction. The grant of an interlocutory injunction is a remedy that is both temporary and discretionary.…
Division and case type: CivilCivil Appeal
…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…
…The main reason given for this application, is that as the formal order was not in existence at the time the record of appeal was filed, there was no jurisdiction to entertain the appeal.…
Division and case type: CivilCivil Appeal
…On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes.…
…The main reason given for this application, is that as the formal order was not in existence at the time the record of appeal was filed, there was no jurisdiction to entertain the appeal.…
Division and case type: CivilCivil Appeal
…OF KENYA ..................2ND RESPONDENT RAILA AMOLO ODINGA .............................3RD RESPONDENT CHARLES MARANGA BAGWASI ...................... 4TH RESPONDENT) ORDER OF THE COURT There being no opposition to the application…
Division and case type: CRIMINAL DIVISIONCriminal 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 Case
…The order read: “By consent parties to this application hereby undertake to cause no trouble to either side.…
…If and when the landlord or his agent wish to increase the rent or evict the applicant, legal steps will be taken by filing rent application to this Tribunal and without any rent order from this Tribunal the applicant shall…
Division and case type: Constitutional and Human RightsElection Petition
…We should therefore, prefer not to found our decision in this application on this.” (pp 3) From the foregoing their Lordships started off by saying that personal service was not contemplated in rule 15.…
…This rule is mandatory in its application. It is however our view that while reading it conjunctively rather than disjunctively it makes provision for personal as well as other modes of service.…
Division and case type: CivilCivil Appeal
…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…
Division and case type: CivilCivil Appeal
…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…
…full bench’s right to give leave to amend on an informal application during the hearing of an appeal under rule 44(2) of the rules.…
Division and case type: CivilCivil Appeal
…Had he done so the onus would have been on the defendant to restrain him: I cannot see any court granting such an application having regard to the security available to the defendant should he be ultimately successful.…
…“In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant contract or agreement, or against the Commission or continuance of any wrongful…
Division and case type: CivilCivil Appeal
…The appellant after filing an appearance delivered a defence and made no application for stay.…
…The appellant made no application for stay of proceedings but when the case came up for hearing on 12th August 1992, more than four years later, the appellant's Advocate raised the arbitration issue in the form of a preliminary…
Division and case type: CivilCivil Appeal
…The judge (Porter J) allowed both applications, struck out the defence and counterclaim, and entered judgement for the Respondent as prayed.…
…I draw attention to the fact that under order 36 Rule 3D(1) of the Civil Procedure Rules and application under section 38 should be made by way of originating summons.…
Division and case type: CivilCivil Case
…Plaintiffs counsel opposed the application for adjournment andthe court agreed with her and dismissed the application for adjournment.…
Division and case type: FamilySuccession Cause
…EXECUTOR/RESPONDENT R U L I N G Although in this summons dated 19th September 2002 the Respondent, Frasia Wanjiku Kariuki, was served and has failed to come up to oppose the application requiring rectification or amendment…
Division and case type: CivilCivil Appeal
…On 25th August, 1989, the respondents made an application under section 76 of the Law of Succession Act (Cap 160), seeking the revocation of the grant made in favour of the appellant on the ground that the Will on the basis…
…The application was heard by Bosire, J, who in a considered ruling held that the deceased at the time he was alleged to have made the Will did not have the requisite testamentary capacity.…