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…Ibrahim were concerned with the Chamber Summons application filed along with the suit. Mr.…

…However improperly a defence may be on record, a judge in considering an application for setting aside an exparte judgment, has to look at the defence and consider its merits or demerits to enable him to decide whether or…

…A Photostat copy of that delivery note was annexed to the respondent’s affidavit in support of his application for summary judgment dated 10th March, 1992.…

…In its replying affidavit in opposition to the respondent’s application for summary judgment dated 18th March, 1992 the appellant denied having received this letter claiming that the initials on the delivery note did not…

…These proceedings were preceded by an application for bail pending appeal. The court considered and both sides agreed that the actual appeal should itself be heard and that is what happened. Mr.…

…Civil Application number 620 of 1992 by consent of both parties the High Court ordered that Succession Cause No. 46 of 1981 for transferred to this court as registered as a succession cause and thereafter proceed to hearing…

…Objections to this application raised complex issues such as, whether Kikuyu customary trust could override the registration of the suit land in the name of Karanja Mucheru as its beneficial owner; whether the burial of Francis…

…In her ruling on this application, the learned Judge, Aluoch, J., first held that the originating summons was properly before the court; secondly, that Beatrice Mucheru had been properly made a party to the suit; and thirdly…

…Sometime in 1971 a Committee of the Council approved M'Mukanya and Nyamu's joint application for a plot in the market which the Council passed and then M'Mbijiwe's large plot 58 was sub-divided and renumbered 57, 58, 58 and…

…The minute of the Committee approving of the joint application by M'Mukanya and Nyamu was 5/71 (B) 77/15 but it does not set out the number of the plot.…

…Mr Khaminwa also argued that section 348 of the Criminal Procedure Code cannot be invoked in every case: neither was it safe to give the application of the section a broad generalisation, he said.…

…voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which section 348 of the Criminal Procedure Code would have no application…

…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…

…The second defendant defaulted and on an application on behalf of the plaintiff an interlocutory judgment was entered against him. The first defendant entered an appearance and attended the trial.…

…The plaintiff produced Exh 3A being an application for entries held by the Registrar of Motor Vehicles and Exh 3B being the details thereof.…

…OBED OMARI MOGERE……………….2ND DEFENDANT RULING This is an application by the plaintiffs brought by way of Notice of Motion under Section 3A of the Civil Procedure Act for an order that the court do vary and/or set aside the…

…On application by the plaintiff an interlocutory judgment was entered against the defendant and suit listed for formal proof.…

…She had filed an application in Court for separation but the same had not been disposed by the date of death. She further left home barely a week after the burial.…

…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…

…The application was filed on 23rd May, 1988. It was never heard.…

…In the matter of an application of Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the…

…possession when he intends to demolish or reconstruct as in section 7(f) in cap 301] is ex hepothesi one in respect of which there is a subsisting tenancy, since sec 24(1) extends the current tenancy until the tenant’s application…

…It is plainly from the correspondence exhibited by both the plaintiff and the defendant in the various applications made herein that the matters complained of were discovered by the defendants after investigations instigated…

…It has not been so set aside and I think an application seeking this remedy would have little success.…

…By consent, it was ordered that the appellant’s application to call additional evidence should be stood over to the hearing of the appeal itself when the application would be heard as a preliminary issue.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Kneller JA, Chesoni & Nyarangi Ag JJA Criminal Appeal No 121 of 1983 JAMES NYANAMBA..............................................APPLICATION v REPUBLIC..........…

…the appellant of the goats was not established; that the doctrine of recent possession was improperly invoked by the trial magistrate the prosecution having failed to establish certain pre-conditions essential before its application…

…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…