Case law
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Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…The defect according to the Uganda High Court is curable by an application to the court under the provisions of the Constitution for directions.…
…I agree with the Attorney General that the appropriate forum for such an application is not the High Court but the review tribunal referred to in paragraphs (c), (d) and (e) of section 83(2).…
Division and case type: CriminalCriminal Appeal
…Oguyo, Jared Onanda v Republic Criminal Application No 6 of 1986 (KSM) Statutes 1. Penal Code (cap 63) section 320 2. Criminal Procedure Code (cap 75) sections 177, 178(7), 219 3.…
…It will be observed in this connection that the combined application for and Certificate of Official Search, Ex 3, have no bearing on the rectification, although they happen to have been made within a month.…
Division and case type: CivilCivil Appeal
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…
Division and case type: CriminalCriminal Appeal
…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..........…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…determination of two titles to the suit property is genuine and no constitutional issue; (b) That the determination of the dispute would require viva voce evidence to be taken and the procedure for litigation of constitutional applications…
…Upon application to the 3rd Respondent on 21/9/2010, I was issued with a certificate of title to the suit property. 6. THAT sometimes this year, I saw some people attempting to develop the suit property.…
Division and case type: CriminalCriminal Case
…It was however not explained how 5 or 8 different applicants could be issued with one receipt after each has paid fees for his application.…
…As to what fees was to be paid, the learned state counsel submitted that PW1 had said that the fees was shs 200/= on an application and shs 100/ = for the renewal.…
Division and case type: CivilCivil Suit
…I award costs of this application and costs of the suit to the Defendant. It is so ordered. Dated and delivered at Mombasa this 30th June 2003. A.G.A. ETYANG JUDGE…
Division and case type: CivilCivil Appeal
…The issue before Mr Justice Platt was whether to allow or to refuse the appellants’ application for the stay of the respondent’s actions.…
…The appellant’s opposition to the respondent’s application to stay might have prevailed and they condescended to furnish the judge with some details of what their defences to the actions might embrace (e.g. litigation and…
Division and case type: CivilCivil Appeal
…We are not called upon to consider the operation of section 149, (nor of the application of prerogative orders mooted on the first appeal).…
…If any consequential order is needed application can be made to the senior resident magistrate. I would therefore dismiss the appeal with costs. Chesoni Ag JA.…
Division and case type: CivilCivil Case
…An application was made for an adjournment so that the defence could call him. The application was disallowed; so to that the failure to call him cannot be attributed to any deliberate withholding of a witness.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…considered the jurisdiction donated to it by section 84(1) of the old Constitution and arrived at the conclusion that the High Court while sitting as a constitutional Court has original jurisdiction to hear and determine an application…
…with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress. (2) The High Court shall have original jurisdiction – (a) to hear and determine an application…
Division and case type: CivilCivil Appeal
…Order XXXVI rule 3D subrules (1) and (2) of the Civil Procedure Rules, provides: “3D 1 1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons. 2 2) The summons shall be supported…
…At the hearing of the appellant’s application, his case was that in 1973 he purchased the suit land from the respondent.…
Division and case type: CivilCivil Suit
…The main application may be relisted for hearing at an early date as there is a Certicate of Urgency. DATED THIS 19TH DAY OF APRIL, 1999. P. N. WAKI JUDGE…
Division and case type: Constitutional and Human RightsPetition
…As regards the costs of the company I am satisfied that the company unnecessarily resited this application, and consequently, I order that the company’s costs shall not be paid out of the assets of the company until all the…
Division and case type: CriminalCriminal Appeal
…against the weight of evidence and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application…
Division and case type: CivilCivil Case
…From the evidence, these duties included supervision of plot allocation whereby the Plaintiff would sale application forms to prospective applicants who would fill the forms and return them to the Plaintiff.…
…The Plaintiff would then check the applications to see the requirements.…
Division and case type: CivilCivil Case
…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…