Search court decisions

…The grounds she cites are as follows:- “(a) I am a wife and widow of the deceased and my name has been left out of the said application. (b) The applicant has left out of the application all my six children.…

…(c) The application has been made without my or my children’s consent and we are all beneficiaries.”…

…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…

…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…

…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…

…The application was opposed by the defendant.…

…I allowed that application but that addition still does not, in my view, change the situation. Coast Hauliers have at no time made claim on the defendant. They neither make any such claim in the plaint.…

…The appellant has by his petition of appeal challenged the learned trial judge’s application of principle to the evidence adduced before him and his assessment and award of damages at Kshs 10,000/=.…

…As the appellant gave no evidence in this matter, as he was entitled to do, this is all the evidence there was on this point and so it seems clear that the application for possession was made under section 14 (1) (e).…

…On 14th December, 1988 this Court ordered on a summary judgment application as follows: (a) the debtor must give vacant possession of the said premises to the creditor on the 31st March, 1989; (b) it shall pay to the creditor…

…Muite for Mary submitted the application was misconceived and should be dismissed with costs because the issues were such that the litigation should be by suit. Mr.…

…This court did not although not expressly recognize and accept the concept of presumption of marriage in Mbiti, Mulu and Another v Miwa Mutunga, Civil Application No NAI 17 of 1983.…

…She testified that the plaintiff applied for a loan of Ksh 1 million from the defendant according to the application received by the defendant.…

…The court granted the application by allowing the responding to plead and rely on the agreement made on March 27, 1980 for the purchase of 5.3 acres.…

…He did not however have a copy of the sale agreement, application form for the land control board consent or even the transfer. With that 1st defendant closed his case.…

…He did not also tender in evidence the application form for the land control board or even the transfer form from Nderi Gatimu to himself.…

…As regards the doctrine of res ipsa loquitur, I must state at this stage that no attempt was made by the plaintiff to establish the basis of its application and in the circumstances of this case, I find it has no application…

…We would further agree that on application of the articles of the Warsaw Convention 1929 to the evidence adduced in this suit the appellant was not entitled to rely on its claim to limitation of liability to the respondents…

…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…

…another person becomes liquidator and is capable of acting as such: (b) the official receiver shall summon separate meetings of the creditors and contributors of the company for the purpose of determining whether or not an application…

…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…

…Mr Hewitt for the plaintiff argued that the agreement marked “A” annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application…