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…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…The succeeding advocate then filed an application asking the court to set aside the default judgment so that the defendant could file its defence. Held: 1.…

…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…

…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…

…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…

…The 1st Defendant vigorously opposes the application. He denies that there subsists a valid Taita Customary Law marriage between himself and the Plaintiff.…

…, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…It is with these principles in mind that I have to consider an application brought under certificate of urgency by the defendant in this case.…

…It is now the plaintiff’s case that circumstances surrounding the case between December 1996 when he brought his first application and 19.5.95 when he filed the present application have changed so drastically that if the…

….…………..RESPONDENTS RULING This application is brought by Chamber Summons under Order IXB rule 8 and O XXI rule 22 Civil Procedure Rules. The applicants are the defendants in the suit.…

…Thirdly, that provision be made for the costs of the application. The applicants essentially beg this court to exercise its judicial discretion in their favour.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…The plaintiff contends that this term should have been abided by had the plaintiff only signed the loan application form from the plaintiff’s financier - the Premier Savings & Finance Limited of Mombasa, which, he asserts…

…I would be constrained to grant the injunction sought by this application.…

…The matter was before the Judge on July 9th, 1985 and the upshot was that the Judge granted the defendants’ application with costs.…

…Counsel urged that the Judge was invited to substitute the correct name and submitted that the Judge erred in refusing to do so without an application.…

…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…Both applications were heard together with a view to give a composite ruling. Mr.…

…It was not in doubt or disputed that when the Respondents filed their first application to set aside the award on or about 1st April 1998 30 days had long expired after the award was read on 22nd January 1998, The fresh application…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…Gikandi for the Plaintiffs abandoned the application as regards the 2nd Defendant, B.R. Patel.…

…Mr Obhrai who appeared on behalf of the Council in this application argued several points in support thereof.…

…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…If the judge felt that there was no cause of action, he should have allowed the application for adjournment and thus enable the defendant to apply for the ex-parte judgment to be set aside.…

…From the moment he refused to allow an adjournment so that an application to set aside the ex-parte dismissal of the defendant’s application to set aside the interlocutory judgment could be made, the judge had before him…

…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…

…The quotation is contained in the HCC Misc Application 8 of 1997 Ex parte Johnson Knassnima Simiyu. The authority of Ex parte Kipngeno Arap Ngeny HCC Misc.…