Case law
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Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…This application is opposed by the Plaintiff.…
…On the whole, I am of the view that this application merely seeks to delay the course of justice. I dismiss it with costs to the Plaintiff. Dated and delivered at Mombasa this November 28, 1995 A.G RINGERA JUDGE…
Division and case type: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: GeneralUnclassified
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: CivilCivil Suit
…The above application was thereby provoked. The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…
…Mr Kiambo did not think the application was competent. He raised a preliminary point that it was grounded on inadmissible without prejudice correspondence. He did not readily have authority to buttress his objection.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…
…The application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…
Division and case type: CriminalCriminal 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
…In the present application the supporting affidavit are annexed documents that undeniably show that the defendant Mohammed Shariff Nassar opened this particular account and at the time of opening the account he not only supplied…
…Costs of the application to the applicant. Dated and delivered at Mombasa this 2nd day of November , 1992 I.C.C WAMBILYANGAH JUDGE…
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: 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: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT J U D G M E N T The two appeals were consolidated on application by the State Counsel.…
Division and case type: CriminalCriminal Appeal
…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.…
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: 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 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: 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: CivilCivil Case
…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.…