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…However, rule 4 of Order 39 of the Civil Procedure Rules is wide andenough and covers the present application. It is as follows:- "4.…

…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…

…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.…

…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.…

…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.…

…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…

…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.…

…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…

…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…

…Let it also be borne in mind, what the limits of the application were. Section 28(1) of the Act (cap 22) permits an ex parte application to be made.…

…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…

…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.…

…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…

…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.…

…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.…

…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.…

…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.…

…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…

…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 adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…