Case law
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Division and case type: CriminalMiscellaneous Application
…NO. 99 OF 1996) **************** R U L I N G There is before me a motion on notice under rule 4 of the Rules of this Court (the Rules) seeking an extension of time to file and serve a notice and a record of appeal from the…
…On 6 November, 1997 the applicant filed the present notice of motion. It was contended on behalf of the first, second and third respondents (with Mr.…
Division and case type: CivilCivil Appeal
…The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O. KWACH ……………… JUDGE OF APPEAL P.K. TUNOI ………….. JUDGE OF APPEAL A. B. SHAH …………………..…
Division and case type: GeneralUnclassified
…** RULING OF THE COURT The counsel for the applicant, though having filed Notices of Appeal in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion…
Division and case type: CivilCivil Appeal
…The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O. KWACH ……………… JUDGE OF APPEAL P.K. TUNOI ………….. JUDGE OF APPEAL A. B. SHAH …………………..…
Division and case type: GeneralUnclassified
…between them. 2.The applicant shall within the said 21 days pay to the respondents the rent for July and August 2000 and thereafter pay on its due date the rents for September and subsequent months. 3.The costs of this motion…
Division and case type: CivilCivil Appeal
…The applicant has explained the delay from 25th October, 1995 to 21st May, 1996, when he filed this motion, to ill health and since he appears to be acting in person, I think it is excusable.…
Division and case type: CivilORIGINATING SUMMONS
…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 450 OF 1988 L VADGAMA ……………………………..APPLICANT VERSUS ARYA SAMAJ………………………………DEFENDANT RULING The defendant Arya Samaj has moved this court by motion on…
…The application is one which was supposed to be brought by summons while the former was supposed to be by motion.…
Division and case type: CivilCivil Appeal
…We allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…
Division and case type: CivilCivil Appeal
…Nzei for respondent Court Clerk Muli RULING Two notices of motion were filed and argued together. One was brought by the appellant in this appeal file.…
…Another notice of motion filed by the Respondent under 044 r. 1 Civil Procedure Rules, S. 13(2) of Act No. 18/90, and S. 3A Civil Procedure Act sought orders to the effect that: 1.…
Division and case type: Milimani Commercial CourtsCivil Suit
….……………………………………..6TH DEFENDANT R U L I N G The application is a notice of motion dated 19th June, 2008. It is brought under Order L rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Rules.…
…Order L Rule 1 of the Civil Procedure Rules provides that any application to court may be filed by motion where the rules do not expressly provide for a different procedure.…
Division and case type: CivilCivil Appeal
…That defence was filed on 10th May 1985, and on 13th May, 1985, counsel for the respondent took out a Notice of Motion under Order 35 rules 1 & 8 of the Civil Procedure Rules asking for summary judgment against the appellants…
…When the motion came before Butler-Sloss J on 12th July and 19th July 1985 counsel filed written submissions.…
Division and case type: Environment and LandLand Case
…We allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…
Division and case type: GeneralUnclassified
…The applicant has now filed an application by way of a Notice of Motion under Section 81(1) Rules (c), (d), (e) (ii) and (2) of the Criminal Procedure Code seeking a transfer of the said case from Naivasha Law Courts to Eldoret…
Division and case type: GeneralUnclassified
…None was alleged either in the Notice of Motion or in the supporting affidavit. Mrs. Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true.…
Division and case type: Environment and LandCivil Suit
…Against the foregoing background information as gleaned from the pleadings of both parties, the Plaintiffs have filed an interim application by way of notice of motion dated 29th June 2007 and filed the same date.…
…They each rose through different ranks and as at the time events leading to this proceedings, were set in motion, each of them was holding a post of a managerial rank as outlined herein. (2) In the year 2002, the Defendant…
Division and case type: CivilCivil Appeal
…By a further misfortune, before the substantive appeal could come on, Ranchod died on January 14, 1984, and Bhavin, the son of Ranchod and Hiraben has now applied by Notice of Motion to this court under Rules 42 and 96:-…
…It will be observed that the form of the Motion is to appoint (1) Bhavin to represent “the first appellant now deceased”, whom we take to mean Ranchod himself, and (2) Bhavin and Lalita to represent “the second appellant…
Division and case type: CriminalCriminal Appeal
…Otara: We had filed a motion which was served on the Director of Public Prosecution. Mr.…
Division and case type: CivilCivil Case
…DEFENDANT R U L I N G This is a Notice of Motion brought under Order XLIV Rule 1 of the Civil Procedure Rules in which the applicant is seeking the following orders:- “1.…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT R U L I N G This application is brought by way of a Notice of Motion dated 27th May, 2010, and taken out under Order VI Rule 13(1) (A) of the Civil Procedure Rules.By the application, the defendant moves the court…