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…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…

…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.…

…The main application may be relisted for hearing at an early date as there is a Certicate of Urgency. DATED THIS 19TH DAY OF APRIL, 1999. P. N. WAKI JUDGE…

…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.…

…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.…

…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.…

…In the application of this principle the existence or otherwise of instruction to alight from the tractor is immaterial.…

…Notwithstandig this indication the prosecution went ahead with its case and made no application for an adjournment to enable them to seek and obtain particulars of the alleged alibi from the defence and to conduct the necessary…

…As was held in Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 at 393 B: “The application of the doctrine of res ipsa loquitur, which was no more than a rule of evidence affecting onus of proof of which the essence…

…In R v Pitchley (1973) 57, Criminal Application No 30, “P was held to have assisted in the retention of stolen money, where some forty-eight hours after innocently accepting it from his son for safe keeping and banking it…

…He is ordered to join with the plaintiff in having the transfer registered and if he fails or refuses to do so the deputy registrar of the court on application is authorized to sign and seal the necessary documents for doing…