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…IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPLICATION NO NAI 3 OF 1988 BETWEEN GITAHI & ANOTHER................................................…

…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…

…In the present application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate…

…I allow the application as a consequence of which I will set aside the order on bail by the Chief Magistrate’s Court at Naivasha. I will substitute the same with an appropriate order of this court.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO. 648 OF 1985 NATGIL ENTERPRISES LIMITED........................................................PLAINTIFF VERSUS GATUKUYU COFEE GROWERS COOPERATIVE…

…Accordingly I enter judgment for the plaintiff as prayed in the plaint together with the costs of this application. Dated and Delivered in Nairobi this 2nd day of December 1985. D.SCHOFIELD JUDGE…

…APPLICATION NO. 494 OF 2003 DOMINIC ARONY AMOLO……………………….……..……..PLAINTIFF V E R S U S THE HON.…

…Imanyara for the Applicant says that Limitation Act does not apply to the provisions of Constitution regarding Fundamental Rights and that the application as made under Section 84 of the Constitution renders Cap 22 inconsistent…

…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…

…emanating from the application.…

…The suit in the Court of the Resident Magistrate was instituted by two people namely Hassan Saidi Dele and Major Henry Mwalugha who are the respondents to this application. They oppose the application for transfer.…

…I think the applicant was wrong to bring this application to Court by way of a summons in chambers.…

…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…

…In the circumstance we grant the application made on behalf of Esso to strike out the notice of appeal filed on July 22, 1980.…

…(IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 163 OF 2001 BETWEEN EDWIN OTIENO OCHOLLA PAA PRODUCTS LIMITED FISHERMANS PRODUCTS LIMITED .......................…

…There is also quite inordinate delay from August 8, 2001 when the record of appeal was purportedly served and the time this application was brought to Court on October 31, 2001.…

…The background to the application is familiar and can be shortly summarized.…

…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…

…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…

…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…

…(IN CHAMBERS) CIVIL APPLICATION NO.…

…He made this application on 13th September, 1994 - about one month after his return to his office.…

…of 1982 RULING The applicant was duly served with the notice for the hearing of the application but did not attend as required.…

…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…

…An authorised agent of KENYAC signed that application form, being a chargee in exercise of its power of sale. The same application is also signed by the purchaser.…

…That being so, when the application for consent was placed before the Board, it had both the power and the statutory duty to order attendance of the applicant or of any person interested in or affected by that application…

…ZAKARIA MUIGAI GAKIBE CIVIL APPEAL NO. 199 OF 1996 (unreported) where, in a suit for specific performance of an alleged contract to purchase land, an application for extension of time within which an application for consent…

…In my view, that decision is clearly distinguishable from the facts obtaining in the present case.Here, an application for an injunction had been made to the learned Judge and he held "the application for injunction based…

…That having been said, it cannot be gainsaid that the delay in filing the application for extension is not great, the period expiring on 22nd August and the application being filed on 7th September, some 16 days later.…

…In KAWUKA v KARIM 5 [1937] EACA, 37, for instance, the delay in filing the application was nearly 3 years.…

…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…

…I have carefully considered this application and the submissions of both counsels.…

…Counsel urged that the applicant’s application be allowed. Learned counsel for the respondent, Miss Okumu opposed the application for consolidation.…

…Has he considered the full implications of the complicated scenario his application is bound to create for the overall interests of justice?…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…