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…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…

…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.…

….……………………………………..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.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…The affidavit in support of the motion sworn by him details their grieviances in the manner the arbitration was conducted as their witnesses and two appellants were not summoned to attend.…

…Inspite of the appellants complaining that they were unaware how their advocate conducted the case which led to withdrawal of instructions, their motion was dismissed with costs.…

…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.…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…Kowade on this motion. It was submitted by Mr.…

…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.…

…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…

…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.…

….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…

…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…The appellants counsel has submitted that the offence disclosed was not one of obstruction as the vehicle was in motion. The state on the other hand supports the finding of the lower court that there was obstruction.…

…As submitted by the appellants counsel the framing of the section depicts a situation where a vehicle has been abandoned on the road and not a vehicle in motion.…

….…….DEFENDANT R U L I N G The Originating Notice of Motion dated 22.4.2003 is filed by a former military personnel who was Court martialed as a result of a failed military coup in Kenya in 1982.…

…He brings this Motion under Section 60, 70, 72 and 84 of the Constitution to challenge the constitutionality of the trial and the legality of his dismissal.…

…OBED OMARI MOGERE……………….2ND DEFENDANT RULING This is an application by the plaintiffs brought by way of Notice of Motion under Section 3A of the Civil Procedure Act for an order that the court do vary and/or set aside the…

…Maina and Company Limited, by this Notice of Motion, seeks orders that the Notice of Appeal dated 31st January, 1996 and filed in the superior court at Mombasa on 1st February, 1996 was duly and properly served by ordinary…

…mistakes like what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to be corrected at any time on my own motion…

…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 …………………..…