Case law
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Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & OWUOR, JJ.A) CIVIL APPEAL (APPLICATION) NO. 59 OF 1996 BETWEEN E.A. BUILDING SOCIETY LIMITED ....................................APPELLANT AND A.C.A.…
…Building Society Limited, who has now made this application before us. We shall hereinafter refer to E.A. Building Society Limited as the applicant and D'Souza and Khandwalla as the respondents.…
Division and case type: CivilMiscellaneous Application
…CIVIL APPLICATION NO. NAI. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU ................................. APPLICANT AND UNITED FINANCE LIMITED ............................…
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL APPLICATION NO. 143 OF 1996 BETWEEN MAGANA HOLDINGS LIMITED………..……...........…
…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & BOSIRE, JJ.A) CIVIL APPLICATION NO. NAI 314 OF 1999 (122/99 UR) BETWEEN JOHN KIPKEMBOI KILEL .........................................…
…Consequently ex parte judgment in default of defence was entered on the application of the respondent, Diamond Trust Bank Kenya Ltd.…
Division and case type: CivilMiscellaneous Civil Application
…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: CivilMiscellaneous Application
…They therefore sought for the dismissal of the applicant's application with costs.…
…We indicated that the same shall be incorporated in our final ruling in respect of the entire application as is set out above and allowed the hearing of the said application to proceed.…
Division and case type: CivilMiscellaneous Application
…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…
…His present application does not seek extension of time within which to lodge the notice of appeal.…
Division and case type: CivilMiscellaneous Application
…(IN CHAMBERS)) CIVIL APPLICATION NO.…
…RESPONDENT (Application for extension of time to file an appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 17th March, 1998 in H.C.C.C.…
Division and case type: CriminalMiscellaneous Criminal Application
…CRIMINAL APPLICATION NO 34 OF 1992 HARUN THUNGU WAKABA........................APPLICANT VERSUS REPUBLIC..................................................RESPONDENT JUDGMENT The applicant in this application, Harun Thungu…
…In the result, we find that the instant application is properly before us.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…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.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…
…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO NAI 16 OF 1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS…
…for stay of execution pending an intended appeal from a judgment of the High Court of Kenya at Nairobi (Porter, J) dated 23rd November, 1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application…
Division and case type: CriminalMiscellaneous Criminal Application
…REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION NO 9 OF 1990 JONATHAN MUNGAI WAINAINA ……………………..APPLICANT VERSUS REPUBLIC………………..……………..........……….RESPONDENT RULING The applicant Jonathan…
…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION NO. 88 OF 1982 BETWEEN PATRICK GATHOGO NJUGUNA............................1ST APPELLANT PAUL MUTURI MWANGI.......................…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…
…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO 1624 OF 1979 MARTINE APIYO WAINDI …………. ……………………………...……….. PLAINTIFF VERSUS PHARMACEUTICAL MANUFACTURING CO LTD & ANOTHER …....…
Division and case type: CriminalMiscellaneous Criminal Application
Republic of Kenya High Court, at Nairobi (Appellate Side) Criminal Appeal No 997 of 1984 Chege v Republic (Appeal from the District Magistrate’s Court at Kandara, L T Macua Esq, Criminal Case No 825 of 1983) Advocates Appellant present and unrepresented W Ngugi (Miss) (State Counsel) for respondent October 22, 1985, Mbaya J delivered the following Judgment. The appellant was convicted of creating disturbance in a manner likely to cause a breach of peace contrary to section 95(1) of the Penal
Division and case type: CriminalMiscellaneous Criminal Application
is between one to ten and one to twelve. It is not difficult to arrange well-conducted parades.
Division and case type: CRIMINAL DIVISIONMiscellaneous Criminal Application
REPUBLIC OF KENYA Waweru v Republic High Court, at Nairobi August 14, 1985 Schofield J Criminal Appeal No 1723, 1724 & 1725 of 1984 (Appeal from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants absent, unrepresented, and not wishing to be present Miss W Ngugi, for respondent August 14, 1985, Schofield J delivered the following Judgment. Jackson Waweru (1st appellant), Francis Njoroge (2nd appellant) and Nelson Mwaniki (3rd appellant) were three of four accused
Division and case type: Constitutional and Human RightsElection Petition
…RESPONDENTS RULING There is before the Court an interlocutory application in this petition.…
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…