Case law
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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…
Division and case type: CivilCase number Civil Application
…NO. 1059 OF 1999) ********************* R U L I N G I have before me an application by way of Notice of Motion brought under Rules 4 and 42 of the Court of Appeal Rules (the rules) in which the applicants herein seek the…
Division and case type: CivilCivil Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: FamilySuccession Cause
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: CivilCivil Appeal
…They returned to court on 27th July, 2004, after grant of leave, and filed a fresh notice of motion in Misc. Civil. Appl. No. 946/04 (946/04) seeking further judicial review orders.…
…THAT the substantive motion in the aforesaid suit was heard by this Honourable Court and determined on 10th June, 2004. A true copy of the order issued by the court is annexed hereto and marked “AHM-2”. 4.…
Division and case type: FamilySuccession Cause
…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…
Division and case type: GeneralUnclassified
…NO. 3480 OF 1985) ******************* R U L I N G By their application dated and filed on February 26, 1993, the applicants by a motion on notice seek an order that the time for filing a record of appeal be extended.…
Division and case type: CivilCivil Appeal
…is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case where the appeal is incompetent, though the court may in a proper case insist that the application be made by motion…
Division and case type: CivilMiscellaneous Application
…We accordingly dismiss the preliminary objection and proceed to determine the question raised by the Notice of Motion filed on 26th March, 1984. Dated at Nairobi this 17th day of April, 1984.…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: CriminalCriminal Case
…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…
Division and case type: Constitutional and Human RightsPetition
…The Notice of Motion should therefore be dismissed.…
Division and case type: CivilCivil Appli
…Appli 141 of 1998 IN THE MATTER OF: THE LAW SOCIETY OF KENYA CAP 18 LAWS OF KENYA AND IN THE MATTER OF: JUDICIAL COMMISSION OF INQUIRY INTO TRIBAL CLASHES IN KENYA R U L I N G This is an application by way of Notice of Motion…
…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…
Division and case type: CivilCivil Suit
…For myself, I should be very slow to make any such order on motion, though in a clear and compelling case there is no doubt jurisdiction to do so. I do not think that this is a case of that sort.…
…On the facts as they stand before me on motion I will say only that I am not satisfied that this is a case for an interlocutory injunction”. The said observations of Magary J do adequately apply to this case.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…We think that we are stating the law correctly when we say that under section 204 of the Criminal Procedure Code the court cannot proceed on its own motion it must be moved by the complainant.…
Division and case type: Constitutional and Human RightsPetition
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CivilCivil Appeal
…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…
Division and case type: CivilCivil Appeal
…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…
Division and case type: Constitutional and Human RightsPetition
…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…
…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…