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…In order to comply with the arbitration provision in the contract the steps necessary for a reference to arbitration must be set in motion by the party on his initiative or in response to an invitation by the other side.…

…therefore unfair criticism by Mr LePelley to have told us while arguing the appeal that the learned judge was unreasonably of the view that the defendant should willy-nilly have itself set the arbitration proceedings in motion…

…The Petitioner in his Notice of Motion Application dated 3rd July, 2015 has sought for the following orders; a.…

…Together with the Petition he filed a Notice of Motion Application dated 8th July, 2014.…

…The history of the matter is as follows: On April 5, 1988, the applicants who were then students at the respondent college moved the High Court Nakuru by a notice of motion under order 53 rule 3 of the Civil Procedure Rules…

…On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…

…For these reasons we would refuse the leave to appeal sought in the applicant’s notice of motion filed in this Court on 13 September 1990. We would make no order as to the costs of this application.…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…

…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…

…On a proper analysis the High Court was bound to conclude that it had no jurisdiction to hear the notice of motion. 11.…

…The motion is one of jurisdiction. Jurisdiction in Admiralty actions is statutory, and is dened by the Administration of Justice Act 1956.…

…It is to be noted that this letter featured in an application by notice of motion dated 12th March, 2003 in which the Plaintiff sought judgment on admission against the Defendant based on the said letter.…

…The charge document, i.e. annexture AN1 at page 7 of the plaintiff’s supporting affidavit to the Notice of Motion Application dated 12th January 2012 contains a schedule which narrates that the rate of interest is 18% and…

…Referring to both the Plaintiff’s bank statement annexed to the Plaintiff’s Further Affidavit marked as ANM2 already referred to above and the Plaintiff’s bank statement found at page 15 of the Plaintiff’s Notice of Motion…

…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…

…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

…RULING By a Notice of Motion dated 10th July, 1986 and filed in this court on 11th July, 1986 the Kenya Union of Commercial Food and Allied Workers, hereinafter referred to as the applicant, applied to this court for: 1.An…

…1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing of a motion…

…Instead of going to trial, the respondent filed a motion on notice under order XXXV, rule 1 of the Civil Procedure Rules (which Mr Omesh Kapila still calls incorrectly the Civil Procedure (Revised) Rules) in which he asked…

…for judgment for the respondent against the appellant in the sum set out in the plaint with costs and interest and also the costs of his motion on notice.…

…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…

…The essence of finding 16 (Supra) was equally stressed, But. while by 16th December 1998, the Appellants had by notice of motion applied to this court to confirm the SUPKEM award as its judgement, the Plaintiffs had by an…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…It should have been brought by motion on notice under Order XLV rule 15 only. See Order XLV rule 19 and Hassam Karim & Co Ltd v Africa Import and Export Central Corpn Ltd [1960] EA 396 (T).…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…