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…CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................…

…Justice Shields) dated 17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA .....…

….............................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.…

…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…

…Both applications were listed for hearing on the same day the April 10, 1985.…

…She adjourned the application to 26th April 1994 for hearing inter partes.…

…An application should have been made by summons in chambers under order 1 rule 22 of the Civil Procedure Rules.…

…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…

…Mwihia being instructed in February 1998 this application was not filed until 4th September 1998. This is a long delay which has not been explained.…

…The application is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…

…That the defendant is hereby restrained from acting upon the letter dated 5.1.89 (marked MA “C” and annexed to the plaintiff’s application) until further orders of this court. 3.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…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.…

…CIVIL APPLICATION NO. NAI. 71 OF 1999 (UR.27/99) BETWEEN BANDAPTAI AGRO & HARDWARE LIMITED ..................…

…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…

…The application is supported by an affidavit sworn by applicant John Warui. The suit between the two parties arises from a Hire Purchase Agreement entered into by them on October 8, 1997.…

…In the affidavit in reply to the application, it is deponed that as at April 27, 2000 the applicant was in arrears of Kshs 1,896,075.…

…The brief background to the appeal, the subject matter of this application is briefly as hereunder.…

…The respondent, EABS filed grounds of opposition to the application. Mr.…

…Upon application he was allowed to submit in opposition of the application on the basis of the pleadings and the law only. In support of the application the plaintiff swore one affidavit.…

…This application was then rendered necessary.…

…substituted service through the print media and the application was xed for hearing today. 5.…

…Njoroge then made an application for adjournment on two main grounds:- 1.…

…The background to this application is that the principal applicant in this miscellaneous cause (Pius Wamalabe) filed an application dated 10/6/04 under S.146 (Cap 242) and S. 3A Civil Procedure Act seeking orders that the…

…On 11-6-04 Khaminwa J certified the application urgent and directed that the application be served on the Hon. The Attorney General and all interested parties. It was to be heard on 21-6-04.…

…Although Mr Mburu Kariuki opposes this application on the grounds that the application is misconceived and bad in law; that the application has been overtaken by events as attachment of the defendant’s property has been effected…

…and that there are no chances of the appeal succeeding, I think most of those matters are not relevant factors for consideration in this application.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd .................... Applicant AND 1.…

…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…

…CIVIL APPLICATION NO. NAI. 211 OF 1999 (84/99 UR) BETWEEN PETER KANYIRI KOIGI......................................APPLICANT AND 1. MAKAHU OLE SEKUNDA...............................1ST RESPONDENT 2.…

…The costs occasioned by this application shall be in the intended appeal. Given at Nairobi this 16th day of August, 1999. J.E. GICHERU ............... JUDGE OF APPEAL A.B. SHAH ............... JUDGE OF APPEL E.…

…But the plaintiff’s application in the superior court was based on Order V1 rule13(1) without specifying any of the particular grounds (a), (b) (c) or (d) of sub-rule (1).…

…Whilst we would expect want counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Application No NAI 9 of 1987 Muyonga …………………….APPELLANTS VERSUS REPUBLIC…………….……RESPONDENT Judgment.…

…An application under section 81 of the Criminal Procedure Code, for an order to transfer the case to another criminal court was heard and refused by Mr Justice Aragon.…