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…The Applicant filed an Affidavit he swore in support of the motion. The motion was served upon the Respondents’ Advocate but the same never elicited any response. 3.…

…I have considered the grounds set out on the face of the motion and the facts deponed in the Supporting Affidavit.…

…I am satisfied that the summons seeking to file a substantive motion for judicial review reliefs is urgent, and it is so certified.…

…For purposes of expediting the hearing and determination of the substantive motion, I hereby direct as follows: 1. The motion shall be filed and served within 7 days of the date of this order. 2.…

…Nonetheless, leave is hereby granted for the applicant to file a substantive motion for judicial review reliefs in terms of prayers 2 and 3 of the chamber summons.…

…I direct that the substantive motion be filed and served within 7 days of the date of this ruling. The respondent shall file and serve its response to the motion within 7 days of the date of service of the motion.…

…Nonetheless, leave is granted for the applicants to file a substantive motion for judicial review reliefs in terms of prayer 2 of the chamber summons.…

…The substantive motion shall be filed and served within 14 days of the date of this ruling.…

…Ndegwa filed their Motion dated 11th March 2024. They did not urge the Judge to handle the preliminary objection and the Motion simultaneously, given that both were raising related issues.…

…Leave, to file the substantive Motion, was granted on 31st August 2022, and the Motion was filed the same day, dated 31st August 2022.…

…The directions with respect to the filing and disposal of the substantive motion are as follows: 1. The motion shall be filed and served within seven days of the date of this ruling. 2.…

…The respondent and interested parties shall file and serve their responses to the motion within seven days of the date of service of the applicants’ motion. 3.…

…E045 OF 2023 pending hearing and determination of the substantive motion.…

…The substantive Notice of Motion (“the Motion”) dated 4/11/2024 was filed in court on 4/11/2024 as can be seen from the court stamp endorsed thereon.…

…The Petitioners/Applicants' Notice of Motion Application dated 03/04/2025 seeks orders which are of a final nature and which are incapable of being issued at the interlocutory stage.…

…Further, the prayers in the Notice of Motion Application dated 03/04/2025 are identical to the prayers sought in the Petition dated 03/04/2025.…

…The applicants are directed to file and serve the substantive motion within 7 days of the date of this ruling.…

…The respondents and interested party are directed to file and serve their response to the substantive motion within 7 days from the date of service of the substantive motion.…

…Leave to file a substantive motion for judicial review reliefs of certiorari and prohibition is granted in terms of prayers 1 and 2 of the chamber summons. The prayer for leave to operate as stay is, however, declined.…

…I direct that the substantive motion be filed and served within 7 days of the date of this ruling.…

…Leave is granted to file a substantive motion for judicial review orders in terms of prayers 2 (a) (b) of the summons.…

…The prayer for leave to operate as stay is, however, declined save that the applicant will be at liberty to apply for interim relief after the substantive motion has been filed.…

…I direct that the motion together with the petition be filed and served within 7days of the date hereof.…

…The respondents and interested parties to file and serve their responses to the motion and the petition within 7 days of the date of service of the motion and the petition.…

…A notice of motion is not legally recognised as an originating process. A notice of motion can only be within a properly instituted suit.’ 43.…

…A Notice of Motion is not legally recognized as an originating process. A Notice of Motion can only be filed within a properly instituted suit." 50. The foregoing principle has consistently been affirmed by the courts.…

…The motion is supported by the affidavit of Rayn Wendo, the Claims Manager of Directline Assurance Company Limited, sworn on 6th February 2026. 3.…

…The Respondent opposes the motion.…

…The Court may also on its own motion, join an interested party to the proceedings before it. 23.…

…Application to be by notice of motion (1) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court…

…It provides that all applications to the Court, save where otherwise expressly provided for under the Rules, shall be by motion and shall be heard in open court.…

…Order 51 rule 4 in turn requires that every notice of motion state in general terms the grounds of the application, and that where the motion is grounded on evidence by affidavit, a copy of the affidavit intended to be used…

…The Motion sought that the ex-parte judgment made on 30/4/2024 be set aside and that the applicant be allowed to file responses and submissions in the appeal.…

…The Motion was grounded upon the grounds set out on the face of the Motion and the Supporting affidavit of Anthony Mabonga sworn on 26/2/2025. 3.…

…The record shows that leave to file the substantive motion was given on 12 May 2025 and, while granting leave, I directed that the substantive motion be filed and served within 21 days from 12 May 2025.…

…Accordingly, the substantive motion ought to have been filed by 3 June 2025. 12.…

…The chamber Summons under certificate of urgency, seeks leave of this Court to hear the applicants in the Chamber Summons and Originating Motion dated 22nd December, 2025 under certificate of urgency.…

…Under section 8 of the Act, the Originating Motion once filed must be heard and determined within 90 days of the date of filing failing which the decision becomes "Mcfoy", null and void. 3.…