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…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, AKIWUMI & SHAH JJ A CIVIL APPLICATION NO NAI 251 OF 1994 BETWEEN ARTHUR K.…

…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…

…There are before the Court two applications Nos 143 of 1987 and No 6 of 1988. In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…

…In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first. The Ruling of the High Court was given on July 3, 1987.…

…the application and petition. 7.…

…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…

…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.…

…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…

…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.…

…CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN ............................. APPLICANT AND DAVID JOHN KIBWANA (EXECUTOR) .....................…

…This application must fail for the reason that the learned judge of the superior court, Ang'awa, J. never heard and decided on the application for leave lodged by the applicant.…

…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

…The matter was before the Judge on July 9th, 1985 and the upshot was that the Judge granted the defendants’ application with costs.…

…Counsel urged that the Judge was invited to substitute the correct name and submitted that the Judge erred in refusing to do so without an application.…

…If the judge felt that there was no cause of action, he should have allowed the application for adjournment and thus enable the defendant to apply for the ex-parte judgment to be set aside.…

…From the moment he refused to allow an adjournment so that an application to set aside the ex-parte dismissal of the defendant’s application to set aside the interlocutory judgment could be made, the judge had before him…

…It was further argued on behalf of the appellant that taking into account the age of the minor an award of Kshs 100,000/- was so inordinately high as to manifest error in application of principles. Held: 1.…

…The Shs 100,000/- awarded by the judge cannot be taken to be so inordinately high that the application of a wrong principle must be inferred. Appeal dismissed. Cases 1. Barnett v Cohen [1921] 2 KB 461 2.…

…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…

…The application was supported by two adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…

…full bench’s right to give leave to amend on an informal application during the hearing of an appeal under rule 44(2) of the rules.…

…It is clear that before the application was brought there was no clear refusal.…

…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…

…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…

…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…

…In the application of this principle the existence or otherwise of instruction to alight from the tractor is immaterial.…