Case law
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Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: ELRCMiscellaneous Application
…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 aected.…
Division and case type: CriminalCriminal Appeal
…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…
…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CriminalCase number Criminal Application
Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL 62 OF 1989 JO NYARANGI, JE GICHERU & RO KWACH, JJA AUGUST 14, 1989 BETWEEN MWANIKI ...................................................................................................... ACCUSED AND REPUBLIC ............................................................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.) CRIMINAL APPEAL NO.
Division and case type: GeneralUnclassified
…CIVIL APPLICATION NO. NAI. 329 OF 1995 BETWEEN KITHAKA NTHAKANIO .................................. APPLICANT AND THATHI NTHAKANIO ...................................…
…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…It is apparent from the letter of consent that the application having been made on May 11, 1980, consent was not granted within three months.…
…If the application had failed by August then a new application could be made in September and that had not been granted in time. Unfortunately that is not the case.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…It would perhaps have been more appropriate if an application had been made under section 9 or 12 of the Arbitration Act, to replace an arbitrator who had refused to act.…
…Next, the learned judge refused Mr Ghadialy’s fourth application for leave to withdraw from the suit. Kuloba J then proceeded to hear the evidence of the respondent.…
Division and case type: CivilCivil Appeal
…So it would have been unfair and unjust to allow the application after such a long period. Nduhiu’s appeal was instituted on September 13, 1985.…
…Even the application to set it aside had not been made for four years. Order IXB rule 8 on August 2, 1979, which is the date when the application to set aside the judgment was filed, was this – “8.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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 aected.…
Division and case type: CriminalCriminal Appeal
…Sometimes back the accused had made an application to the land registrar to have the piece of land in dispute between the complainant and the accused sub-divided.…
…I am informed the application had been made in February this year. The consent to subdivide was obtained from the land registrar and on Friday the surveyors came to see the accused and asked him to show them the land.…
Division and case type: CivilCivil Appeal
…No such application was made although the matter was fixed for mention on 9th August, 1983, some two months after the reading of the award.…
…He did not object and could not have done so successfully because no application had been made within the time allowed by Rule 16. There is no substance in the second ground of appeal.…
Division and case type: CivilCivil Appeal
…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 adavits sworn by Mr Epaminondas Saliarelis and Mr Theodore George Tsakiris.…