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…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…Cost of the application be borne by the contemnors. 2. The application is premised on grounds set out on the application as well as the Supporting Adavit sworn by the Plainti. 3.…

…The issues that arise for determination herein are whether the application is merited hence the Respondents are in contempt of court, and ultimately, who should bear the costs of the application. 34.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…

…On 9th March 2026, when the application dated 11th November 2025 came up for directions, parties to the application filed a consent for the application to be marked as withdrawn with no orders to costs.…

…2025 was not complied with and that the delay in filing the application was caused by the fact that upon dismissal of the application, the applicant filed another application before the Court of Appeal, which application…

…What is the nature of the application before Court? ii. Whether or not the application is merited iii. What directions ought to issue? iv. Who bears the costs of the application? ANALYSIS AND DETERMINATION: - 14.…

…The Court shall thus consider the Application as an application for review and examine the same under the applicable law. 20.…

…his application) JUDGMENT 1.…

…to dismiss the application on account of none attendance by the Appellant to prosecute her application.…

…the urgency of the above referred Application.…

…of the main Misc Application.…

…That costs of this application be provided for.…

…the instant application is merited.…

…The cost of the application be provided for. 3.…

…hence paving way for the instant application.…

…Isaac Manure Nyakagwa the 1st Plaintiff/Application. 2.…

…Washe J on 20/9/2023 relates to a similar application like the one before court hence rendering this application Resjudicata and thus urge the court to dismiss the application. Issues for determination 6.…

…Given that position, I was not persuaded to allow the application and I dismissed it. 7. This application was then filed.…

…The application is based on the grounds that in the ruling of 14 February 2024 this court held that the application had been filed out of time; that the court found that the application had been filed out of time without…

…That therefore, this application be allowed hence, the defendants be accorded an opportunity to be heard in the first application.…

…That since the first application is related to the second application, the defendants may prejudiced if the defendant’s oral application is not granted.…

…ISSUE NO. 1 - WHETHER THE PRESENT APPLICATION IS RES JUDICATA OR NOT? 11.   The first issue for determination is whether the present Application is Res Judicata to any previous Applications or not. 12.   …

…In the present Application, the parties herein are the same as through in the previous two applications. 32.   …

…The application is premised on the grounds set out on the face of the application as well as the affidavit in support of the application and sworn by Elizabeth Wanjiro Ogutu, the appellant/Applicant herein.…

…She framed two issues for determination, namely; whether the application has merit; and, who should bear the cost of the application. 14.…

…That the applicants have since prepared a response to the respondent’s application hence, their application be allowed in the ends of justice.…

…He averred in part that there is gross inordinate delay in bringing the application. That the applicants had been served with the respondent’s application date 9th August 2024.…

…1 The application the subject of this ruling is dated 3rd July 2024.…

…That however the said application was dismissed on the basis that there was a similar application before the Court of Appeal but made an order of status quo for 14 days within which the Petitioners were to file an application…

…THAT the costs of this Application be in the cause.…

…It is on these directions that the Applicant herein filed the second Application known as KISUMU COURT OF APPEAL CIVIL APPLICATION NO. 162 OF 2023 through her application dated 29.09.2023.…

…and orders issued on 21st May, 2025. d) THAT this Honourable court be pleased to grant leave to the Respondent to file his response to the application dated 5th May, 2025. e) THAT the costs of this application be borne by…

…The application is supported by the annexed affidavit of Robert Muruthi Kanyua, sworn on 30th May, 2025, where he deponed that the application dated 5th May, 2025, came up for mention on 21st May, 2025.…