Search court decisions

…This Honourable court be pleased to reinstate the Respondent/Applicant's application dated 3rd May 2024. iv. Costs of the application be in the cause. 2.…

…The Applicant prays that in the interests of justice, the orders dismissing their application be lifted and the application reinstated. 5.…

…They thus urged the Court to dismiss the application with costs. 3.…

…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…

…On 31 August 2023, the applicant moved the Court under a certificate of urgency seeking orders: (i) … (ii) Pending the hearing and determination of the instant application inter-partes, the Honourable Court be pleased to…

…(iii) Pending the hearing and determination of the instant application inter partes, the Honourable Court be pleased to issue a mandatory order of injunction against the Respondents herein, its employees, agents, representatives…

…The application dated 10th August, 2023 discloses no urgency. Let the same be served on the respondent who shall have the liberty to respond to the same within 14 days of service.…

…Pending the hearing of this application, the court be pleased to stay with directions and orders given in the main suit until this application is heard and determined.…

…There was an application dated 15 July 2023 certified urgent, but it was not addressed.…

…This ruling relates to an application dated 22nd August, 2024, coming up for interparties hearing.…

…Mwamu for the Applicant/Petitioner argued that the application proceeds for hearing and the preliminary objections filed by the Respondents be urged as responses to the application.…

…The Court however directed the Claimant’s Counsel to file a formal application for consideration on merit. This gave rise to the present application in which the Applicant seeks more than award costs.…

…The Respondent on the other had submitted that the application was untenable. First because the Applicant sought substantive and final prayers through an application despite the fact that the main suit was pending.…

…That the costs of the application be provided for. 2. The Application is grounded on the Affidavit sworn on 22nd November 2024 by the Applicant’s Chairperson Dr.…

…As such, he seeks that the application be dismissed with costs. 6. The application was canvassed by written submissions.…

…The application was supported by the Affidavit of Mr.…

…In reply the Petitioner filed its reply sworn on 6th April, 2023 and opposed the Applicant’s Application and averred that the Application was devoid of merit, frivolous, an afterthought and otherwise an abuse of court and…

…The application was based on grounds inter alia: a) THAT the petitioner/applicant filed a contempt application dated 15th February, 2023.…

…The application was argued orally on 27th February, 2023 upon which the Court stood down the application for ruling on notice. b) THAT pending the ruling on notice, parties entered into negotiations with a view of settling…

…The Applicant’s application 6.…

…(iii) That the present application is neither a review nor a stay of execution, application. A previous application for review dated 25th July 2017 filed by the Grievant was dismissed on 6th February 2018.…

…The Application herein is supported by the verifying affidavit of Zipporah Mwangi, the 1st Ex parte Applicant, who reiterated the grounds of the Application and urged this Court to allow the Application as prayed. 7.…

…In the affidavit, the deponent avers that the Application is premature, misconceived and incompetent as the person to whom the Application is being brought have not authorized the filling of this Application. 9.…

…Whether the Trial court erred in disallowing the application for review. 18.…

…The application dated 17th April 2023 alluded to by the Magistrate is not present in the Record of Appeal.…

…That the appeal was heard and determined on merit. that the Petitioners were given adequate opportunity to prosecute their review (application) by filing submissions and documents in support of the application. that the Respondent…

…The Respondent “considered” the application in the Petitioners’ absence and dismissed it.…

…Despite service of the Motion on 23 January 2024, the Respondents did not bother to respond to the application (affidavit of service was filed on 6 February 2024). 4.…

…Despite the grant of leave, the Court has relooked at the leave application and the instant Motion. 11.…

…The appellant is seeking that the verdict be set aside and substituted with an order allowing the appellant's objection application dated 2 April 2024 with cost to the effect that the warrants of attachment and sale given…

…The appeal is that the appellant filed objection proceedings through an application dated 2 April 2024 because it is a limited liability company operating as an export processing zone at warehouse No. 1 to 10 on LR.…

…(ii) The application be set down for hearing forthwith. (iii) Costs be in the cause. 3.…

…This Motion was seeking the setting aside of the dismissal of the Cause and the application seeking review. 15. The Court had dismissed an initial application seeking review on 9 November 2018. 16.…

…As regards jurisdiction, counsel submitted that the application was fatally defective for non-compliance with procedure as no primary pleading is on record for Judicial Review which renders the application defective.…

…Order 53 rule 1 and 2 provide: (1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule. (2) An application for such leave shall…

…Costs of this application be provide for.…

…, vexatious and hopeless applications.…