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…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…

…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…

…In my view that does not apply to applications under Law of Succession Act(Cap.160).…

…He said the application is therefore misconceived. Mr.…

…It is upon the application of these relevant principles that I shall decide this application.…

…Application upon application, nay, a deluge of applications, will inundate the Courts. We shall then establish a culture of unreasonable disobedience. Institutions shall be ran by excessive judicial intervention.…

…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.…

…originating summons by the High Court, in the High Court Civil Case No 2411 of 1979 (OS), at Nairobi, the instant originating summons, which was also started at Nairobi but in due course was transferred here, is barred by the application…

…The present respondents in the instant application are two only, namely Willys Gantinku Mukobwa and Robert Njogu.…

…The application was supported by an affidavit sworn by the applicant.…

…Sigei opposed the application.…

…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.…

…The application was supported by an affidavit sworn by the applicant.…

…Sigei opposed the application.…

…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.…

…That costs of this application be provided for.…

…The learned magistrate therefore rightly made an order for stay of execution pending the hearing of the application to set aside the ex-parte judgment. That application was to be heard on the 24th of May, 1991.…

…That Costs of this application be provided for. Mr. Riungu for the applicant stated that the plaintiff Abednego Golden Njeru was deceased.…

…He therefore prayed for Orders as per prayers 1, 2 and 3 of the application. Mr.…

…When the appellant did appear on 24th September 1993 the prosecutor made an oral application that he should be convicted for contempt of court because he had failed to pay school fees for his children.…

…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…