Case law
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Division and case type: CivilCivil Appeal
…The Supreme Court thus allowed the application.…
…Rule 24 of the Supreme Court Rules deals with applications for grant of certication. Rule 26 deals with urgent applications.…
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: CivilMiscellaneous Application
…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…
…I have carefully considered this application and the submissions of both counsels.…
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: 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: 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: GeneralUnclassified
…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…
…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…
Division and case type: CivilCivil Case
…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…
…The substantive application, was heard by Kasango, J who dismissed the application discharged the 1st Defendant and released the security which had been given.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…
…The substantive application, was heard by Kasango, J who dismissed the application discharged the 1st Defendant and released the security which had been given.…
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: Environment and LandLand Case
…The application is premised on the grounds on the face of the application and is supported by the affidavit sworn by the applicant on 24th February, 2016.…
…The application is opposed. The respondent filed a replying affidavit on 4th March, 2016.…
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: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
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 Suit
…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…
…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…
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.…