Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…Indeed that was the main plank in Mr Juma’s application before this Court.…
…We asked Mr Juma to elect before us on which application to proceed, namely Civil Application Nai 12 or Nai 13 of 1991, because only one application was listed before us.…
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: 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: CivilMiscellaneous Civil Application
…The suit in the Court of the Resident Magistrate was instituted by two people namely Hassan Saidi Dele and Major Henry Mwalugha who are the respondents to this application. They oppose the application for transfer.…
…I think the applicant was wrong to bring this application to Court by way of a summons in chambers.…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…
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 Civil 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.…
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: Constitutional and Human RightsElection Petition
…RESPONDENTS RULING There is before the Court an interlocutory application in this petition.…
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…
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: CriminalCriminal Case
…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…
…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…
Division and case type: CivilCivil Appeal
…CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN ............................. APPLICANT AND DAVID JOHN KIBWANA (EXECUTOR) .....................…
…This application must fail for the reason that the learned judge of the superior court, Ang'awa, J. never heard and decided on the application for leave lodged by the applicant.…
Division and case type: CivilCivil Suit
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: CivilCivil Suit
…Nassir is of the contrary view and urges the court to dismiss the application more so as no security has been provided in terms of order 41 rule 4 (2) (b) of the Civil Procedure Rules.…
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn by applicant John Warui. The suit between the two parties arises from a Hire Purchase Agreement entered into by them on October 8, 1997.…
…In the affidavit in reply to the application, it is deponed that as at April 27, 2000 the applicant was in arrears of Kshs 1,896,075.…
Division and case type: CivilCivil Appeal
…The brief background to the appeal, the subject matter of this application is briefly as hereunder.…
…The respondent, EABS filed grounds of opposition to the application. Mr.…
Division and case type: CivilCivil Case
…Upon application he was allowed to submit in opposition of the application on the basis of the pleadings and the law only. In support of the application the plaintiff swore one affidavit.…
…This application was then rendered necessary.…
Division and case type: Constitutional and Human RightsPetition
…substituted service through the print media and the application was xed for hearing today. 5.…
…Njoroge then made an application for adjournment on two main grounds:- 1.…
Division and case type: Employment and Labour Relationsmiscellaneous cause
…The background to this application is that the principal applicant in this miscellaneous cause (Pius Wamalabe) filed an application dated 10/6/04 under S.146 (Cap 242) and S. 3A Civil Procedure Act seeking orders that the…
…On 11-6-04 Khaminwa J certified the application urgent and directed that the application be served on the Hon. The Attorney General and all interested parties. It was to be heard on 21-6-04.…