Case law
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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: CivilMiscellaneous Application
…An authorised agent of KENYAC signed that application form, being a chargee in exercise of its power of sale. The same application is also signed by the purchaser.…
…That being so, when the application for consent was placed before the Board, it had both the power and the statutory duty to order attendance of the applicant or of any person interested in or affected by that application…
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 Civil Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
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 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: Environment and LandLand Case
…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.…
Division and case type: CivilCivil Case
…The 2nd defendant did file a replying affidavit to this application through its legal manager. Another application was filed by Kenya Commercial Bank – (2nd defendant). The same is dated 30/5/2012.…
…The application dated 30/5/2012 raises a serious issue on Mr. Njiru's standing as an advocate at the time he filed the application dated 16/5/2012.…
Division and case type: CivilCivil Appeal
…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…
…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…
Division and case type: CivilCivil Suit
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
Division and case type: Constitutional and Human RightsElection Petition
…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…
…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…
Division and case type: CriminalCriminal Appeal
…Shiundu - PM) RULING Before this Court is a second application for bond pending appeal expressed to be brought under section 357 of the Criminal Procedure Code.…
…This application is opposed and Mr. Jami prosecution counsel has served the appellants a Notice of enhancement of Sentence from fifteen (15) years to life imprisonment.…
Division and case type: FamilySuccession Cause
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
Division and case type: Constitutional and Human RightsElection Petition
…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…
…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…
Division and case type: CivilCivil Appeal
…It was further argued on behalf of the appellant that taking into account the age of the minor an award of Kshs 100,000/- was so inordinately high as to manifest error in application of principles. Held: 1.…
…The Shs 100,000/- awarded by the judge cannot be taken to be so inordinately high that the application of a wrong principle must be inferred. Appeal dismissed. Cases 1. Barnett v Cohen [1921] 2 KB 461 2.…
Division and case type: CriminalCriminal Appeal
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CriminalCriminal Appeal
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CivilCivil Appeal
…It is clear that before the application was brought there was no clear refusal.…
…It follows that the court had to investigate the area of conflict before it concluded that consent had been refused before the application was brought for the lessor to obtain possession of the premises.…