Case law
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Division and case type: CivilCivil Appeal
…In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…
…The ground on which the application is based is not substantiated. The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…
Division and case type: CivilCase number Civil Application
…(IN CHAMBERS) CRIMINAL APPLICATION NO.…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: Constitutional and Human RightsPetition
…(IN CHAMBERS) CRIMINAL APPLICATION NO.…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: CivilCivil Suit
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…
Division and case type: CriminalCase number Criminal Application
…(IN CHAMBERS) CRIMINAL APPLICATION NO.…
…NAI. 40 OF 2002 (KSM.24/2002) ABDALLA OTIENO KITENGO ...............................APPLICANT AND REPUBLIC .......................................................RESPONDENT (An application for extension of time to lodge an…
Division and case type: CivilCivil Case
…According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law. When the application came up for hearing, the learned counsel for the Applicant Mr.…
…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…
…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…
Division and case type: CriminalCase number Criminal Application
…In the present application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate…
…I allow the application as a consequence of which I will set aside the order on bail by the Chief Magistrate’s Court at Naivasha. I will substitute the same with an appropriate order of this court.…
Division and case type: CivilCivil Appeal
…(IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 163 OF 2001 BETWEEN EDWIN OTIENO OCHOLLA PAA PRODUCTS LIMITED FISHERMANS PRODUCTS LIMITED .......................…
…There is also quite inordinate delay from August 8, 2001 when the record of appeal was purportedly served and the time this application was brought to Court on October 31, 2001.…
Division and case type: CivilMiscellaneous Application
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
…All the past applicant’s applications failed on the ground that the applicant had not taken steps to challenge the said sale.…
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: CriminalMiscellaneous Criminal Application
…REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION NO 9 OF 1990 JONATHAN MUNGAI WAINAINA ……………………..APPLICANT VERSUS REPUBLIC………………..……………..........……….RESPONDENT RULING The applicant Jonathan…
…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16,…
…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…
Division and case type: CriminalCase number Criminal Application
REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant present and unrepresented W Nfugi (Miss) (State Counsel) for respondent August 29, 1985, Owuor J & Schofield J delivered the following Judgment. Bernard Mwangi Kamau appeals against his conviction by a learned senior resident magistrate Nairobi on 3 counts of robbery with
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
…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…
…the application was incompetent.…
Division and case type: CriminalMiscellaneous Criminal Application
…OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application…
…The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of 1991 of the Principal Magistrate’s Court Kisumu…
Division and case type: CriminalCriminal Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…
…The application was not opposed by the prosecution.…
Division and case type: GeneralCase
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…
Division and case type: CivilCivil Appeal
….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…
…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…