Case law
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Division and case type: CivilMiscellaneous Application
…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…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION NO. 88 OF 1982 BETWEEN PATRICK GATHOGO NJUGUNA............................1ST APPELLANT PAUL MUTURI MWANGI.......................…
Division and case type: GeneralUnclassified
…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: FamilySuccession Cause
…In my view that does not apply to applications under Law of Succession Act(Cap.160).…
…He said the application is therefore misconceived. Mr.…
Division and case type: CivilCivil Case
…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.…
Division and case type: FamilyCase number Adoption Cause
…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: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Case
…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…
…The application is tailored at buying time for the applicant and thus is an abuse of court process. 2.…
Division and case type: CriminalCriminal Appeal
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…
Division and case type: CivilCivil Appeal
…An affidavit in support accompanied the application.…
…Costs.This application too was supported by an affidavit. On 21.6.96 Mr. Muendo argued the appellant's application, the first application, while Mrs. Nzei argued the Respondent's application, the second application.…
Division and case type: FamilySuccession Cause
…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
…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.…
Division and case type: CivilCivil Case
…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…
…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…
Division and case type: CivilCivil Appeal
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Constitutional and Human RightsPetition
…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: Constitutional and Human RightsConstitutional Petition
…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
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…
Division and case type: CriminalCriminal Appeal
…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.…